Seattle Truck Law, PLLC.

Trucking Companies, U.S. Government Fail to Protect Drivers From Rear-End Truck Wrecks

One spring day in 2016 outside of West Terre Haute, IN, trucker Jeff Kolkman became distracted inside the cabin of his Green Transportation semi while driving down the highway at 70 mph. By the time he looked up, it was too late. He rammed into the rear of a Toyota Camry at full speed.

Kolkman had a reputation as a safe driver, but a few seconds of distraction by a tablet computer tragically cost him his life, and those deadly moments also took the lives of the three passengers inside the Camry he struck.

The truck Kolkman was driving, a 2016 Volvo semi, could have been outfitted with an emergency braking system widely available in the United States. But it wasn’t. Such braking technology could save hundreds of lives in deadly wrecks throughout the country each year. But too often, it isn’t there to do so.

Every year, hundreds die and thousands more suffer severe injuries in collisions that occur when semi-trucks rear-end smaller vehicles, and the number of deadly truck wrecks in the U.S. has only increased in recent years.

Now concerned citizens, politicians, and activists are asking why trucking companies refuse to implement life-saving automatic emergency braking (AEB) systems on all commercial trucks.

Automatic Emergency Braking Systems Can Save Lives

Autonomous emergency braking technology has been readily available for several years in commercial trucks. This technology and other forward collision avoidance systems, which come standard on many newer passenger vehicles, provide a vehicle with the ability to automatically come to a quick emergency stop when the systems detect a hazard. In many cases, these systems can minimize injuries or avert a wreck entirely.

Unfortunately, even though AEB systems are relatively affordable and even save trucking companies money in the long run, many companies only worry about their short-term profits and refuse to implement new safety technologies like AEB systems.

According to the University of Michigan Transportation Research Institute, more than 300 people die annually from rear-end truck wrecks while another 15,000 victims suffer injuries each year. AEB systems could prevent many of these tragedies. Yet trucking companies and the U.S. government have both failed to make sure the thousands of trucks traveling our highways each day are as safe as possible.

How Trucking Companies Cause Deadly Truck Accidents

Trucking Companies and Government Agencies Fail to Protect Drivers

The National Transportation Safety Board (NTSB) has for years listed mandatory AEB systems among its recommendations on its biennial list of most wanted transportation safety improvements, but so far the necessary organizations haven’t listened. The National Traffic Highway Safety Administration (NHTSA), the federal agency with the ability to create regulations that would mandate AEB systems in commercial trucks, hasn’t taken action on the matter in years. Despite volumes of their own research confirming the value of emergency braking technologies, the NHTSA has ignored the NTSB’s recommendations on AEB systems, and in recent years the agency has even placed a halt on any new regulations for trucking companies.

Even in the absence of regulation, the affordability and safety benefits of AEB systems should make widespread implementation an easy decision for trucking companies. Instead, the trucking industry continues to drag its feet on AEB implementation and lobby against regulations that would make the systems mandatory.

The value of AEB systems in reducing deadly wrecks and saving lives is so well understood that many other countries are either in the process of implementing or have already implemented mandatory collision avoidance technology on commercial trucks within their jurisdiction.

South Korea, for example, is now requiring all new cars and trucks to include AEB systems by 2021. Likewise, the European Union long ago accepted the need for AEBs, mandating them on all semi trucks sold in the EU by 2015.

With AEBs promising significant results in the fight to make our roads safer, many hope that trucking companies and government agencies can work together to fix the current stalemate on implementation. But until that time, the reality of deadly rear-end truck wrecks remains, and that reality translates into tragedy for thousands of victims every year on U.S. roads and highways.

Contact Seattle Truck Law for Help after a Rear-End Truck Wreck in Washington

If you or a loved one has suffered injuries in a rear-end truck wreck in Washington state, it’s important to know where to turn for help. Sifting through all the information and evidence after a truck crash requires time, resources, and experience, and without help from a skilled truck accident attorney, the process can be overwhelming.

At Seattle Truck Law, our team of dedicated and focused truck accident lawyers understands how to investigate a truck wreck claim, uncover all the relevant evidence, and build your claim to give you the best chance at receiving fair compensation for your injuries. To schedule your free consultation with an experienced attorney and get answers to your questions, 

fill out our convenient online contact form

Hendricks, M. (2018, September 13). Lethal inaction: As fatal truck crashes surge, U.S. government won’t make an easy fix. 

https://www.kansascity.com/news/politics-government/article217849815.html

Manufacturers make progress on voluntary commitment to include automatic emergency braking on all new vehicles. (2017, December 21). 

National Highway Traffic Safety Administration

https://www.nhtsa.gov/press-releases/nhtsa-iihs-announcement-aeb

National Transportation Safety Board. (n.d.). NTSB 2017–2018 most wanted list of transportation safety improvements: Increase implementation of collision avoidance technologies [fact sheet]. Washington, DC: Author. Retrieved from 

https://www.ntsb.gov/safety/mwl/Pages/mwl2-2017-18.aspx

The content provided here is for informational purposes only and should not be construed as legal

After I Get Home from the Hospital, What Happens Next?

-related injuries require a lengthy hospitalization, you’ll probably yearn for the comforts of home throughout your hospital stay. When the hospital finally discharges you, it’s an important milestone in your recovery, but there’s still plenty of work to do.

Keep reading for information and advice that can help you successfully transition home and navigate the many challenges that follow a devastating truck crash and hospitalization.

Home May Not Be Your First Destination After the Hospital

 These facilities treat severe injuries, serious illnesses, and any other type of trauma that requires intensive medical treatment.

 These types of facilities help rebuild truck wreck victims’ strength and physical abilities once their medical condition becomes stable.

After a catastrophic truck wreck, you might need significant rehabilitation and nursing care before you go home. In these cases, you won’t stay in the hospital forever. Instead, they’ll discharge you to a rehabilitation facility that will help rebuild your strength, coordination, and movement abilities.

At the rehabilitation hospital, you’ll participate in multiple therapy sessions each day. These sessions may include physical, occupational, speech, and other therapies. You’ll probably feel physically and emotionally exhausted at times. However, don’t give up — your commitment to rehab can impact your results.

Even after leaving the rehabilitation hospital, you might not go straight home. If your residence can’t accommodate your needs, you may have to stay with friends and family for a while. For example, if you need to use a walker or a wheelchair, you may struggle with multi-level housing or even getting in and out of single-level buildings if they are not accessible.

Building a Home Care Plan After a Truck Accident

Making your home safe and suitable for your needs after a truck wreck will require significant planning. Before you leave the hospital, you should take a critical and honest look at your housing situation, your current abilities, and your needs.

My Spouse Was Injured in a Truck Accident — What Can I Do?

Accommodations to your home, such as ramps, a hospital bed, shower chairs, and grab bars in the bathroom

Attendant care services to help with your cooking, cleaning, and other chores

Home health services if you need help with bathing, using the bathroom, and other personal matters

Fall prevention systems and emergency call buttons

Some companies can help you coordinate these needs for a cost. Sometimes, a medical professional will tour your home before you leave the hospital and make recommendations. You can also ask friends and family to help you while you transition home.

However, you’ll need to be realistic with your expectations and planning. If you stayed in the hospital for a long time and have ongoing limitations, these issues won’t just disappear when you arrive home. You should take every precaution to ensure your health and safety, and don’t hesitate to ask for help when you need it.

You Still Have a Long Recovery Ahead of You

While leaving the hospital is an important and long-awaited step, it doesn’t mean that your schedule of doctor and therapy appointments is going to slow down. You’ll still need to see your providers regularly to track your improvement and build your strength. Over time, you’ll hopefully have to see your doctors less.

Even if it’s exhausting at times, you need to attend every doctor’s appointment and follow all the restrictions your doctors give you. If you push yourself too much, you might aggravate your injuries and cause a setback or unwanted complications.

Consider Adding a Truck Wreck Lawyer to Your Team

Your physical and emotional recovery should remain your number one priority, but you shouldn’t ignore the financial losses the truck driver and their employer inflicted on you. A serious truck crash can lead to a lifetime of medical care, lost income, and other damages. While money may not seem important right now, stress over finances can affect your mood, outlook, determination, and even your physical health.

Why You Can’t Trust the Insurance Company After a Truck Accident

However, you only have a limited amount of time to pursue your legal claims after a truck wreck. Because so much is at stake, it’s in your best interest to consult an experienced truck accident lawyer as soon as possible.

At Seattle Truck Law, we focus our practice on handling complex truck crash cases. We work closely with our clients, investigate their claims, negotiate with insurance companies, and demand fair compensation for their injuries. We know from working with truck wreck victims how challenging their recoveries are, and we strive to provide emotional support and peace of mind while fighting aggressively for justice on their behalf.

Seattle Truck Law: Fighting for Truck Accident Victims in Washington State

If you’ve suffered injuries in a truck wreck or your loved one is hurt and requires extensive care, you probably don’t have the time, energy, or resources required to gather evidence, investigate the complex causes of a crash, and build your personal injury claim. To make sure your rights are protected and important evidence is preserved, you should contact 

 and schedule your consultation with an experienced truck accident lawyer as soon as possible.

 if you need help. We offer free initial consultations to assess your situation and discuss your legal options, and we handle cases on a contingent fee basis, which means that you won’t pay attorney’s fees unless we help you and your family receive compensation through a settlement or verdict.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Here’s How You Can Report an Unsafe Trucking Company

There’s almost nothing more terrifying than seeing a semi truck driving recklessly. Fortunately, when you witness negligent behavior from a truck driver or trucking company, you have the power to report it to the authorities.

By doing so, you may be able to prevent a 

. And even if the worst happens and a wreck occurs anyway, your complaint and the subsequent investigation could serve as important evidence in a truck wreck claim.

Keep reading to learn about three important options you can use to report dangerous and negligent behavior from a truck driver or trucking company.

Reporting Option #1: In an Emergency, Call 911

If you’re witnessing an emergency on the road, call 911 right away. The emergency dispatcher will notify law enforcement authorities or emergency medical services depending on the circumstances. Make sure you give the dispatcher as much information as you can, including a description of the vehicle, its license plate number, its location, and your reason for concern.

Reporting Option #2: File a Complaint With the Federal Motor Carrier Safety Administration

If you find out that a trucking company or truck driver is engaging in negligent behavior, but the situation isn’t an emergency, you should file a complaint with the Federal Motor Carrier Safety Administration (FMCSA) as soon as possible (at latest, within 90 days from when you learned about the behavior in question).

The FMCSA is part of the Department of Transportation (DOT) and is responsible for enforcing federal trucking laws and regulations, including:

 Drivers cannot text and drive or use handheld mobile devices while driving.

 The FMCSA prohibits truckers from operating their vehicles under the influence of drugs or alcohol.

 FMCSA regulations limit the number of hours a driver can operate a commercial vehicle without taking a rest break.

 Trucking companies must properly maintain their vehicles and perform routine inspections to ensure their safety.

 Drivers and trucking companies must maintain logbooks that track information like hours on the road and the vehicle’s maintenance schedule. Falsifying or improperly maintaining these logbooks is a serious infraction that comes with significant penalties.

 Drivers must obey all posted speed limits, and trucking companies may not schedule runs that a driver can’t make without speeding.

These rules apply to all truck drivers and trucking companies that engage in interstate commerce.

Truckers Often Keep Driving After Drug Arrests

To file an FMCSA complaint, you can either call the agency at 

. Once you submit a complaint, it becomes part of the trucking company’s permanent record in the National Consumer Complaint Database.

The FMCSA will also investigate your complaint. Depending on what FMCSA investigators discover, the agency can take enforcement actions against the trucking company, including large fines and the suspension of the company’s operating license.

Reporting Option #3: Report Safety Violations to Your State Department of Transportation

In addition to federal truck safety regulations, state and local governments impose their own rules and requirements. If you believe a truck driver or company is violating these rules in your state, you can contact the appropriate state regulatory agency. In Washington, this agency is the 

Washington State Department of Transportation (WSDOT)

Safety Violations Are Powerful Evidence in a Truck Wreck Claim

FMCSA and state regulations set the standards that courts apply when they examine truck wreck claims. In some ways, this simplifies the process of proving negligence in a truck crash. When there is evidence that a truck driver or trucking company violated FMCSA rules, it’s automatically considered negligence. From there, you only need to show that the violation caused your injuries and then establish your damages.

Hit by a Truck Driver? They May Have Broken Rules and Regulations

However, proving a violation of an FMCSA rule or other regulation can be a complex process. Agencies don’t initiate enforcement actions for every complaint, even if there is evidence of a violation. Without an enforcement action, you and your attorney will need to thoroughly investigate the wreck and present evidence of any safety violations to a judge or jury.

A skilled truck wreck lawyer can help you document the trucking company’s violations and link them to your injuries after a wreck. This process may involve preserving the trucking company’s logbooks, carefully reviewing their contents and telematics data, and interviewing witnesses. While this is a complex and highly technical process, when you work with an experienced attorney, they should be able to investigate your claim, organize the evidence, and deal with the insurance companies so you can focus on your physical and emotional recovery.

Injured in a Truck Accident? Contact Trucking Attorney Morgan Adams Today

If you have suffered injuries or even lost a loved one in a devastating truck crash, Seattle Truck Law Attorney Morgan Adams is here to help. With years of experience and a sole focus on large vehicle cases, Morgan Adams has the expertise and resources needed to guide you through a complex trucking accident claim and fight for justice on your behalf.

 if you need help. We offer free initial consultations to assess your situation and discuss your legal options, and we handle cases on a contingent fee basis, which means that you won’t pay attorney’s fees unless we achieve a financial recovery on your behalf.

The Clock Is Ticking for Your Trucking Accident Case

 can be confusing and overwhelming. Your first instinct might be to wait a while and let things settle down before calling a lawyer.

That’s an understandable instinct, but it’s also the wrong one if you want to give your legal case the best chance of success. In this article, we’ll discuss several important reasons why you should 

 as soon as possible after a truck wreck.

Understanding the Statute of Limitations in Trucking Accident Cases

One factor that makes it extremely important to move quickly after a truck crash is the statute of limitations. These laws set the maximum time after a truck crash or other injury-causing event that the victim or their family can take legal action.

The statute of limitations in your case is like a timer that begins ticking as soon as your injury occurs. Once the timer counts down to zero, your chance to file a lawsuit and get compensation for medical bills, lost wages, and other damages is gone forever.

Statutes of limitations are set by state law and aren’t the same everywhere, so the time limit for you to file a lawsuit will depend on the state where your accident occurred. Usually, the statute of limitations for personal injury cases is two or three years, and timeframes for wrongful death cases are often shorter.

While two or three years might sound like a lot of time, keep in mind that the statute of limitations is the deadline to 

, not to contact a lawyer. Filing a lawsuit properly often takes months of investigation, preparation, and paperwork, so don’t expect to walk into an attorney’s office the week before the statute of limitations expires and be able to file suit in time.

Preserving Evidence Is Critical to Your Case’s Success

The statute of limitations isn’t the only reason why you need to act fast after a truck wreck. Truck crashes produce lots of complex evidence, and the sooner your attorney begins gathering this evidence, the stronger your case will be.

Crucial evidence that can affect the outcome of your case, from eyewitness statements to electronic trucking logs, may only be available for a short time after the wreck. The longer you wait to contact a lawyer who can start investigating your case and preserving evidence, the greater the chance that this important evidence will disappear or even get deliberately destroyed by the trucking company (which is called “spoliation of evidence” in legal terms).

To make sure that all the evidence stays intact in your case, you need to contact a lawyer immediately. If you call them quickly enough, your lawyer should be able to investigate the scene, take pictures of damaged vehicles, get contact information from witnesses, and gather other evidence before it gets lost or covered up.

Insurance Companies and Their Attorneys Move Quickly After a Crash

While you and your loved ones might feel lost and overwhelmed in the wake of a devastating wreck, the defense lawyers representing the insurance companies know exactly what to do. Within minutes or hours after the crash, they’ll make their way to the scene and start gathering evidence to help their case.

These “rapid reaction” or “rapid response” teams of lawyers often gather materials and then try to classify them as “work product,” which means they won’t have to turn them over to the plaintiff and their lawyer in a lawsuit. Often, the defense attorneys voluntarily turn over only the materials that help their case. They’ll try to protect everything else under work-product privilege.

The best way to fight back against these tactics is to contact an attorney right away. An experienced trucking accident lawyer should know how to overcome work-product objections and can address any other tactics the attorneys for the other side might use to undermine your case.

Seattle Truck Law is a personal injury law firm with a primary focus on large truck and bus crash cases. We serve clients throughout Washington state.

Truck Accident Lawyer

Trucking Companies, U.S. Government Fail to Protect Drivers From Rear-End Truck Wrecks

After I Get Home from the Hospital, What Happens Next?

Here’s How You Can Report an Unsafe Trucking Company

The Clock Is Ticking for Your Trucking Accident Case

Contact Us Today

What Does It Mean To Be A "Trucking Accident Attorney"?

Categories

About Seattle Truck Law, PLLC

Disclaimers

Practice Areas

Our Offices