In 2015, the National Highway Traffic Safety Administration put forth a Notice of Proposed Rule Making. NHTSA announced it wants to change the Federal Motor Vehicle Safety Standards to impose stricter rules for rear underride guards.  NHTSA’s proposal came after more than a decade of Insurance Institute for Highway Safety (IIHS) recommending a tougher rule to help prevent deadly truck accidents.  Underride accidents happen when cars slide under the back or the side of a tractor trailer. Serious injuries and fatalities are common in these crashes.

While it is good news that NHTSA may soon be imposing stricter underride standards, this action has come too late to save many lives. It is one more example of how safety regulators often take far too long to act, increasing the risk of truck crashes and other types of accidents on the road. Consumer Affairs recently reported on how safety organizations, including an organization called AnnaLeaha and Mary for Truck Safety, believe regulators are falling short.

Federal Lawmakers Should Impose Stricter Safety Regulations to Prevent Truck Crashes & Other Collisions

AnnaLeaha and Mary for Truck Safety is named after two sisters who were killed in an accident with a semi-trailer. The parents of the girls believe an absence of sufficient federal regulations were a direct contributing factor to their children’s death. The girls died in an underride accident with a truck driver who was believed to have been on the road too long. If stricter underride standards had been in place at the time of the incident, the deadly accident may never have happened.

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Davis, Davis, Davis & Davis, PC 35 E Court St Rocky Mt, VA 24151 Phone: (866) 434-1581 Local: (540) 483-5221 Fax: (540) 483-8234
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Trucking safety laws aim to prevent truck collisions in Southwestern Florida from occurring. The Federal Motor Carrier Safety Administration (FMCSA) passes Federal Motor Carrier Safety Regulations (FMCSRs) aimed at reducing the chances of dangerous behaviors which cause truck accidents.  States can also pass their own trucking safety laws to impose stricter rules than federal laws, if they wish to do so.

At least states have this authority to do this right now. Richmond Times Dispatch indicates states may soon no longer be able to impose additional rules related to trucker meal breaks or to trucker rest breaks which go beyond the rules which exist on the federal level. This is because a provision has quietly found its way into a federal aviation bill which would pre-empt state law and prevent states from giving more protections to truckers when it comes to guaranteed breaks.  This provision is one of several recent efforts by federal lawmakers which appear to have the effect of undermining trucking safety.

Federal Laws Increasing the Risk of Truck Accidents

In December of 2014, the Consolidated and Further Continuing Appropriations Act passed and was signed into law. This Act was essentially a must pass act to keep the government funded and operational. Because it was must-pass legislation, lawmakers were able to put provisions into it which they wanted to get passed quietly, which might not have passed if the individual provision had come up separately for a vote. One of the clauses included suspended a requirement which had been issued by FMCSA. The requirement had mandated a 34-hour rest break, with two periods spanning the hours between 1 AM and 5 AM. This break would be required after a trucker had driven 60 hours over seven days or 70 hours over eight days.

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Farrow & Pulice Attorneys at Law Sarasota Office 3665 Bee Ridge Rd #106 Sarasota, FL 34233 (941) 313-8642
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Trucking safety laws aim to prevent truck collisions in Southwestern Florida from occurring. The Federal Motor Carrier Safety Administration (FMCSA) passes Federal Motor Carrier Safety Regulations (FMCSRs) aimed at reducing the chances of dangerous behaviors which cause truck accidents.  States can also pass their own trucking safety laws to impose stricter rules than federal laws, if they wish to do so.

At least states have this authority to do this right now. Richmond Times Dispatch indicates states may soon no longer be able to impose additional rules related to trucker meal breaks or to trucker rest breaks which go beyond the rules which exist on the federal level. This is because a provision has quietly found its way into a federal aviation bill which would pre-empt state law and prevent states from giving more protections to truckers when it comes to guaranteed breaks.  This provision is one of several recent efforts by federal lawmakers which appear to have the effect of undermining trucking safety.

Federal Laws Increasing the Risk of Truck Accidents

In December of 2014, the Consolidated and Further Continuing Appropriations Act passed and was signed into law. This Act was essentially a must pass act to keep the government funded and operational. Because it was must-pass legislation, lawmakers were able to put provisions into it which they wanted to get passed quietly, which might not have passed if the individual provision had come up separately for a vote. One of the clauses included suspended a requirement which had been issued by FMCSA. The requirement had mandated a 34-hour rest break, with two periods spanning the hours between 1 AM and 5 AM. This break would be required after a trucker had driven 60 hours over seven days or 70 hours over eight days.

Read more…

Farrow & Pulice Attorneys at Law Port Charlotte Office 1777 Tamiami Trail #304 Port Charlotte, FL 33948 (941) 467-3752
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Snowmobile Accidents Cause Injury, Death, Lawsuits

Maybe it’s because snowmobiles are also known as recreational vehicles. Whatever the reason, many snowmobile operators do not take their responsibilities seriously whenever they mount their sleds to take a ride, leading too often to serious injuries, fatalities and accident lawsuits in Maine courts over their reckless behavior.

Experienced accident lawyers say they see many parallels between snowmobile accidents along the state’s 13,000 miles of signed trails and highway crashes involving automobiles, trucks, motorcycles and other vehicles.

Amongst the most common factors throughout all motor vehicle accident lawsuits is a driver’s unreasonable rate of speed. Just like some motorcyclists, many Maine snowmobile drivers feel they have to feed their “need for speed” See : accident lawyer – the experience of the wind whipping over their bodies. Nonetheless, the circumstances of riding a snowmobile – speeding along a slippery surface of snow or ice with limited braking ability – make it necessary to use extreme caution. The failure to use common sense and exercise defensive driving skills can change even a routine ride on the trails into a high-speed trip to a court date with a Maine snowmobile accident attorney.

Similarly, Maine snowmobile accident lawsuits often follow crashes involving a drunk driver whose thoughtless behavior is the cause of life-changing injuries or fatalities. The blood-alcohol limit for a snowmobile driver, like other motorists, is .08. Within the carefree playing field of snowmobiling, numerous people are in clubs that organize group trips with rest stops at local bars. A drink or two at each stop impairs judgment and slows the reaction time of even experienced snowmobile operators. Operating in a group with riders who drink also poses dangers, including increasing the probability of crashing with another impaired driver and raising the chances of injuries as a result of being caught up in mimicking their high-speed, careless behavior.

One more danger cited by Maine accident lawyers is that consuming alcohol accelerates a lowering of body temperature. In addition to the frigid outdoor environment, the operator runs the possible risk of hypothermia, which also impairs a driver’s judgment.

Poor judgment extends beyond driving behavior, Maine snowmobile accident attorneys note. Every winter, lives are lost and snowmobile accident lawsuits are filed when operators foolishly ignore the perils associated with traveling across ice. The thickness and strength of ice may range widely on rivers, streams, lakes and ponds. Snow often creates a blanket that prevents the formation of thick, strong ice. Even a well-worn trail across water can give the false impression of safety if previous travelers have weakened the ice.

A Maine snowmobile accident lawyer knows that responsible operators can have the ability to protect themselves, their passengers and innocent bystanders by adhering to a few simple rules. Safety equipment, including a helmet with a visor or a set of protective goggles, as well as layers of water-repellent clothing, is necessary. So is carrying a first-aid kid which includes a flashlight, knife, compass, map and waterproof matches.

And don’t ever, Maine attorneys say, travel alone. There’s nothing more dangerous to the life and safety of a snowmobiler than being injured without fellow riders available to provide or seek medical assistance.

When someone has been injured or lost somebody as a result of snowmobile driver who ignores practical sense when operating a 500-pound machine, they ought to contact a Maine snowmobile accident lawyer who possesses expertise in protecting their legal rights and pursuing fair financial compensation.

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