Being involved in a truck accident is a very traumatic experience. Whether you were not injured at all or seriously injured, in all likelihood your car was totaled or seriously damaged. If you are injured in a Semi Truck Crash, Tractor Trailer accident or other truck accident, you should immediately hire a reputable Rhode Island Trucking Accident Personal Injury Attorney to ensure that you’re not stuck dealing with the financial repercussions and various other consequences due to another’s negligence.
RI trucking accident
Dealing with various issues after a RI truck accident can be quite intimidating. Many car, motorcycle, bicycle accidents or motorcycle accidents with a truck result in death, traumatic brain injury, hospitalization and other serious injuries.
Some truckers are very aggressive
Many truck drivers feel that it’s okay to drive rashly in a way that intimidates all those who are driving smaller vehicles such as automobiles. Some truckers are very aggressive behind the wheels. This can be very intimidating to motor vehicle operators and cyclists. Sometimes they are tired and overworked. In some case the truck driver is distracted because he is using the phone, texting and driving or looking at a gps. Often they are in hurry to get to the place where they need to be.
Reckless and dangerous truckers in Rhode Island
Sometimes this may cause them to disregard some traffic signals and rules of the road. This kind of reckless behavior can be hazardous and in some cases even fatal. If you suffer serious personal injury as a result of an 18 wheeler or big rig accident then the trucking company should pay you for the truck drivers negligence and haste. If you are a victim in this kind of situation, you and should fight for your rights. The first step is hiring a top Providence Rhode Island Truck Injury Attorney to handle your case and to represent you in Court, if necessary.
Experienced RI truck accident attorneys
Experienced RI truck accident attorneys can get things done that other inexperienced lawyers can’t. The Best Wrongful Death and Truck Accident Lawyers in Rhode Island are more experienced and skilled in dealing with big companies and getting you the compensation that you deserve. These TOP RI Personal injury Lawyers also have the resources to properly litigate the Semi Accident case. They know how to investigate the Truck Crash and submit the proof that strongly substantiates your claim. They can even get the truck driver and the company to admit their role and responsibility for the situation. Therefore, by getting them to accept the responsibility, your attorney can get you the rightful compensation reward that can fairly compensate the injustice done to you.
Good truck accident attorney
Even as you are trying to get past this situation, it’s very important to do some research to pick a good truck accident attorney. Don’t settle for any name that sounds impressive. Be selective and choose a professional that has extensive experience in handling cases similar to yours. Don’t allow the responsible party to get away with their reckless or careless behavior. If you fail to take action, you may leave others at risk.
Serious RI truck crash with van
“EAST PROVIDENCE, R.I. (WPRI) — Two Massachusetts men died Tuesday after their cargo van was crushed between two tractor-trailers on I-195, East Providence Fire Chief Oscar Elmasian confirms. The crash took place just before 10 a.m. Tuesday in the area of Exit 8 in East Providence. Rhode Island State Police said one of the tractor-trailers and the van had slowed for traffic when the second tractor-trailer crashed into the back of the van, forcing it into the back of the first tractor-trailer.” WPRI
East Providence truck accident case
“Warren Avenue runs in an east-west direction. It is one of East Providence’s main thoroughfares. The driver testified that shortly before the pedestrian was injured, he had stopped his truck at a traffic light at the intersection of Warren and Lyon Avenues. His vehicle was the first in a line of traffic headed easterly along Warren Avenue. When the light turned green, the operator resumed his trip. His duty at this particular time was to deliver some steel products of his employer to a customer in Riverside. He accelerated slowly and as he reached a point, which the driver estimated to be about two or three truck lengths past the intersection, he saw a man on the sidewalk to his right walking toward the street with his head down. The driver did not sound his horn or alter the direction of the truck as he was able to keep the pedestrian within the periphery of his vision until the cab of his truck had passed the point where he was standing. The defendant said he assumed Mr. Ferreira was standing on the edge of the sidewalk because he did not recall seeing him step off the curbstone. He then heard a “thump,” and as he looked through his rear-view mirror, the driver saw the deceased falling away from the rear of the truck.” 247 A.2d 842 (1968) Tiago FERREIRA, Administrator v. McGRATH TRUCK LEASING CORP. Tiago FERREIRA, Administrator v. UNITED STATES STEEL CORP. Tiago FERREIRA, Administrator v. Donald B. WASSMOUTH. Nos. 373-Appeal, 374-Appeal, 375-Appeal. Supreme Court of Rhode Island. November 20, 1968.
Hire an attorney that can get you the justice you deserve. You should not get lured by the false promises of the adjuster who is trying to get you to quickly settle your car crash with a truck claim for peanuts. Instead, make them pay for their negligence and also protect others from these types of actions.
Driver fatigue- falling asleep at the wheel
Sleepy and tired driving often is the cause of a truck accident. Driver fatigue is one of the leading factors in a majority of truck accidents across the nation’s highways and In Rhode Island. Often times, the fatigue is exacerbated because truckers must meet strenuous deadlines, work long hours and abide by rigorous strict rules of the road. If you were injured in a Rhode Island truck accident then you should immediately call a Rhode island truck accident attorney who is also a personal injury lawyer in RI.
Tired truckers put motorists in peril
Fatigue and sleepy driving often occurs because of exhaustion and extreme tiredness that is usually the result of a lack of sleep. Many times, the fatigue impairs the trucker’s ability to determine their own level of tiredness and the need to take a long break and sleep. In many situations, the trucker will fall asleep or nod off when driving behind the wheel. Because of the sheer size of the heavy machine traveling at a high rate of speed, even a minimal truck accident in Rhode island and Providence Plantations can cause catastrophic results involving serious injuries and death.
Factors causing big rig accidents
The Federal Motor Carrier Safety Administration (FMCSA) has conducted various studies as a way to examine the factors causing truck and big rig accidents. Their statistics indicate that nearly one in five crashes involving commercial vehicles occur because of driver fatigue. Approximately one in every four accidents involve truckers traveling too fast for roadway conditions and weather. Another 44 percent of these collisions involve commercial truck drivers impaired by over-the-counter medications and prescription drugs.
Distracted, inattentive and sleepy truckers are a recipe for disaster
The correlation between truck accidents and driver fatigue is nothing new. For more than a century, truckers have caused crashes due to overreacting to a situation, freezing behind the wheel, ignoring obvious signs of danger, inattentiveness and distraction. In many situations in Rhode island (RI), truck driver mistakes caused by fatigue or tired driving occur because of numerous factors including:
• Negotiating a curve in the roadway at too fast a speed.
• Inexperience behind the wheel exacerbated by fatigue.
• Operating the commercial vehicle at a rate too fast to avoid road hazards and other motorists.
• Improper cargo loading that distributes weight unevenly on the truck bed or trailer.
New Federal Regulations related to falling asleep at the wheel or drowsy driving truck collisions
In recent years, the United States federal government has changed rules and regulations for truck drivers, enforcing “hours of service” rules. These regulations ensure that every commercial trucker takes the necessary restorative sleep and rest to ensure safe driving.
The new federal regulations allow truckers to work up to 14 hours every day as long as they drive no longer than an 11 hour stretch before resting. Afterwards, the trucker is required to remain off duty for a minimum of 10 consecutive hours before beginning a new shift. In addition, the trucker is limited to driving no more than 60 hours every seven consecutive days and no more than 70 hours every eight consecutive days.
Managing Fatigue in Rhode Island
Because fatigue slows reaction time and reduces the trucker’s ability to properly and quickly assess situations, it is essential that the driver learns to manage the problem. Training in fatigue management has been proven highly effective at improving the driver’s essential skills. Part of the management course helps the trucker manage personal fatigue, determine fatigue levels, improve their awareness and comprehend the importance of taking time to sleep when necessary.
Injuries and Fatalities as a result of drowsy, sleepy or tired driving
Because fatigue causes impaired judgment and challenges in making decisions, many truckers involved in accidents cause serious injuries and fatalities to other motorists and passengers. As a result, the trucker, trucking company and others can be held legally liable for the semi truck crash. This is because the motor carrier and owner of the Big Rig / 18 wheeler has a duty to provide every driver all necessary tools to perform their job based on their schedule and abilities.
If you were injured in a RI truck wreck or a loved one, spouse or family member died in a fatal truck crash then you should contact a RI truck accident lawyer or a Rhode Island wrongful death attorney.
18 wheeler trucking accident in RI
If the trucking company or owner of the Tractor Trailer fails to provide every trucker with necessary and adequate information or avoids providing proper supervision and training they can be found negligent. Because they breach their responsibilities, they are duty bound to provide compensation to the injured victims and surviving family members of loved ones killed in a 18 wheeler trucking accident.
2 Fatal Rear End Truck Accidents within Hours in PA
There were two very serious motor vehicle crashes on January 13th, 2014 on Interstate 78 and Route 309 in Pennsylvania within hours of each other.
A truck accident
In the first accident early in the morning at about 5 am, a man was killed when his pickup truck hit a bus in a rear end crash. The truck operator was a 75 year old senior citizen. The police are actively investigating this deadly wreck. According to reports, “The bus had been stopped for a red light in a southbound lane…” article
Man dead at scene of trucking crash
The truck driver “hit the back of the bus just as the bus started to move after the light turned green.” The man died at the scene of the truck accident. article Hours later, a big rig collided with a car which burned the truck cab. Smoke was visible many miles from the trucking collision.” A 55-year-old Allentown man was driving the tractor-trailer west when his big rig crashed into a car that had stopped at the Lane 4 toll booth, state police at Belfast said. The car’s driver died, police said.” http://articles.mcall.com/2014-01-13/news/mc-t-easton-interstate-78-tractor-trailer-accident-20140113_1_toll-booth-pickup-truck-truck-cab
“The flames consumed the cab of the rig, which was hauling a ShopRite trailer. The tractor-trailer, with the car crushed under the cab, ended up on the west side of the road, beyond the toll booth.” The accident caused a traffic nightmare for commuters attempting to get to work.
Rear end truck accident
It is unclear whether the families of the deceased have retained personal injury attorneys or whether wrongful death litigation has commenced in either fatal crash. If a spouse, family member or loved one was killed in a:
then it is crucial that you retain a good RI personal injury lawyer or a Providence area wrongful death attorney.
In Rhode Island and in areas surrounding providence, sadly there are many Big Rig and 18 wheeler crashes. Thousands of people are killed each year across the Country in 18 wheeler and Tractor Trailer collisions. There are very few of these 18 wheeler accidents in Providence, the capital city, as a result of new regulations. These laws require that large trucks must GO AROUND Providence to get through RI.
Providence is the only relatively large city in Rhode Island and has the largest population. Unfortunately Semi Truck crashes with cars, Bikes and Motorcycles are a common occurrence in cities and towns such as Pawtucket, Cranston, Warwick and East Greenwich.
Rhode Island 18-Wheeler Crash Attorney
As a result of the large size and heavy weight of a truck as opposed to a motorcycle or an automobile, large trucks and 18 wheelers accidents can be fatal or cause devastating injuries. It is crucial that you retain an experienced 18 wheeler Personal Injury Lawyer who is also a top Rhode Island truck accident attorney .
Fatal truck accident
This Rhode Island truck accident attorney attorney must be knowledgeable about the complex interplay between state and federal rules and regulations as well as statutes. There are many different types of trucks including garbage Trucks, flatbed trucks, and the traditional Big Rig. The common element between these vehicles is they are usually for commercial trucking purposes Unfortunately, many trucking accident are caused by sleepy, tired or drowsy driving as a result of a truck driver being pressured to get their load to its destination on time. Other Large truck accidents are caused by distracted driving such as texting and driving, cell phone use, web surfing and driving as well as GPS usage and driving. Many of these distracted driving accidents are deadly and lead to Rhode Island Wrongful death Litigation.
Rhode Island truck accident attorney
The most significant highways in RI are I-95, I-195. Other highways include Route 6 and Route 44. Other commercial vehicles such as school buses and commercial buses may be a nuisance on the road. If you are injured as a result of a bus accident in RI, it is crucial to obtain an experienced busing collision solicitor. If a loved one was killed in an accident as a result of negligence then you must contact a Rhode Island Wrongful Death Attorney
How do commercial accidents trucking crashes occur?
There are hundreds of causes of these accidents including driver carelessness, distracted driving, drunk driving and driver negligence. Some Trucking accidents result from jackknife accidents, drug use and driving, blind spot accidents, unsafe road conditions, icy or snowy roads and bad weather conditions.If you are injured in a trucking mishap in any city or town in RI including Warwick, Cranston, Pawtucket, warren, Bristol, South Kingstown etc., you need to contact a Providence or East Providence Personal Injury Attorney ASAP!
I recently asked attorney Jonathan Rosenfeld for his thoughts on the most recent truck regulations. Attorney Rosenfeld was more then willing to share his vast knowledge base with us.
Will these new trucking rules actually reduce the number of large truck crashes resulting in serious personal injury or even death?
A: I am always cautiously optimistic. There are so many existing trucking regulations that have been in place for decades, yet we see that the number of people injured and killed in these accidents remains relatively stagnant (see Federal Motor Carrier Safety Administration large truck and bus collision statistics here) While the added regulations may not have a substantial impact on trucking safety as a whole from a statistical perspective, I have little doubt that the new law will reduce some semi-truck accidents. Ultimately, determining the number of ‘prevented’ accidents is basically impossible to calculate.
Safety and the trucking industry
Safety in the trucking industry will always be an issue as long as the penalties for violations of federal regulations and driver negligence cost the company less money than doing things safely. Companies continually to hire inexperienced drivers, delay truck maintenance and overload their vehicles because they know that it is still more profitable to violate than comply with safety ordinances. In this sense, I very much echo the sentiment of my colleague Michael Ehline, a CA truck accident attorney as he discussed in a recent interview.
Are rules sensible and data driven?
Are these Truck Accident Rules sensible data driven changes or just arbitrary government over regulation?
A: Let’s face it, all new regulations and laws have an element of uncertainty in terms of the actual impact they have when they are implemented. That being said, there is a body of research that has taken place on the role of driver fatigue in motor vehicle accidents which demonstrates ‘fatigue’ as a real threat to everyone on the road (see FMCSA Safety Quiz, role of trucker fatigue in accidents). At the very least, these new regulations will be renewed attention to this issue, which is always a good thing in my playbook.
Are these rules ripe for Fraud and Misrepresentation? After all, who can really know whether a trucker is taking a break or actually resting / sleeping?
A: As with the existing trucking regulations, there are drivers who adhere to them and those who don’t. What makes these new regulations particularly ripe of violations is that many companies still reward drivers by delivering a certain number of deliveries or certain number of miles driven on a daily basis. Even at companies the practice has been reduced, there is a still a culture of truck operators out there who brag about the length of their runs or who are permitted to ‘go home once their route is completed. Until, the culture of the industry begins to change, driver logbooks will likely get doctored.
How will these regulations effect pending and future Tractor Trailer, Semi and 18 Wheeler Truck Accident Lawsuits for Wrongful Death and or Serious Personal injury?
A: The new regulations will be another tool in truck accident attorney’s arsenal of weapons when it comes to litigating these cases. That being said, all experienced truck litigation attorneys likely review a driver’s log book in every truck accident lawsuit and regularly elicit evidence relating to scheduling and other factors which could have an impact on crashes.
Is Truck Driver fatigue a major cause of Big Rig Accidents worthy of the Feds issuing regulations.
A: If you ask a national trucking company, I’ll bet you they say ‘no’. If you pose this question to a person who was seriously injured in a trucking accident with a driver who had been behind the wheel for 18 hours, you’re going to hear something very different. Given the risk / reward, these regulations offer the promise of reducing serious collisions involving injuries and fatalities—certainly a worthwhile cause.
Should The Department of Transportation’s Truck Rules have been more stringent or addressed other trucking safety issues such as mechanical inspections, distracted driving or drug / alcohol testing.
A: Resources are probably better spent enforcing the existing regulations on the trucking industry. The numbers of full investigations into compliance with regulations needs to be bumped up so trucking companies see that there is a real risk of repercussion when they fail to keep up with the terms in place.
Will Personal injury and Truck Accident Attorneys ( RI truck accident attorney) generally be in favor of these Large Truck Safety Rules?
A: As an Illinois trial lawyer involved in truck accident cases, it is convenient when you have a regulation on point to the circumstances of your case. That being said, there are so many existing rules and regulations in place for the trucking industry, that we could likely prove most of driver fatigue cases with existing material. Jurors hearing these cases are also smart enough to know that a driver involved in a crash is not going to be as sharp after 15-hours on the road—and they don’t necessarily need a regulation to tell them that.
Here are questions I just posed to Michael Ehline regarding the New Trucking Safety Rules and fatal truck accident.
Q: Will these new trucking rules http://www.fmcsa.dot.gov/rules regulations/topics/hos/statement.aspx actually reduce the number of large truck crashes resulting in serious personal injury or even death?
A: Past figures I have seen, show that there is a point where reasonable regulations, become over-regulation. So yes, reasonable rules for the road are a great framework for how a reasonable person must act. But after a point, these rules become overbearing and actually hinder the safety of the a motorist. For example, these new regulations cut the hours of truckers, and now, on their forced downtime, they have to find a way to get extra money to support their families. My thought has always been that regulations are a floor and not a ceiling. That people,especially people in business, who want to avoid lawsuits, injuries, etc., will hold themselves to an even higher standard, or the market and suits, will force them out of the marketplace. (Read More here about the effect of truck regulations in California.)
Q: Are these truck accident rules sensible data driven changes or just arbitrary government over regulation that does not prevent a fatal truck accident?
A: In my opinion, these regulations, along with the other major tax increases, forced govt healthcare, and increases in costs of fuel, food, etc., that these are crushing regulations,that will force many drivers out of work, and their replacements will be younger, with less experience, and still be forced to find ways of making up for diminishing income when weighted against costs of living.
Q: Are these rules ripe for fraud and misrepresentation? After all, who can really know whether a trucker is taking a break or actually resting / sleeping?
A: Based upon where this is headed, the rules appear to have the effect of making reasonable people into criminals. It appears that is what the government is actually seeking. Control over your very body by use of taxpayer funded administrative agencies. It could be argued that once the government regulates when you can sleep, it will only be a matter of time before it can regulate how much they will be able to pay your doctor for care they are providing, or whether an adult gets precedence over a child in receiving a transplant, who is more, or less valuable to society, etc. So the answer to the question is more of a question back to the questioner. Is it moral and right that the servants who are supposed to be “bound by the chains of the constitution“, are now rapidly becoming our masters? No one can guarantee that the sleep of the trucker will happen, that it will be a good rest, etc. It is all the writings of intellectual bureaucrats who “know better” than us little people that actually make the economy work. Our forefathers rebelled against their tyrannical king for less.
Q: How will these regulations effect pending and future tractor trailer, semi and 18 wheeler truck accident lawsuits for wrongful Death ( fatal truck accident) and or serious personal injury?
A: It will be just one more thing we can argue when we want to be able to argue presumptive negligence and the judgeis willing to give the instruction. (Read more about negligence per se here.)
Q: Is truck driver fatigue a major cause of big rig Accidents worthy of the feds issuing regulations.
A: It is one of many factors that lead to trucking related mishaps and collisions. The regulations as written and enforced will probably hurt the economy further, definitely cause the costs of end use goods to go up, due to increased costs of compliance, and force truckers to use forced down time to work an additional job, or cook their logs, just so they can stay working and eating without going on food stamps and welfare.
Q: Should The Department of Transportation’s truck rules have been more stringent or addressed other trucking safety issues such as mechanical inspections, distracted driving or drug / alcohol testing.
A: They are allalready very very strict. The costs of compliance has already driven upconsumer prices. Truckers are even using the brakes on the shipper’s towed trailers, instead of their rig front brakes, in order to save on brake maintenance. They are also using tire carving and other unsafe techniques tosave money they lost due to fees, taxes and compliance.
Q: Will Personal injury and Truck Accident Attorneys generally be in favor of these Large Truck Safety Rules?
A: Most definitely, single issue lawyers will love these regulations. This is a boon to the personal injury profession, and to government employee unions. This creates a whole new class of government compliance workers within the DOT, and gives us PI lawyers one more tool in our toolbox to get compensation for legitimately injured victims.
(If you were injured in a Truck, 18 Wheeler, Big Rig or SEMI Accident, fatal truck accident in Rhode Island Please contact East Providence Injury attorney David Slepkow 401-437-1100)
• “Over the same time period, the number of large trucks involved in fatal crashes has declined by 4 percent, and the vehicle involvement rate for large trucks in fatal crashes has declined by 47 percent.” http://www.fmcsa.dot.gov/
The driver of a tractor trailer in Rhode Island is operating a gigantic piece of machinery that can be over 60 feet long and weigh up to 80,000 pounds. It has large blind spots, it’s not very maneuverable, and the heavier the load that’s being carried, the more stopping distances are increased. When a tractor-trailer or a big rig / semi truck impacts with a passenger vehicle, the chances of catastrophic injuries or fatalities increase significantly. That’s why special laws govern tractor-trailer drivers and truck accident.
The standard of care in a RI truck accident|
The general rule is that the driver of a tractor-trailer or big rig has a duty to use ordinary care and caution for the safety of others on the roadway. That rule remains the same in winter weather involving rain, sleet, snow or ice storms. That’s because bad weather isn’t an excuse for a trucking and 18 wheeler accidents in RI.
The bad weather standard of care
Bad weather is specifically addressed in section 392.14 of the Federal Motor Carrier Safety Regulations. The ordinary care standard is replaced by an “extreme caution” standard when “hazardous conditions exist.” This is Exhibit “A” why you should not hire a local estate planning lawyer or a contract attorney to handle complex trucking wreck litigation in Providence Superior Court. These local lawyers will be in way over their heads,very quickly.
§ 392.14: Hazardous conditions; extreme caution.
“Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.” https://www.fmcsa.dot.gov/regulations/title49/section/392.14 Citation: [33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995]
What’s extreme caution in hazardous conditions?
Hazardous conditions arise when it’s raining, snowing or icy. It’s recommended that when it’s raining, tractor-trailer drivers should reduce their speed by at least 30 percent. If snow is packing on the roadway, they should reduce their speed by at least 50 percent and if it’s icy, they’re to pull off the road and stop as soon as it’s safe to do that.
Because of their massive weight, wet, snowy or icy roads make tractor-trailers even more difficult to stop. If a driver is fatigued, reaction time increases. Slippery conditions decrease maneuverability, and high winds reduce control. They can literally blow a truck over.
Tractor-trailer crashes involve complicated federal and state regulations and statutes mixed with complex litigation strategies. Victims of tractor-trailer crashes in Rhode Island are inundated with enormous bills, lost earnings, pain, suffering, loss of normal life and likely permanent disability. Their lives, family and personal relationships are changed forever.
Remember that the state and federal tractor-trailer safety laws have been enacted for the benefit of you and your family. If you or a person close to you is involved in a tractor-trailer or RI truck crash, don’t give the insurer on the other side a statement. You’re not required to in nearly all cases, and in one way or another, it’s going to be used against you sometime in the future.
Contact a Rhode Island truck accident lawyer or truck accident attorney in RI as soon as possible after the trucking collision. We’ll protect your right to fair and just compensation. A Rhode Island personal injury attorney with experience in RI trucking crash litigation in Providence Superior Court will help you get the compensation you deserve for the semi-truck mishap.
In the event of a fatal truck collision in Rhode Island and Providence Plantations then your RI personal injury lawyer or truck accident lawyer will also need to be an experienced Providence wrongful death attorney.
Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys or a Rhode island truck accident lawyer for principle responsibility