Memorial Day Weekend - Please Drive Carefully - Tennessee has had increase in Traffic Fatalities

On behalf of Daniel Clayton posted in Wrongful Death

Law enforcement in Tennessee is gearing up to crackdown on a number of different risky driving behaviors like distracted driving, drunk driving and not wearing a seatbelt. The hope is that the increased focus will help to combat the recent spike the state has seen in the number of motor vehicle related fatalities.

According to the director of the Governor’s Highway Safety Office in Nashville, the number of traffic fatalities for the first three months of the year is up 28 percent from the same time period in 2011. Specifically, there have already been 238 fatal motor vehicle accidents in 2012. Last year there were 186.

Broken down by numbers for this year, in January there were 67 fatalities, followed by 71 deaths in February and 100 motor vehicle fatalities last month.

When looking at why there has been an increase, one Tennessee sheriff said reasons could include the fact that weather turned warmer earlier this year, and the economy has also gotten better, which has led to people driving more.

In the past, law enforcement agencies throughout the state have only targeted one dangerous driving behavior at a time, like drunk driving or speeding. However, a recently approved demonstration project will allow officers and deputies to target a number of issues at the same time.

The project is with the National Highway Traffic Safety Administration and will go on for two years.

Officials are hopeful that participation in this demonstration project will lead to preventing injury and fatality causing accidents from even happening in the first place.

Source: The Commercial Appeal, “Rise in traffic fatalities fuels crackdown on traffic violations in Tennessee,” Kevin McKenzie, April 9, 2012

Tags: Car Accidents, Fatal Accidents, Trucking Accidents, Wrongful Death

posted in WRONGFUL DEATH | tagged CAR ACCIDENTS, FATAL ACCIDENTS, TRUCKING ACCIDENTS,WRONGFUL DEATH | LEAVE A COMMENT

Sleep Apnea and Commercial and Truck Drivers: A Deadly Combination

Posted by Daniel Clayton, www.DanielClaytonLaw.com in motor vehicle accidents

People who experience pauses during sleep could possibly have a life-threatening breathing disorder called sleep apnea. These breathing interruptions can occur up to 400 times a night and last for 10 seconds or more. It is difficult for people to recognize the symptoms of sleep apnea in themselves, so it often goes undiagnosed.
According to the Federal Motor Carrier Safety Administration (FMCSA), around 28 percent of commercial truck drivers may have obstructive sleep apnea, which is a scary combination. Around 17 percent have mild sleep apnea, while close to 6 percent have a moderate form and almost 5 percent have severe sleep apnea.
One study noted that drivers with untreated sleep apnea have a higher risk of being involved in a truck accident. The study also indicated that during a series of performance tests, drivers with untreated sleep apnea fared worse than those with higher than legal blood alcohol concentrations for commercial truckers. This research shows that for any commercial drivers with symptoms of sleep apnea, being on the road is a dangerous and potentially fatal situation.
Typical symptoms of sleep apnea are a combination of loud snoring, daytime fatigue, sleeping at odd times, memory difficulties, lack of focus, irritability and morning headaches. While sleep apnea can afflict men or women of any age, people who are overweight, smoke, drink alcohol, have large neck sizes or who are over 40-years-old are at an increased risk. Additionally, people with family members who have sleep apnea are more likely to develop it. After sleep apnea is diagnosed and treated, many commercial drivers can once again take to the road to perform their jobs safely.
For commercial truck drivers who suspect they may have sleep apnea, it is best to visit a qualified state medical examiner for a medical fitness evaluation. Many states have medical requirements for commercial drivers that include sleep apnea as a disqualifying condition when it is moderate to severe and prevents safe driving practices. Drivers with mild to moderate sleep apnea can undergo treatment, however, to requalify for their commercial driving licenses.
It is safer for both commercial truckers and others on the road if those operators with moderate to severe sleep apnea have limited driving privileges.
Source: “Sleep Apnea and Commercial Drivers,” Federal Motor Carrier Safety Administration

Tags: sleep apnea, truck accidents

Posted in Personal Injury|Tagged sleep apnea, truck accidents|Leave a comment

 

Driver Fatigue Responsbile for many Bus and Truck Accidents

On behalf of Daniel Clayton posted in Trucking Accidents

Several disturbing commercial bus accidents over the past several months have put the spotlight on federal regulations and industry practices in both the motor coach and commercial trucking industries. According to the National Transportation Safety Board (NTSB), studies show that between 13 and 31 percent of commercial bus and trucking accidents are caused by driver fatigue — and the industries’ economic models probably contribute directly to the problem.
Bus and trucking companies work to strict schedules, and those schedules often require overnight driving. According to sleep scientists, even experienced drivers with no other medical issues will always find it a challenge to stay awake on overnight runs — especially when driving between 4:00 and 6:00 a.m. when the body’s natural rhythms are urging us to sleep.
Added to that is a high rate of obesity and sleep apnea among commercial bus and truck drivers. Those medical issues can make it even harder for drivers to remain awake and alert in challenging conditions, according to transportation and public safety consultant Darrel Drobnich, who is an expert on driver fatigue.
“No matter how much sleep you have had, no matter how young you are, that time of day is extremely dangerous to drive a motor vehicle,” he explains.
Sleep scientists, labor leaders and safety advocates say that the motor coach and trucking industry policies result in far too many drivers on the road with too little rest
Federal regulations mandate a certain amount of rest for commercial drivers, although the rules vary between commercial truck drivers, bus drivers and others. For example, commercial truckers with Class A licenses are permitted to drive no longer than 11 hours before they must take a 10-hour break. The 11-hour driving period can be extended slightly if the driver takes off-duty breaks within the shift rather than driving straight through, but they can only be on duty for a total of 14 hours before they must go off duty.
Bus drivers are only allowed to drive for 10 hours before they must go off duty for 8 hours, but taking breaks can extend the total amount of time they are on duty. Even if their on-duty time isn’t extended, bus drivers can drive for 10 hours, take 8 hours off, and then drive for another 10 hours — meaning they can legally work two full 10-hour shifts in only 28 hours.
“The consequence is an entire industry populated by people not getting enough sleep,” said Larry Hanley, president of the Amalgamated Transit Union, which represents commercial bus drivers.
Of course, challenging schedules and tight profit margins do encourage some companies and drivers to ignore the rules. After bus or trucking accidents, it is often discovered that drivers were on the road for far longer than was legal — sometimes using false log books to deflect scrutiny.
The NTSB is urging the government to replace paper log books with electronic devices that keep track of how many hours drivers are actually on the road. Other proposals include mandating more frequent rest stops during shifts or even requiring a second driver in every truck.
Source: Associated Press, “Fatal Va. bus crash shines light on driver fatigue,” Joan Lowy, June 11, 2011

Tags: Bus Accidents, Causes of Trucking Accidents, Driver Fatigue, NTSB, Trucking Accidents

Posted in Truck Accidents|Tagged bus accidents, causes of trucking accidents, Driver Fatigue, Trucking Accidents|Leave a comment