2011 April Archive

FMCSA Proposes Rule to Require Electronic On-Board Recorders on Commercial Vehicles to Monitor Driving Hours

By Cullan & Cullan on April 20, 2011 - No comments

Earlier this year, the Federal Motor Carrier Safety Administration (FMCSA) proposed regulations that would require bus and commercial truck companies to install electronic on-board recorders (EOBRs) that would monitor their drivers to be sure they were in compliance with hours-of-service (HOS) regulations. EOBRs are devices that are installed in commercial vehicles that record automatically the number of hours a driver spends operating their vehicle. While some carriers already have installed the devices in their vehicles, if the regulations are passed, it would affect about 500,000 carriers.

The proposed rule would also alleviate commercial vehicle drivers from needing to carry certain documents for HOS regulations, such as toll and delivery receipts, which are used to confirm the total number of hours a driver spends operating their vehicle. Only interstate commercial vehicle carriers that use Records of Duty logbooks (RODs) to document their drivers’ HOS would be required to install EOBRs. Short-haul commercial vehicle carriers that use timecards to keep track of hours-of-service would not be required to install EOBRs.

If the regulations are passed, commercial vehicle carriers that violate the requirement for EOBRs would face penalties of up to $11,000 for each incident. Failure to comply with the regulations would negatively impact the safety rating of a carrier as well as DOT operating authority.

While HOS regulations are intended to prevent commercial truck drivers from spending too many hours behind the wheel, unfortunately, many trucking companies and/or their drivers overlook these rules either to complete deliveries on-time, ahead of schedule, or to make more deliveries. When this occurs, all motorists, bicyclists, pedestrians, and others on the road are at great risk of being involved in a fatigued driving-related accident.

At Cullan & Cullan, our Nebraska big rig crash attorneys have successfully assisted many victims who have been injured due to a truck driver’s negligence. As both physicians and attorneys, we understand the burdens that are placed upon a family when a loved one is recovering from a serious injury. If you or a loved one has been injured in an accident you believe was caused by a negligent truck driver, contact our law offices today. We can help you understand the legal options available to you in order for you to receive the compensation you deserve. Call 1-402-397-7600 to learn more today.



Interstate 80 Six-Vehicle Accident Caused by Drunk Semi-Truck Driver Sends Five to Hospital

By Cullan & Cullan on April 6, 2011 - No comments

The Lincoln Journal Star reports a semi-truck driver was arrested on suspicion of drunk driving after he was involved in a recent multi-vehicle accident that sent five people to a local hospital. However, he has been released from jail after posting bail, and charges have yet to be filed.

According to the Nebraska State Patrol, the truck driver rear-ended a pickup truck on Interstate 80 close to the 27th Street interchange in Lincoln shortly after 8 p.m. Both the semi-truck and the pickup truck crashed into the highway’s center barrier, where a light pole was knocked across the eastbound lanes of traffic. Neither the semi-truck driver nor the pickup driver, a 19-year-old from York, were injured in the Interstate 80 Nebraska truck accident.

The collision prompted others; a Ford Explorer carrying an Omaha family of four struck the light pole, overcorrected, and then rolled. One passenger in the Explorer was ejected from the vehicle and suffered serious but non-life-threatening injuries. It is not known whether he was wearing a seat belt. The driver of the Explorer and two other passengers, both juveniles, also required hospitalization, although their injuries were not reported to be serious. Three additional vehicles were involved in the Nebraska truck crash, including a van carrying three girls and a woman from Council Bluffs; a semi-cab driven by a man from Wisconsin; and a passenger vehicle containing a man from North Platte and a woman from Lincoln. The Lincoln woman was the only person in those vehicles who required hospitalization. Her injuries are reported to be minor.

In 2009, the National Highway Traffic Safety Administration reported large truck drivers accounted for approximately 2 percent of drivers involved in fatal accidents that had a blood alcohol content (BAC) level of .08 percent or higher. While this number is relatively low, it is alarming to think of an impaired truck driver operating an 80,000 pound vehicle in such a reckless manner. When a trucker drives negligently, all motorists, bicyclists, pedestrians, and others on the road are put in great danger.

At Cullan & Cullan, our Nebraska truck crash attorneys understand the burdens placed on a family when a loved one is injured in an accident caused by truck driver’s negligence. Not only are we experienced and skilled lawyers, we are also physicians, which gives us a unique perspective on personal injury cases. If you or a loved one has been injured in a truck accident in Nebraska that was due to someone else’s negligent actions, call 1-402-397-7600 to learn how we can help.