Category: Truck Accidents

Significant Factors in Fall Trucking Crashes
It’s unsurprising that the seasons can impact a driver’s ability to operate their vehicle safely—especially where large trucks are concerned. Time changes, weather patterns, and holidays can all be influential. However, these only have a small impact on why fall is the most dangerous time of year for truck drivers.

According to the most recent data from the National Safety Council (NSC), there were 1,277 fatal truck crashes during the fall season, with October accounting for about 38%. When considering what potentially influences these rates, it’s important to acknowledge that this is the harvest season. Starting in mid-September through late November, this time of year is booming for the agricultural industry, and large trucks play a major role.

How Harvest Season Can Impact Truckers
Large trucks are essential for making harvest season deliveries, transporting both equipment and product. They play such a role that the Federal Motor Carrier Safety Administration (FMCSA) has specific regulations for drivers who are making deliveries for the agricultural sector this time of year.

Although making agricultural deliveries does not appear to be inherently dangerous, there may be some aspects that may make collisions more likely. Here are some of the most significant contributing factors:

Time Constraints
Since most agricultural products are perishable, they need to be delivered quickly, which often means drivers are on the road for longer hours than usual. In fact, the FMCSA has hours of service exemptions for drivers making these deliveries, and they are not required to log their hours via ELD during this period. This increase in time on the road leads to more opportunities for driver fatigue, one of the most dangerous conditions for any large truck driver.

Traveling Longer Distances
During harvest season, drivers may also be traveling longer distances than usual as they deliver products to different parts of the country. This increase in travel time can also lead to driver fatigue and makes it more likely that a driver will make a mistake.

Unsecured or Overloaded Cargo
With these time constraints, there is a great likelihood that cargo may not be properly secured or trucks may become overloaded. This puts both the driver and other motorists at risk as it increases the chance of the cargo shifting or falling off of the truck, which can cause a serious accident. Overloaded cargo may also cause the truck to not be maneuvered properly, such as making an overturn accident more likely or requiring more time to stop because of the added weight.

Rural Roads
NSC data shows that nearly 55% of trucking accidents occur on rural roads. These roads are typically not maintained or refurbished as often, tend to be narrower, and have less visibility than highways or city streets. Since routes for truck drivers making harvest season deliveries typically require navigating rural areas, these factors may increase the likelihood of a crash.

Adverse Weather Conditions
Another factor that can lead to increased trucking accidents during harvest season is the weather. This time of year often brings more severe weather conditions, such as high winds, rain, and even snow in some parts of the country. These adverse weather conditions make it more difficult for drivers to maintain control of their vehicles and increases the chance of an accident.

Increased Traffic
Finally, the increased traffic in agriculture-heavy areas during harvest season can also lead to more accidents. With more vehicles on the road, there is a greater chance of a collision. When you factor in the other potential risks associated with harvest season trucking, it’s not surprising that this time of year sees the highest number of large truck crashes.

Kansas Truck Accident Attorneys
With agriculture being one of the most significant industries in Kansas, it’s important for all motorists to take the necessary precautions this time of year. Truckers should be mindful about how they are driving and the impact it can have on others. Vehicle drivers should also be aware of trucks on the road (particularly in rural areas) and understand that during this time they may need extra stopping distance, a wider berth for larger loads, and additional space when turning.

The team at Bretz Injury Law is prepared to help protect your future when negligent drivers cause harm. If you need legal assistance following a collision with a large truck, call for a free consultation.

Wrong-way crashes can be among the most injurious and devastating of all accidents. Wrong-way drivers often cause head-on collisions, which generate significant force – and can therefore cause significant injuries. Victims of wrong-way collision injuries have important legal rights. With the legal advice of a Wichita car accident attorney, accident victims will be better able to access the compensation to which they are legally entitled.

A wrong-way crash that devastated a Sabetha family

The community of Sabetha, Kansas learned just how tragic the consequences of wrong-way drivers can be. The Wichita Eagle reports that the Ukele family was driving home from the state football championship, where they had watched two Ukele brothers help bring the Sabetha High School football team a state championship title over Marysville. The boys’ parents, younger sister, and uncle were driving home from the championship game when a wrong-way driver attempted to pass a vehicle in the opposite lane. Their mother, who was driving, swerved to avoid a head-on collision. She was killed in the ensuing accident, along with the boys’ younger sister and uncle. Their father was in stable condition after having multiple surgeries.

This horrible accident demonstrates how dangerous wrong-way drivers can be, even when they do not hit another vehicle directly. The unpredictable actions of a wrong-way driver can cause other road users to act unpredictably, as well. This is particularly dangerous when ice or snow makes the roads even more slippery, or when nighttime driving or weather conditions decrease visibility.

Other conditions which can increase the likelihood of Wrong-way driving

Wrong-way driving can be attributed to dangerous driving behavior, such as not paying attention to road signs or driving while impaired. This is what happened in one fatal accident on the Kansas Turnpike. According to The Wichita Eagle, four people were killed when an SUV traveled northbound in the southbound lanes of traffic. Its driver was found to have a blood alcohol level of .22. This is nearly three times the legal limit set forth by Section 8-1567 of the Kansas Statutes.

In another wrong-way crash in Wichita, an 81-year-old driver became caught in the wrong lanes of traffic on an exit of Interstate 135. KAKE reports that another car was unable to avoid a head-on collision with the wrong-way driver. Both drivers were taken to a nearby medical center for treatment. Senior drivers have additional medical and vision requirements in order to obtain a driver’s license, and these are explained by the Kansas Department of Revenue. While many senior drivers are perfectly capable of safe driving, it is important to understand the physical changes of age which can affect driving abilities, potentially leading to wrong-way driving.

These and many other causes contribute to wrong-way accidents in the Wichita area. It is important to determine the legal cause of a wrong-way accident in order to determine who was legally negligent and thus obligated to compensate victims for their injuries. A Wichita car accident attorney can help you determine all potential contributing factors to a wrong-way accident.

The damage caused by Truck accidents can be severe. In order ensure road safety, the Kansas Corporation Commission have put strict regulations in place to for commercial vehicles weighing more than 10,000 pounds. Mechanical regulations include, but are not limited to, safety hitches, trailer braking systems, tire conditions, and periodic inspections.

According to the Kansas Department of Transportation, 3,195 commercial truck crashes occurred in 2016, resulting in 74 deaths and 934 injuries. In 2015 alone, 400,000 truck accidents occurred nationwide, resulting in 4,067 deaths and 116,000 injuries. Despite the current regulations in place, more safeguards could be implemented.

Adding Safety Technology to Commercial Trucks

A recent study by AAA determined that incorporating safety technology in large trucks has an enormous impact on crash prevention. Such technology includes lane departure warning systems, automatic emergency braking, air disc braking, and video-based onboard safety monitoring systems. Lane departure warning systems are designed to keep drivers from veering out of their lane. AAA projects that this technology can prevent up to 6,372 crashes, 1,342 injuries, and 115 deaths per year.

According a Truckinginfo article, only 6 percent of commercial trucks are equipped with onboard video monitoring systems. This video-based technology is designed to monitor truck safety as well as the driver’s performance. AAA projects that this technology alone can prevent up to 63,000 crashes, 17,733 injuries, and 293 deaths per year.

Automatic emergency braking is designed to stop a vehicle without any action taken by the driver. AAA determines that it can prevent 5,294 crashes, 2,753 injuries, and 115 deaths per year. Lastly, air disc brakes provide a higher caliber of stopping power than standard pad brakes. When implemented on commercial trucks, this braking technology can prevent up to 2,411 crashes, 1,447 injuries, and 293 deaths per years.

If You’re Involved In a Truck Accident, Take No Chances

Following any motor vehicle accident, there are a number of actions you should take. Always secure the scene to ensure your safety and the safety of any other drivers involved. If you’re involved in a commercial truck crash in the state of Kansas, then take no chances. Contact an experienced truck accident lawyer who will ensure you receive the compensation you deserve.

Semi-trucks, eighteen-wheelers, tractor-trailers and other heavy vehicles are known to cause severe injuries to car accident victims. Smaller, lighter vehicles have less momentum, and are therefore a less powerful mechanism of injury. Regardless of the severity of injuries sustained, car accident victims have the legal right to be compensated for their injuries and losses.

An experienced Wichita rear-end collision attorney will protect this right.

Losses Caused by a Simple Rear-End Collision

Kansans experienced a poignant reminder of the severity of truck accidents in July, when a rear-end collision caused one death and left four vehicles completely destroyed in the resulting fire. Several other vehicles were also burned. According to The Wichita Eagle, Antonio DiFranco was driving a large tractor-trailer through a construction zone on the I-435 when traffic slowed ahead of him. DiFranco was reportedly following other vehicles too closely. He failed to control his speed, causing him to crash into the Isuzu Trooper in front of him. The Trooper caught on fire and its driver was severely burned. The tractor-trailer then came to a stop next to a large vehicle transport truck. Flames from the crash reached the transport truck, and three Dodge 3500 trucks on the transport were destroyed by fire. A fifth vehicle nearby was also destroyed in the fire. Fortunately, its occupant was helped out of her vehicle by bystanders, and she escaped without injury.

Nearly a month later, the driver of the Trooper succumbed to his injuries and died as a result of the burns. In a case such as this, it is possible that DiFranco’s employer could bear some liability for the accident. If DiFranco were not properly trained, or was forced to work too many hours without appropriate rest breaks, or if he had a bad driving record which should have precluded his employment altogether, the transportation company which employed him could be found to be legally responsible for causing the accident. A case such as this can also result in a significant award for pain and suffering. The driver of the Trooper spent his last month of life in excruciating pain from severe burn injuries. He was confined to the hospital, heavily medicated, and these are all compensable injuries which can be paid to the driver’s estate. While this may be a poor substitute for the pain that accompanied the man’s death, it is a legal right which he and his surviving family are owed, and one which is worthy of fighting for.

How Wichita Drivers Can Stay Safe Around Trucks

Large trucks are more likely to be involved in accidents, and they cause more damage when they do. Reduce your chances of being involved in a truck accident by taking appropriate precautions when driving near a truck or big rig. Always leave plenty of following distance, as large, heavy trucks require greater stopping distance to avoid obstacles in the road. Ensure you are seen by using your signals and headlights to alert truck drivers to your presence.

In Kansas, there is a “rebuttable presumption in favor of plaintiff” in rear-end collisions. This means that it is reasonable to assume that the rear driver is at-fault in a rear-end crash. Defendants can present evidence in an attempt to prove why they were not at-fault, but generally, motorists have a duty to maintain a reasonable distance from the vehicle ahead. A failure to do in an accident can be grounds to establish that the rear driver is responsible.

Together, drivers of trucks and passenger vehicles can make the roads of Wichita safer for everyone.

The main job of trucks on Kansas roads is to transport cargo. Unfortunately, sometimes that cargo is not properly loaded and problems can arise as a result. Cargo can fly out of trucks and injure other motorists on the road. It could also cause a truck collision if it is unbalanced. Furthermore, load problems are a big reason for truck rollover crashes, which can be deadly.

If a truck accident is caused by cargo issues, the driver and trucking company could be held accountable. It is important for victims to understand how accidents happen and to provide proof of the cause of the truck crash so they can get fair compensation.

Three main cargo issues that cause truck crashes include:

• Unbalanced loads: A load is weighted too heavily to one side of the truck or the other.
• Unsecured loads: Debris from the cargo load flies off the truck and causes injury by hitting other vehicles or motorists; by creating a road obstacle that causes a crash; or by obscuring the vision of other motorists.
• Oversized loads: Trucks have weight limits and are not allowed to exceed them. If a truck has a load that weighs too much, this can increase the risk of tire blowouts and rollover accidents. Because the truck is much heavier, it will also have a longer stopping distance and will create a bigger impact if it collides with other vehicles.

These cargo issues can result in a significant number of truck crashes happening. An analysis was conducted to determine causes of large truck rollover accidents and was published by the Association for the Advancement of Automotive Medicine. It showed that 26 out of 239 rollovers studied, happened because a load was heavier than it should have been; was fastened too insecurely; or was placed too high on the truck.

In the report on the study, researches indicated that: “The effect of loads is evident in the fact that they have twice the effect on rollovers as they do on other truck crashes.” The risks are worse when the truck is going around a curve or was on a ramp. Both lane-changes and situations where a wheel drops off the pavement were also higher-risk times for rollovers caused by overloaded trucks.

Trucker misjudgment can also combine with load problems to make the risk of a collision even greater. In 18 of the 29 rollover incidents, the trucker misjudged how fast he could safely travel given the load he was carrying.

A truck driver can be held responsible if he or she was negligent in loading the truck or unreasonably careless in driving the vehicle. It is important for any victim to understand the rules regarding truck driver liability for loss. Because the trucker could be an agent of his employer, the employer could also be liable for losses.