Sharing the Road With 18-Wheelers: Safety Tips for the New Year

When tractor-trailers and cars collide in fatal accidents, 98 percent of deaths occur in the cars.

To start the New Year right, here’s a list of safe driving tips for motorists who share the road daily with 80,000-pound semi trucks. It comes to you from the Minnesota truck accident lawyers at Pritzker | Ruohonen & Associates with credit to safety experts at the Centers for Disease Control and Prevention in Atlanta:

• Don’t cut in front of large trucks. The big rigs take much longer to stop, compared to cars.
• The proper technique to pass a large truck is to accelerate slightly and maintain a consistent speed.  Before you pull in front of the truck, make sure you can see the entire cab in your rear-view mirror before signaling and changing lanes.
• Trucks have blind spots on both sides and the rear. Avoid driving in a blind spot by making sure you can see the driver in his mirrors.  If you can’t see the driver, the driver can’t see you.
• Be careful of trucks making wide right turns. Serious accidents can result when cars get caught in a squeeze. Especially in urban areas, pay attention to truck turn signals and don’t get caught where the driver can’t see you.
• Always wear your seat belt. It’s the best way to minimize injury when you are in an accident, especially with a large truck.

If you or someone you know is injured in a truck accident, contact the Minnesota semi truck accident lawyers at Pritzker | Ruohonen. Truck accident litigation is expensive and our firm has the resources and expertise to handle your case with success.

Driver Medical Certificates Will be Added to Driver License Data

Minnesota and all other states have three years to comply with a new federal rule designed to get medically unfit truck drivers off the road by implementing an improved record-keeping system.

The rule, which aims to reduce the number of large truck accidents on U.S. roads, was made final in December by the Federal Motor Carrier Safety Administration (FMCSA) after years of complaints that unfit drivers subject to physical qualification requirements were using phony medical examiner certificates. There was no electronic database to check the validity of the certificates.

Under the new rule, drivers will be required to provide current medical examiner certificates to their state driver licensing agency. The agencies will be required to record the information in the universal commercial driver license information system.

The rule stems from recommendations made by the National Transportation Safety Board (NTSB)  in response to a motor coach accident in 1999 that killed 22 in New Orleans. In that case, the NTSB said the driver was holding a medical certificate and driver’s license saying he was fit to drive even though he suffered life-threatening kidney and heart conditions.  A passenger told investigators the driver slumped in his seat moments before the crash.

In addition, the Associated Press has reported that seizures, heart attacks or unconscious spells by drivers have been a critical factor in thousands of serious truck accidents.

According to a 2008 study by the U.S. Government Accountability Office, hundreds of thousands of drivers were operating trucks and buses  even though they had qualified for federal medical disability payments. A separate study by the House Transportation and Infrastructure Committee found that fabricated medical certificates are easy for truckers to obtain. The risk of getting caught is slim because there are barely any attempts by anyone to authenticate the documents, the committee found.

According to the National Highway Traffic Safety Administration, one of nine traffic fatalities in the U.S. in 2007 resulted from a collision involving a large truck. Of 413,000 traffic accidents involving a large truck in that year, 4,584 involved at least one fatality. In total, 4,808 people died and 101,000 were seriously injured in the truck accidents.

If you or a family member has been injured in an accident involving a truck, contact a Minnesota accident lawyer at the Minnesota law firm of Pritzker | Ruohonen & Associates by clicking here.

Feds Toughen Safety Requirements for New Entrants

Newly registered trucking companies in Minnesota and elsewhere will have to meet more stringent safety standards to pass an initial safety audit or face losing registration with the Federal Motor Carrier Safety Administration (FMSCA).

The agency announced the new rule in mid-December. If you have been in a truck accident, contact a Minnesota truck accident lawyer.

The new rule at FMSCA  is aimed to “help new carriers succeed at establishing and maintaining a comprehensive safety management program,” said FMCSA Administrator John H. Hill.

He said that imposing these new tougher standards will ensure that new entrants are fully aware and compliant with federal safety regulations aiding in the continued reduction of highway crashes and fatalities.

Under the rule, a newly registered trucking or bus company will automatically fail its safety audit if it violates any one of 16 essential federal regulations during the 18-month monitoring period.  Included in these areas are drug and alcohol testing, hours of service, driver qualification, vehicle condition and carrier financial responsibility. Truck liability and insurance is part of a trucking company’s responsibility.

FMCSA said it will revoke a new carrier’s registration if a company fails the safety audit and does not take necessary corrective action by a deadline.

Minnesota Truck Accident Reports

Under Minnesota law (49 CFR, Part 390) an accident register must be maintained by trucking companies for 3 years after a Minnesota commercial truck accident occurs. The accident register must contain at the least a list of accidents with the following information for each accident:

• Date of accident;
• City or town and state in which, or most near, where the accident occurred;
• Driver name;
• Number of injuries;
• Number of fatalities; and
• Whether hazardous material, other than fuel spilled from the fuel tanks of motor vehicles involved in the accident, were released.

In addition to the accident register, copies of all accident reports required by the state or other governmental entities or insurers must be maintained.

If you have been in a Minnesota truck accident, please contact our Minneapolis, Minnesota law firm, Pritzker | Ruohonen & Associates, P.A. at 612-338-0202 or 1-888-377-8900 (toll-free).  Learn what to do after a truck accident and other truck accident information on our website.

Minnesota Trucking Company Drug and Alcohol Testing Records

One of the causes of Minnesota truck accidents is an intoxicated truck driver.  If you have been in an accident allegedly caused by an intoxicated truck driver, your Minnesota truck accident attorney should obtain copies of the trucking company’s drug and alcohol testing records.

Under Minnesota trucking law, each employer must maintain records of its alcohol misuse and controlled substances use prevention programs in a secure location with controlled access. The following records must be maintained for varying amounts of time:

• Records of alcohol test results indicating an alcohol concentration of 0.02 or greater;
• Records of verified positive controlled substances test results;
• Documentation of refusals to take required alcohol and/or controlled substances tests;
• Driver evaluation and referrals;
• Calibration documentation;
• Records related to the administration of the alcohol and controlled substances testing program;
• A copy of each annual calendar year summary if required by Minnesota Regulation 49 CFR 382.403;
• Random selection process records;
• Reasonable suspicion testing documentation;
• Post accident testing documentation;
• Medical explanation for a driver’s inability to provide adequate sample;
• Records of negative and cancelled controlled substances test results;
• Alcohol test results with a concentration of less than 0.02;
• All records related to the training and education of drivers, supervisors, breath alcohol technicians, and screening technicians;
• Employer’s testing policy; and
• Driver’s signed receipt for educational materials and policy received.

Pritzker | Ruohonen is a Minnesota law firm with a national reputation.  To contact a Minnesota truck accident lawyer at our law firm, please call 1-888-377-8900 (toll-free) or 612-338-0202.

Truck Maintenance Records

Poor maintenance of commercial trucks is one of the primary causes of truck accidents.  In a recent Minnesota case, a loose wheel fell off of a dump truck, hit another vehicle, and injured the driver, who was airlifted to a hospital.  This Minnesota dump truck wheel accident was probably caused by poor maintenance, and punitive damages may be appropriate.

Under Minnesota law, trucking companies must keep records on truck maintenance and inspections for vehicles controlled for 30 consecutive days or more. The files must be kept either where the vehicle is housed or maintained for a minimum of 1 year and for 6 months after the vehicle leaves a motor carrier’s control. The file must include:

• Vehicle identification including company number (if so marked), make, serial number, year, and tire size. If the vehicle is leased, the person furnishing the vehicle must be identified;
• Due date and type of inspections and maintenance operations to be performed;
• A record of inspections, repairs, and maintenance indicating their date and nature; and
• A record of tests conducted on push out windows, emergency doors, and emergency door marking lights on buses.

Periodic (annual) inspection reports must be retained for 14 months from the date of the inspection report. Evidence of inspector qualifications and qualifications of brake inspectors must be retained for the period that the person is employed in that capacity and 1 year thereafter. Daily vehicle inspection reports must be retained for at least 3 months from the date of the report.

To contact a Minnesota truck accident attorney at Pritzker | Ruohonen, please call 1-888-377-8900 (toll-free) or 612-338-0202.

Minnesota Truck Driver Records

Minnesota trucking companies must maintain records on truck drivers.  Records must be kept for as long as the driver is employed and for 3 years thereafter. The file must include:

• Driver’s application for employment;
• Driver’s medical examiner’s certificate (medical waiver if one has been granted);
• Driver’s road test and certificate of road test or legible photocopy of the driver’s commercial driver’s license;
• Record of response from past employers for past 3 years;
• Response from state agencies about driver’s driving record from past 3 years;
• Note on the carrier’s annual review of driving record, showing date and who performed the review;
• Driver’s listing of all his/her moving traffic violations for the past 12 months;  and
• Certain information on those drivers who are subject to controlled substance testing.

Intrastate carriers must maintain driver qualification files at their principal place of business unless otherwise authorized by the Minnesota Commissioner of Transportation.

If you have been in a truck accident, your Minnesota truck accident lawyer will take legal measures to secure copies of all records regarding the truck driver involved in the accident.