Beaufort Truck Accidents Often Involve Underride- But New Rules Could Change That
Underride accidents are among the most deadly of all truck accidents which occur in the United States. There are regulations requiring the use of underride guards to try to prevent these serious and often fatal truck crashes. The regulations, unfortunately, are inadequate and are not making a substantial difference in preventing tragedy. There could, however, be new regulations on the horizon which hopefully will help to reduce underride risks.
New Rules Aim to Prevent Underride Truck Accidents
National Highway Traffic Safety Administration (NHTSA) has a issued Notice of Proposed Rule Making. In December of 2015, the NHSTA put forth this notice of intent to make a rule because the Administration is trying to improve the requirements applicable to underride crash prevention.
There are currently mandates that most tractor trailers and semi-trucks have bars hanging down in the back to prevent underride accidents by stopping cars from going under trucks. Unfortunately, the bars are not working as well as they should. The NHTSA wants to modify Federal Motor Vehicle Safety Standards (FMVSSs) to create tough new rules in FMVSS No. 223 and 224. The rules would change requirements for rear impact guards and rear impact protection in trailers and semitrailers.
The Insurance Institute for Highway Safety (IIHS) has been urging NHTSA to change rules for rear guards to prevent underride accidents for around a decade. IIHS has warned the current requirements are not good enough. Underride accidents are still happening far too often, despite the protections in place. In fact, an estimated 423 annual fatalities and 5,000 annual injuries happen in truck crashes when an underride occurs. Finally, the NHTSA has acted – although it will still take some time before the proposed rule for underride guards can actually move through the full process necessary to become a regulation.
Twenge + Twombley Law Firm 311 Carteret Street Beaufort, SC 29902 866-452-6315
Federal Agencies Need to Do More to Prevent Fort Worth Truck Accidents
Every truck driver and trucking company has a responsibility to prevent truck accidents in Fort Worth. Truckers should exercise reasonable precautions and drive safely, while trucking companies should be careful in their hiring practices. Although individual drivers and trucking companies have a big role to play in preventing truck accidents, there are others who need to do their part as well. In particular, federal regulatory agencies should impose stricter regulations to address some of the most important issues for truck safety.
Federal Regulators and Truck Accident Prevention
In December of 2015, the National Highway Traffic Safety Administration (NHTSA) issued a Notice of Proposed Rule Making indicating the agency would be modifying the rules related to required underride protection. Underride protection is safety equipment designed to prevent cars from going under trucks when a car and truck are involved in a collision. Current rules for underride protections are inadequate, and the NHTSA aims to impose stricter regulations so fewer underride accidents happen.
This is good news, although the rule making process will take a long time – the new rules will not immediately begin providing protection for motorists from deadly underride truck accidents. The bad news is that the proposed rule comes too late to save the lives of hundreds of people who have died in truck accidents already. Consumer Affairs reported recently on an advocacy group called AnnaLeah and Mary for Truck Safety, named after two sisters who were killed when a tractor-trailer with an overtired driver hit their vehicle. Because there were inadequate underride protections, their car got trapped underneath the truck. The lives of the sisters could perhaps have been saved if there were underride protections in place at the time.
Coby L. Wooten, Attorney at Law, P.C. Fort Worth Office 1301 Ballinger St. #100 Fort Worth, Texas 76102 Toll Free: 866-408-0940 Local: 817-632-8400
Wichita Truckers Need to Remove Snow to Prevent Truck Accidents
Long-haul truck drivers may encounter snow and ice in many states they travel across over the course of the winter. Penske warns truckers they need to be aware there are different rules for snow and ice removal across different states. Truckers from warmer-weather locations, in particular, need to be aware they may be getting new obligations as they enter states where snow and ice can form on their vehicles.
Understanding obligations when it comes to snow and ice removal is essential because an accumulation of snow or ice on a truck could contribute to the risk of truck accidents in Wichita. Snow and ice could fly off a truck and could injure a pedestrian or could affect other motorists. In one cases, for example, ice falling off a truck resulted in a driver being injured when his windshield was broken. Falling snow and ice could impede visibility and cause a driver to lose control of his car.
Trucker Obligations to Remove Snow and Ice
The specific laws for snow and ice removal differ by state. Trucking Info indicates there is a new trend towards more states imposing requirements for removal. One example of pending legislation would give law enforcement the authority to issue citations even if the snow and ice did not actually fall off the truck. Just having an accumulation could lead to a trucker getting pulled over and fined anywhere from $25 to $75. If the truck driver failed to fulfill an affirmative obligation imposed on him to remove snow and ice and an accident occurred causing serious bodily injury or death, the trucker would be fined anywhere from $200 to $1,000.
Laws imposing an affirmative obligation on truck drivers to remove snow and ice can increase the chances a trucker will be found liable when an accident happens because of snow falling off the truck. The victim of the collision could argue the trucker was negligent and could point to the safety law requiring the trucker to remove snow and ice as proof. Failure to fulfill this safety obligation would create the presumption of negligence, so it would be easier for the victim to succeed in a civil claim for damages.
Warner Law Offices 310 West Central Ave. Suite 110 Wichita, KS 67202 Toll Free (866) 584-1032 - Local (316) 269-2500
About the Author: