Category: General

What is reasonable care in a car crash?

Posted on by John Young

Indianapolis Auto Accident AttorneysYou and your family are in an automobile collision.  You suffer serious personal injury.  Your wife has broken bones, your child might have a spinal cord injury, you might not be able to get back to work.  You go to see your lawyer because you believe the other driver was at fault and caused the harm to your family.  You tell your lawyer that the other car was waiting to turn left into a parking lot, the car began to turn and you could do nothing to prevent the collision.  .  Your lawyer tells you have a good case and because he/she is a good lawyer that lawyer takes immediate steps to get statements from all the witnesses, gets a copy of the police report, puts the other driver’s insurance company on notice of your claim.  Your job, at that point is to let the lawyer worry about the case, and focus on recuperating from your injuries.  However one thing is bothering you.  Your lawyer said that the other driver failed to use “reasonable care” in the operation of their car and caused the collision.  Now what the heck does that mean?

Lawyers sometimes speak in a foreign language.  Reasonable care is generally a simple concept.  In terms of driving, it generally means to follow the rules of the road.  The rules of the road are those rules you learned in drivers education.  In the above circumstance it means that the other driver has the obligation to yield the right of way to approaching cars, letting them pass before turning.  Said another way, if the approaching car is so close as to present an immediate danger if the turning car turns, then the turning car must wait to turn. So why didn’t the lawyer just say that?  Well, lawyers are taught that the words “reasonable care “ are important words, and when we talk among ourselves, it is easy to throw that term around because we are used to it, and know what it means.  I think lawyers need to do a better job using ordinary language to describe what we mean instead of using terms that are difficult for the general public to understand.  The courts also believe this too and are trying to create jury instructions that use plain language, so jurors can do a better job at getting to the truth.

Ask your lawyer, whenever they use terms you do not understand, to tell you what they mean.  That will allow you to fully understand what is happening and it will cause your lawyer to slow down and think about what they are saying and how to say it more clearly.

Holidays Give the Gift of Life Do Not Drink and Drive

Posted on by John Young

Indianapolis Auto Accident AttorneysThe holidays are upon us.  We spend time with friends and family giving thanks for the love of our families and friends and for the bounty we enjoy.  Part of the festivities will probably include alcohol.  We want to take this time to remind you to give the gift of life, Don’t Drink and Drive.  Drunk driving accidents lead to serious personal injury and wrongful death that ruin families.  The greatest gift you can give another person is to put away the keys and make the choice to avoid drunk driving.  Call a cab, sleep where you are, walk, ask a friend to take you home.  This gift will spare innocent drivers from broken bones, paralysis, spinal cord injuries, brain injury and wrongful death.  This gift will allow other drivers to get home safe to their children and spouses.  This gift will allow you to get home to your spouse, children and or parents.  This gift will keep on giving as it will allow you to walk with your head up, knowing that you did the right thing, and without the guilt associated with causing another human being the suffering caused by serious personal injury.  This gift will keep on  giving because you will not have to answer that question about a felony on the job application in the affirmative and then have to explain how a very bad decision changed the lives of so many fellow Hoosiers.  This gift will keep on giving because your children, and people who look up to you will follow your example and save themselves from the horror caused by drunk driving.  This gift may keep on giving by allowing another to live who might find the cure for cancer who might save one of your loved ones.

There are so many reasons to give the keys way if you have been drinking.  Find the one you can get behind and give those keys away.  Have a Happy Thanksgiving.

SSDI and SSI Disability Programs in Indianapolis

Posted on by John Young

There are 2 different types of disability programs for those who are disabled: SSDI and SSI

Social Security Disability Insurance (SSDI)

SSDI has two requirements:

1. You are disabled for at least 12 months or more.

2. That prior to your disability you worked and paid into the FICA tax system or the self employment tax system.  Think of this contribution as the premium for the disability insurance.

In order to qualify the applicant must have worked 20 out of the last 40 quarters prior to disability.  A quarter is a quarter of the year.  The applicant does not have to work each day of the quarter, but the employment must be substantial. If you are concerned about the number of credits you have, you can obtain a copy o your work history from the Social Security Administration.  I also suggest that you put pencil to paper and record your dates of employment for the last 15 years. You may not have perfect recollection, but do your best.  When you have this complete, I can look at it and help assess whether you really do or do not have enough work credits to qualify.

Supplemental Security Income

SSI is for people who have not worked and contributed to the FICA tax system.  SSI has a number of restrictions and exemptions not attached to SSDI.  It also pays less.  If you are married and your spouse is earning more than say $35K a year, you probably will be disqualified for SSI.

If you are 58 and a widow (or widower), you can draw off your spouse’s earnings history.  If you were married for more than 10 years, are divorced and are 62 or older, you may get benefits based on the ex spouse’s earnings history.  Given all these  options, I encourage you to contact me to talk over the issues.

Car Crashes in the Country

Posted on by John Young

Indianapolis Personal Injury Lawyers

There are a lot of differences between living in the country and living in the city.  For one, traffic is generally less congested in the country.  This fact alone does not relieve drivers in the country from using due care in the use of their car.  There are just different dangers in the country.  When a car is driving down the road and approaches an intersection, and the corn is high, and there is no stop sign, be careful, the sign might not yet have been placed by the county for either direction of traveler.  As no one approaching the can see anything of the intersecting road until  they are at the intersection, any driver should slow as they approach the intersection to make sure the other direction of travel is clear. Automobile collisions at blind intersections can be violent causing serious personal injury and even wrongful death.

At this time of year, the harvest is being completed.  This necessarily means that farmers, and their employees will be using the country roads to move their oversized equipment from field to field.  These slow moving vehicles generally take up more than just one lane of the road  and are moving slowly.  The farmer operating this equipment have the same obligation to follow the rules of the road as all other vehicular traffic.  The farm equipment must stop at stop signs, yield the right of way and keep a proper look out.  These vehicles are also required to display the slow moving symbols on their vehicles.  A failure to honor these rules of the road can, unfortunately result in serious injury and wrongful death.  In West Point, Indiana, yesterday, a combine being operated on a country road in order to move from one field to another apparently failed to stop at a stop sign and yield the right of way to a minivan transporting a family.  The collision caused the deaths of all three passenger of the van.  Our prayers go out to the family members of the lost family. This is an unfortunate example of how not following the rules of the road.  We implore all operators of equipment on the road to follow the rules of the road for your  own safety and for the safety of all other Hoosiers using those same roads.

 

Federal Motor Carrier Safety Regulations Designed to Prevent Semi Tractor-Trailer Accidents

Posted on by John Young

We applaud and support the Motor Carrier Industry.  Without responsible owners and operators our economy could not function.  Billions and Billions of dollars worth of goods and supplies are transported back and forth across our great country every day.  The industry supplies us with the food we eat, the materials supporting our homes and the tools of business and commerce.  In order to achieve this wondrous feat, semi tractor-trailers, big rigs, large trucks and small trucks must share the road with passenger cars carrying families and individuals whose missions are essential to the well being and industry of society.   In order to accomplish both missions safely, the Federal Motor Carrier Safety Administration imposes certain obligations on Motor Carriers.  Of the various rules applicable, we are here to talk about the inspection, repair and maintenance of the semi tractor-trailers on the road.  A poorly maintained big rig is a serious danger which likely will cause trucking collisions. Big truck accidents pose danger to the driver of the truck, but also pose significant risk to the small cars on the road resulting in serious injury including paralysis, brain injury, broken bones, and even wrongful death.  In order to help avoid semi tractor-trailer collisions, motor carriers are required to comply with the Inspection Repair and Maintenance regulations.

I set out the  applicable provision below for your ease of reference. As you can see, safety is the primary motivation behind the regulations.  Strict record keeping is also required to ensure compliance with these regulations.

Inspection, repair, and maintenance

§ 396.3Inspection, repair, and maintenance. (a) General. Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control. (1) Parts and accessories shall be in safe and proper operating condition at all times. These include those specified in part 393 of this subchapter and any additional parts and accessories which may affect safety of operation, including but not limited to, frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems.(2) Pushout windows, emergency doors, and emergency door marking lights in buses shall be inspected at least every 90 days. (b) Required records. Motor carriers, except for a private motor carrier of passengers (nonbusiness), must maintain, or cause to be maintained, records for each motor vehicle they control for 30 consecutive days. Intermodal equipment providers must maintain or cause to be maintained, records for each unit of intermodal equipment they tender or intend to tender to a motor carrier. These records must include: (1) An identification of the vehicle including company number, if so marked, make, serial number, year, and tire size. In addition, if the motor vehicle is not owned by the motor carrier, the record shall identify the name of the person furnishing the vehicle;(2) A means to indicate the nature and due date of the various inspection and maintenance operations to be performed;(3) A record of inspection, repairs, and maintenance indicating their date and nature; and (4) A record of tests conducted on pushout windows, emergency doors, and emergency door marking lights on buses.

Code of Federal Regulations493

(c) Record retention. The records required by this section shall be retained where the vehicle is either housed or maintained for a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier’s control.

We read, study and use these regulations in each and every case we handle for Hoosiers seriously injured in big truck accidents. Let us put our experience (58 years) to work for you.

Social Security Disability and Age 62

Posted on by John Young

I have had many, many 62 year old disabled clients ask me why they should file for Social Security Disability when they can just file for early retirement.  The simple answer is because they will be entitled to a greater amount of money through Title II Disability than they would if they just filed for early retirement.  The longer answer is that this person should file for both, and here is the reason why.

Indianapolis Social Security Attorney

Sixty two year old Americans are entitled to apply for and receive Social Security Retirement benefits.  The catch, of course, is that if they elect to take early retirement, their monthly benefits will be less than what they would receive if they wait until their retirement of either 65 or 67.  If that same person, however, becomes disabled in between the ages of 62 and 65, their Social Security Disability benefits are not reduced because they begin their benefits in between those ages.  So, the smart move is, if you find yourself unable to work because of a disability and you are between the ages of 62 and 65, is to file for both early retirement and Social Security disability, at the same time.  This is the smart move because your retirement benefits will start immediately, to provide income while you are waiting for your disability application to be evaluated.  Yes, you will receive less income than if you waited for full retirement, but most people need that money to live on.  Now, you have the early retirement income, and you are waiting for the Social Security Administration to review your application.  The application is ultimately approved.  You start to receive your full monthly benefits.  You do not receive early retirement benefits any longer because you Are receiving Social Security Disability and you cannot receive both at the same time.  However, for those months that you were receiving the lower early retirement benefit you will receive a one-time lump sum benefit made up of the difference between your reduced early retirement benefits and your Disability benefits for those months you were disabled, but your application was pending.

There are a few other factors that play into exactly how much money you will receive.  If you would like to discuss this with me, please feel free to call and I will be happy to advise you on the options that best serve your needs.

 

Social Security Disability and closed period of Disability

Posted on by John Young

In order to qualify for Social Security Disability Income (SSDI), among other things, you must prove that you have a disabling condition that is expected to last more than a year. What about those folks who have a disability that has lasted more than a year, but the disability is not permanent, and they either will be able to work at sometime in the future or have already returned to work, can these folks get disability payments?  The answer is yes.  If you have a disability that is expected to, or does, last more than a year then you can obtain benefits for the months that you are disabled, even if you return to work.  This is referred to as a closed period of disability.  Bear in mind that the first 5 months of any disability period is eliminated.  This means that if you, for example, become disabled on January one, the first benefit you will receive will begin on June 1.  You will then be eligible to receive benefits for each month the disability continued after the five month elimination period, up to the time you return to work.  If you have any other questions about Social Security Disability Income, or SSDI also known as Title II Disability, please give us a call.

Social Security Disability Timing Issues

Posted on by John Young

If you are thinking that you need to file for Social Security Disability, We suggest that you file sooner rather than later.  It is obvious that you cannot qualify for Disability Benefits if you do not apply.  However, what most folks do not know is the time it takes for the claim to work through the system.  Your initial application for Social Security Disability Benefits generally takes between 100 and 120 days to be processed.  In this time, the Social Security Administration will gather your medical records, and likely ask you to see a doctor of their choosing, as well as fill out additional paperwork about your past work activities and your daily activities.  If you are turned down on your initial application, you have 60 days from the date you are denied to files your Request for Reconsideration.  Again, it generally takes anywhere from 100 to 120 days to process this request.  If you are turned down on the Request for Reconsideration, you have 60 days to file your Request for Hearing Before Administrative Law Judge.  This portion of the application takes longer to process.  In Indianapolis, it used to take as many as 24 months to get a hearing.  However, thanks to diligence in the Office of Adjudication and Disability Review, that wait is down to between 10 and 14 months.  Still this is a long time.

If you need help fining your application, we can help.  If you have filed your application and have been turned down, call me.  I have 23 years of experience with Social Security claims, covering hundreds upon hundreds of claims and hearings.

Insurance and Serious Accident Claims

Posted on by John Young

truck accident lawyerYou are a motorist on the road, a large truck, a semi tractor-trailer, without warning, pulls into your lane  hits you and sends you into the guard rail.  Your car flips and comes to a rest on its top.  You and your family have on seat belts and survive a potential wrongful death, but your family has suffered serious personal injury.  Your first concern is getting proper medical attention.  In a few days you are assured that everyone will heal, but it will take a lot of therapy and pain.  Who is going to pay for it?  Well, the law says that the trucker who caused the highway collision , and his employer, are responsible for paying to make up for the harm they cause.  You can rest easy knowing that in order for the truck to be on the road it is required to have insurance to pay for the harm caused by the tractor-trailer accident.  It’s the law.  The Federal Motor Carrier Safety Regulations (FMCFR) mandate the following:

387.7 Financial responsibility required.(a) No motor carrier shall operate a motor vehicle until the motor carrier has obtained and has in effect the minimum levels of financial responsibility as set forth in §387.9 of this subpart.(b)(1) Policies of insurance, surety bonds, and endorsements required under this section shall remain in effect continuously until terminated. Cancellation may be effected by the insurer or the insured motor carrier giving 35 days’ notice in writing to the other. The 35 days’ notice shall commence to run from the date the notice is mailed. Proof of mailing shall be sufficient proof of notice.

The minimum amount of insurance is $750,000.00.  Most responsible trucking companies carry more than this minimum amount.  They carry more because large truck collisions cause serious personal injury including amputations, paralysis, and wrongful death.

Rest assured Indiana Law also states that all cars on the road are also required to carry liability insurance.

If you are ever on a jury, know that the person who caused the harm has insurance, and that the insurance will pay for the harm done.  The driver is not going to have to pay for the harm out of their own pocket.

Social Security and Medicare in Indianapolis, IN

Posted on by John Young

If you are entitled to Title II Social Security Disability Income, then two years after the date you became disabled, you are entitled to Medicare.  If you are not entitled to Title Two Disability, and you are eligible for Title XVI Supplemental Security Income, then you may be eligible for Medicare.  It depends on how much money you contributed to the Medicare trust fund, through taxation.  If you have never worked, then you are ineligible for Medicare.

So, if you are not eligible for Medicare, what are your options?  Most people who are eligible to receive funds from the SSI program are eligible for Medicaid.  So what is the difference.  The two programs, Medicare and Medicaid are two distinct medical insurance programs.  They are operated by distinct government offices.  Medicare is a strictly federal program and is based on your contributions during your working life.  Medicaid is a State run program.  It consists mainly of federal dollars, with some contribution by the State. It is a need based program.  This means that if you fall below a predetermined income level, and asset level, you are likely eligible for Medicaid.  There are several restrictions on Medicaid, as there are in cases involving SSI.  One such restriction is the amount of assets you are allowed to have.  This is a very low number, and if your assets are above this number, you will have to spend these assets down prior to your eligibility for Medicaid.

I have been representing Hoosiers who are applying for Social Security Disability Benefits  for 24 years.   I have significant experience with the rules and regulations governing eligibility.  I have been to hundreds of Hearing before Administrative Law Judge with my clients.  I know the medicine and I know the rules.  If you require help with your Social Security Disability Claim, give me a call.

Texting IS Impaired Driving

Posted on by John Young

texting and drivingWe all know that drunk driving is dangerous because the driver’s perception, reaction time and decision making are slowed, if not functional.  The alcohol effects the drunk drivers body by interfering with the brains ability to communicate effectively with the other parts of the body.  It is almost as if the danger information is not communicated to the body so that the body cannot react and avoid problems.  The biggest problem is that the drunk driver is operating a 2000 pound missile at speed.

Texting and driving presents all the same dangers.  Instead of alcohol interfering with the brain’s ability to communicate with the rest of the body, the phone interferes with the brains function.  If the texter is looking at the screen, the brain is not perceiving changes in its environment.  If the texter’s brain is thinking about the next thing to say, or reacting what it has perceived in a text , it is not thinking about the road, or the welfare of other drivers or the welfare of the texter.  If the texter’s brain is communicating with the phone, it is not telling the foot to brake because the light just turned to red.

I ride my bike most days, and every time I ride my bike, and I mean every time I ride my bike, I see texter’s doing things that would lead to the arrest of the drunk driver. We all know that drunk driving can result in serious personal injury, including wrongful death, amputation, paralysis and brain injury, just to mention a few. Texting driving causes the same potential for the same serious personal injuries.

So do yourself, your parents, your friends, your loved ones and all the people driving around you a huge favor,

PUT DOWN THE PHONE!           

Wait til you get there or pull over.  Just don’t text and drive.

Semi Tractor Trailer Accidents and Parking

Posted on by John Young

Anyone who has driven on the highway late at night or in the early morning hours has seen them. The semi tractor-trailers sitting on the side of the road near off ramps with their flashers operating and their engines running. This is necessitated by the fact that sleepy drivers are at increased risk for causing semi tractor-trailer collisions. As a driver is limited to a specific number of hours on the road in any 24 hour period, they must be stopped the other hours. As most Semi tractor-trailers have sleeping births, sleeping in a rest area or on the on and off ramps, or even on the side of the road is a natural consequence of the need to have alert drivers.

Of course any stationary object on the highway shoulder presents a potential hazard to the driving public. In order to make the roads as safe as possible for both the sleeping trucker and the traveling family, the Federal Motor Carrier Safety Regulations address appropriate guidelines to help avoid the serious personal injuries, and even wrongful death that a semi tractor-trailer crash can cause. These parking regulations include, .(a) A motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must not be parked under any of the following circumstances—(1) On or within 5 feet of the traveled portion of a public street or highway;(2) On private property (including premises of fueling or eating facility) without the knowledge and consent of the person who is in charge of the property and who is aware of the nature of the hazardous materials the vehicle contains; or(3) Within 300 feet of a bridge, tunnel, dwelling, or place where people work, congregate, or assemble, except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place.(b) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3 materials must not be parked on or within five feet of the traveled portion of public street or highway except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place.

Semi Tractor Trailer Accidents and Rules for Inspection Maintenance and Repair of Vehicles

Posted on by John Young

truck accident attorneyRules exist to ensure the safe operation of Semi tractor Trailer collisions. The rules strike a balance between ensuring that product make its way across the country to keep our economy moving and making the road as safe as possible for American families. It is sensible to require that everyone associated with a motor carrier, be knowledgeable. See § 396.1Scope.(a) Every motor carrier, its officers, drivers, agents, representatives, and employees directly concerned with the inspection or maintenance of commercial motor vehicles must be knowledgeable of and comply with the rules of this part.

In order to maximize the safety of equipment used on the road, Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control. § 396.3-Inspection, repair, and maintenance..Thorough records must be created and maintained by the carrier for one year, while the vehicle remains under the control of the carrier, and for six months after the vehicle leaves the carriers control.

If you or a loved one suffers serious personal injury, or wrongful death as a result of a semi-tractor trailer accident, we are ready you help.

Indiana Crashes Involving Large Trucks

Posted on by John Young

What is done to make sure that our families are not injured in Semi Tractor Trailer accidents?  How do we balance that with making sure that one of the greatest suppliers of goods to the country.  One thing is to make sure that drivers of the big trucks are fit to operate these multiple ton machines.  The Federal Motor Carrier Safety Regulations establish the minimum physical and mental requirements for allowing a driver to qualify to operate the big rigs.  Companies are allowed to make the qualifications more stringent, but the minimum standards must be met.  Below is a small sampling of the requirements that are part of the FMCFRs guidelines designed to make the operation of the Semi Tractor-Trailers safe during operation.

Section 390.3(d) of the FMCSRs allows employers to have more stringent medical requirements.

391.41(b)(1)

A person is physically qualified to drive a commercial motor vehicle if that person:
Has no loss of a foot, leg, hand, or arm, or has been granted a Skill Performance Evaluation (SPE) Certificate pursuant to Section 391.49. and

391.41(b)(2)

A person is physically qualified to drive a commercial motor vehicle if that person has no impairment of:
(i) A hand or finger which interferes with prehension or power grasping.
(ii) An arm, foot, or leg which interferes with the ability to perform normal tasks associated with operating a commercial motor vehicle.
(iii) Any other significant limb defect or limitation which interferes with the ability to perform normal tasks associated with operating a commercial motor vehicle.

391.41(b)(3)

A person is physically qualified to drive a commercial motor vehicle if that person:
Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control.

391.41(b)(4)

A person is physically qualified to drive a commercial motor vehicle if that person:
Has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis.

or

Any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure.

391.41(b)(5)

A person is physically qualified to drive a commercial motor vehicle if that person:
Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with the ability to control and drive a commercial motor vehicle safely.

391.41(b)(6)

A person is physically qualified to drive a commercial motor vehicle if that person:
Has no current clinical diagnosis of high blood pressure likely to interfere with the ability to operate a commercial motor vehicle safely.

391.41(b)(8)

A person is physically qualified to drive a commercial motor vehicle if that person:
Has no established medical history or clinical diagnosis of epilepsy;

or

Any other condition which is likely to cause the loss of consciousness, or any loss of ability to control a commercial motor vehicle.

391.41(b)(9)

A person is physically qualified to drive a commercial motor vehicle if that person:
Has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with the driver’s ability to drive a commercial motor vehicle safely.

391.41 (b)(10)

A person is physically qualified to drive a commercial motor vehicle if that person:
Has a distant visual acuity of at least 20/40 (Snellen) in each eye with or without corrective lenses, or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses;

and

distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses;

and

field of vision of at least 70 degrees in the horizontal meridian in each eye;

and

the ability to recognize the colors of traffic control signals and devices showing standard; red, green, and amber.

391.41(b)(11)

A person is physically qualified to drive a commercial vehicle if that person:
First perceives a forced whispered voice in the better ear at not less than five feet with or without the use of a hearing aid.

or

If tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to the American National Standard, [formerly American Standard Association (ASA)] Z24.5-1951.

391.41(b)(12)

A person is physically qualified to drive a commercial vehicle if that person:
Does not use a controlled substance identified in 21 CFR 1308.11, Schedule I, an amphetamine, a narcotic, or any other habit-forming drug.
Exception: A driver may use such a substance or drug, if the substance or drug is prescribed by a licensed medical practitioner who is familiar with the driver’s medical history and assigned duties; and has advised the driver that the prescribed substance or drug will not adversely affect the driver’s ability to safely operate a commercial motor vehicle.

391.41(b)(13)

A person is physically qualified to drive a commercial motor vehicle if that person:
Has no current clinical diagnosis of alcoholism.

If you know anyone who has been injured in a crash with a semi tractor-trailer, and have questions about their rights and responsibilities, please know that we can help. Contact Us.

How Safe is a Semi Tractor-Trailer Driver?

Posted on by John Young

This is an important question because we all must share the road with these huge semi tractor-trailers and an accident with a semi tractor-trailer is likely to result in serious personal injury or even wrongful death to the smaller vehicle. Safe operation benefits both the trucking industry and the industry does a good job of making sure its drivers are safe.  So how do they do it. The answers lie in their desire to avoid the costs associated with causing serious personal injury to others and through enforcement of the Federal Motor Carrier Safety Regulations aka FMCFRs.   The FMCFRs set out the requirements for driving Semi Tractor-Trailers. They are as follows:

Rule 391(11) General qualifications of drivers.(a) A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in §391.63, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.(b) Except as provided in subpart G of this part, a person is qualified to drive a motor vehicle if he/she—(1) Is at least 21 years old;(2) Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records;(3) Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives;(4) Is physically qualified to drive a commercial motor vehicle in accordance with subpart E—Physical Qualifications and Examinations of this part;(5) Has a currently valid commercial motor vehicle operator’s license issued only by one State or jurisdiction;(6) Has prepared and furnished the motor carrier that employs him/her with the list of violations or the certificate as required by §391.27;(7) Is not disqualified to drive a commercial motor vehicle under the rules in §391.15; and(8) Has successfully completed a driver’s road test and has been issued a certificate of driver’s road test in accordance with §391.31, or has presented an operator’s license or a certificate of road test which the motor carrier that employs him/her has accepted as equivalent to a road test in accordance with §391.33.

As the trucking company is responsible for injuries caused by one of their drivers, they have a good incentive to follow these rules faithfully. The trucking company is also required to get the safety recs of a truck driver from former employers for the past 3 years before hiring.  After hire, on an annual basis, the company is required to obtain the driving record from the state agency where the trucker has his/her CDL. 

 We know the rules and how the industry attempts to keep us all safe.  If you or a loved one has been injured in a semi tractor-trailer accident, please call.

Semi Tractor Trailer Crashes Caused by Driver Fatigue

Posted on by John Young

Driver fatigue causes semi tractor-trailer accidents. When a driver falls asleep at the wheel semi tractor-trailer crashes happen. When a driver is tired, their reaction time is reduced and semi tractor-trailer collisions cause serious personal injury and wrongful death. So, what prevents companies from pressuring drivers to driver to the point where they become a hazard to others on the road? The civil justice system, which is designed to hold those financially responsible for the harm they cause is one incentive to be safe. Another incentive is found in the Federal Motor Carrier Safety Regulations or FMCFRs for short. The FMCFR contains a provision which specifically controls the amount of drive time a carrier may allow its drivers to perform. To enforce this rule drivers are required to keep up to date logs of their drive time and must present this log to a law enforcement officer immediately upon request, such as when a semi tractor-trailer accident happens. In addition, on board computers and satellite monitoring devices can be accessed to insure that the driver’s logs are accurate. A violation of these rules is admissible in court as evidence to establish whether the drivers negligence was a cause of the serious personal injury or wrongful death caused by the highway accident. A copy of the FMCFR is provided here for your review. If you or a loved one has been injured as a result of a semi tractor-trailer accident which was caused by violations of the FMCFRs, please call.

FMCFR Part 395.3

(a) Except as otherwise provided in §395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, unless the driver complies with the following requirements:(1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty;(2) 14-hour period. A driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. The driver may not drive after the end of the 14-consecutive-hour period without first taking 10 consecutive hours off duty.(3) Driving time and rest breaks. (i) Driving time. A driver may drive a total of 11 hours during the 14-hour period specified in paragraph (a)(2) of this section.(ii) Rest breaks. After June 30, 2013, driving is not permitted if more than 8 hours have passed since the end of the driver’s last off-duty or sleeper-berth period of at least 30 minutes.(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, for any period after—(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.(c)(1) Through June 30, 2013, any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. After June 30, 2013, any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.(2) Through June 30, 2013, any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. After June 30, 2013, any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.(d) After June 30, 2013, a driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.

Texting and Semi Tractor-Trailer Crashes in Indiana

Posted on by John Young

Indianapolis auto accident attorneysSemi Tractor-Trailer crashes can cause severe personal injuries, especially to those  occupying passenger cars.  We have represented many Hoosier families dealing with the serious personal injuries, and wrongful death caused by semi tractor-trailer accidents. 

Did you know the odds of being involved in a crash is three times greater when the driver is reaching for an object than when the driver is not reaching for an object. Did you know that the odds of being involved in an accident is six times greater while the driver is dialing a cell phone than when the driver is not dialing a cell phone. These increases in risk are primarily attributable to the driver’s eyes being off the forward roadway.

As a result of these dangers the Federal Motor Carrier Safety Administration (FMCSA) believe it is in the best interest of public safety to restrict a CMV driver’s use of such devices. To this end Rules are being past restricting the use of cell phones, for both calls and texting, by drivers of Commercial Motor Vehicles.

If you, or a loved one, are injured as a result of a semi tractor-trailer accident, it is important to find out whether the driver of the truck was using a cell phone at the time of the crash.  If so, it is likely that the crash was caused, in part by that phone usage.

Semi Tractor Trailer Injuries and Public Liabilities

Posted on by John Young

Indiana Auto Accident AttorneyIf you, or a friend or loved one is injured as a result of collision with a semi tractor-trailer, and the collision was not their fault, they are protected under the civil justice system.  Why is this? The answer is as simple as what your mother taught you as a child.  If you are negligent, and that negligence causes injury to a fellow Hoosier, then you are responsible for making up for the harm you cause.  Generally, the way society has agreed to as a method of making up for the harm is to be financially responsible.  We also agree that financial responsibility is met with insurance. 

In passenger cars the minimum financial responsibility is met by purchasing Liability insurance limits of no less than $25,000.00.  In Semi Tractor-trailer crashes the injuries and harms are likely to be much greater.  This is simple physics, the heavier the vehicle involved in the crash, the more likely the damages are to be severe.  That is why the Federal Motor Carrier Safety Regulations require greater financial responsibility.  The applicable provision of the rules is:

The minimum levels of financial responsibility referred to in §387.7 of this subpart are hereby prescribed as follows:

Schedule of Limits—Public Liability Type of carriage Commodity transportedJanuary 1, 1985
(1) For-hire (In interstate or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds)Property (nonhazardous)$750,000
(2) For-hire and Private (In interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds)Hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons; or in bulk Division 1.1, 1.2 and 1.3 materials. Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.4035,000,000
Code of Federal Regulations302
(3) For-hire and Private (In interstate or foreign commerce, in any quantity; or in intrastate commerce, in bulk only; with a gross vehicle weight rating of 10,001 or more pounds)Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials, and hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in (2) above or (4) below1,000,000
(4) For-hire and Private (In interstate or foreign commerce, with a gross vehicle weight rating of less than 10,001 pounds)Any quantity of Division 1.1, 1.2, or 1.3 material; any quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; or highway route controlled quantities of a Class 7 material as defined in 49 CFR 173.403 

At Young and Young we know the rules which govern safety for Semi tractor-trailer operation.  Let us help you when you are injured in a semi tractor-trailer accident.

   

Indianapolis Personal Injury Lawyer Discusses Pedestrian Road Use

Posted on by John Young

In a car crash with a pedestrian, or bicyclist, the law of gross tonnage applies.  The law of gross tonnage states that when two bodies impact, the body with the larger gross tonnage will fare better in the collision that the body with the lighter gross tonnage. In any collision between a car and a pedestrian, or a bicyclist, the car will always fair better. 

Generally, the pedestrian or the cyclist will suffer serious personal injury, such as a brain injury, a spinal cord injury, or amputation, or even wrongful death.  A secondary effect of such a collision, as I tell my children when they see a child or other pedestrian using the road, is the guilt that will follow the driver, likely for the rest of their lives.

To avoid these collisions take a few precautions. 

In a residential area, make sure you have your vehicle under control and that you are traveling at a speed which will allow you to stop quickly, especially if you see children present. 

Treat children like a stop sign.  Children are unpredictable by nature, treating them like stop signs means that regardless of what they do, you will not hit them.

Drive with your lights on no matter the time of day.  In the daytime, your lights are an added advantage to being seen by pedestrians.  In the night your lights serve as both a beacon to the pedestrian, and allows you to see.

Do not out drive your lights.  Your lights, at night, only project so far.  In an urban area, travelling at a high rate of speed may cause your lights to be ineffective at allowing you to see far enough ahead to be able to stop or react quickly.

Never  drink and drive.  Call a cab.  Give a friend your keys.  Walk.  Just do not drink and drive.

Be careful, not only for the sake of the pedestrian and the cyclist, but for your own peace of mind.

Indiana Auto Accident Attorney Warns About Railroad Crossings

Posted on by John Young

Indiana Auto Accident AttorneysEvery railroad crossing should have either a stop sign, crossing bars or some type of warning system to alert drivers of oncoming . Unfortunately, in Indiana , not all do and a lot of drivers forget that when there is a meeting between a train and a motor vehicle , the motor vehicle is more likely to lose. Three ladies in Boone County this week were in a car that did not see the train and collided. Death and serious injuries resulted.  Anytime you cross a railroad track regardless of the presence or absence of signs or warning systems you are best to assume that there is a train coming until you are sure of the absence of a train. Collisions that can result in serious injuries or death can be prevented with a little common sense and extra caution.

NOTICE: No face-to-face meeting needed. You can remain safely in your home from case signup to settlement.

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