Articles Posted in hours of service

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nevada train crash.jpgA tractor-trailer driver slammed his big rig into the side of an AmTrak train at a public crossing in a rural Nevada town on Friday. The collision ripped several of the train cars apart and caused a terrible fire. The LA Times reported at least 6 people, including the truck driver, were killed and scores were injured.

The passenger train was traveling from Chicago to California at the time of the crash. Two of the passengers on the train were from Wilmington, North Carolina. Grandfather Jay Peterson and his grandson Chris Lachance planned for their train journey to be a great summer adventure – destined for a toy train convention – but it was full of more excitement than they expected. The two North Carolina citizens stayed calm during the disaster and provided much needed help and aid to those who were injured.
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truck accident avoid.jpgWith over 5,000 people dying in truck crashes each year on our nation’s highways, it is important for every driver to understand all of the ways to avoid being involved in such a collision.

1. Stay Out Of The Truck’s Blind Spots – If you are sharing the road with a commercial motor vehicle such as a tractor-trailer, either trail behind the truck at a safe distance or pass it quickly. Do not ride along beside the truck! Most crashes between cars and trucks occur when a truck changes lanes and collides with a passenger vehicle. Don’t get caught in the blind spot.

2. Leave Yourself An Escape Zone – When passing a tractor-trailer, you should always plan on the truck coming over on you in your lane. If you plan for such an emergency, then you will be prepared in the event it happens and have a plan for what to do. The most important thing to plan for is where to move your car. For example, if you are passing a large truck on an interstate highway, do not attempt to pass while you are crossing a bridge. Why? Because there is no where to move your vehicle in the event a truck comes over into your lane. Instead, wait until you have an open stretch of highway with a wide shoulder before you start your passing maneuver.
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DOT Worker KilledI-40 Truck 1 6-2-10.jpgA distracted tractor-trailer driver ran-over and killed a North Carolina Department Of Transportation (NC DOT) worker on Tuesday morning. The crash occurred as several NC DOT workers were beginning to place Work Zone signs and cones in preparation for a lane closure on I-40 West in Duplin County. North Carolina DOT was closing the lane so that workers could perform maintenance on a bridge at the intersection of NC Highway 24 and I-40 West. This is a rural area where Interstate 40 is straight and level, and the line of sight for approaching drivers is at least one-half (1/2) mile. Click here for 27 photos taken at the scene.

ABC News Channel 11 (WBTV) out of Raleigh dispatched a helicopter and crew to the scene and obtained areal footage of the crash site:


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weigh station.jpgA lack of manpower in the North Carolina State Highway Patrol Motor Carrier Enforcement Section means that many tractor trailer trucks are running illegally on North Carolina roads and highways.

North Carolina currently ranks sixth (6th) in the nation for truck accidents. This staggering statistic is certainly related to the fact that so many trucks and their drivers are operating outside of the law. In 2009, more than 50 percent (50%) of the tractor trailers inspected in North Carolina had serious safety and/or equipment violations. Of those found to be in violation, more than twelve percent (12%) were in such bad shape that they were shut down and

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Doug Harrell.jpgOn October 13, 2005, a young man road his bicycle on the side of a rural North Carolina highway from his cousin’s house back to his own home. At the same time, a truck driver had been driving his tractor trailer for 23 hours in a row and was heading back to the truck terminal. As the trucker came up from behind the bicyclist at 73 mph, he didn’t see the bicycle or rider until the last second. The collision killed the young man on the bicycle, and then the truck company cover-up began. Because of the cover-up, no criminal charges were filed, but a relative decided to go under-cover and work for the truck company. The hidden evidence he discovered became the foundation of a wrongful death lawsuit.

Channel 11 ABC Eyewitness News (WTVD) decided to run a feature story about this case because of the disturbing evidence Truck Accident Attorney Brian Davis discovered during the litigation of this case. Click on the below window to view the ABC News Video and see how greed and big business drove one North Carolina truck company to ignore the law and the safety of the general public.


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Pate-Dawson Co.gifToday, a senior producer from a regional television station contacted me about Truck Safety in North Carolina. She started the conversation off by noting how many recent tractor-trailer accidents appear to be the result of either truck driver fatigue or unsafe truck equipment.

The producer told me that she was working on an upcoming program that will focus on truck safety and how some truck driver’s and truck company’s failure to be safe have seriously injured or killed North Carolina citizens. She wanted to know if I had any former clients whom I thought would be willing to be interviewed for her news article. One case immediately popped into my mind. The case was against a motor carrier called the Pate-Dawson Company.

One evening a few years ago on a dark rural highway outside of Goldsboro, NC, a tractor-trailer truck owned by restaurant food distributor Pate-Dawson Company ran over a young boy on a bicycle. At the time, the boy was riding his bicycle on the side of a two lane road outside of Goldsboro. The tractor-trailer came up from behind and ran him over.

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truck crash in KY.jpgA Charlotte tractor-trailer driver, Arthur A. Davis, 44, has been charged with 2 counts of reckless homicide arising out of a crash that he caused on Tuesday morning in Kentucky at the intersection of US Hwy 460 and Kentucky State Road 1499. Authorities in Pike County, Kentucky are holding Davis under a $2 Million bond. In addition to the homicide charges, Davis faces charges that he had No Operators License, No Commercial Motor Vehicle License, a Driver’s Daily Log that was Not Up To Date, and a Radar Detector In A Commercial Motor Vehicle. These are all serious violations of the Federal Motor Carrier Safety Regulations.

Seven minutes prior to the truck crash, several other truck drivers heard Davis asking on his CB radio if there were any big hills in the area because his brakes were not working well. At the time of the wreck, the truck driver was hauling several mini-excavators and other heavy equipment. As Davis went down a steep hill, he lost control of his big rig, swerved to avoid hitting a building, and struck 2 men who were part of a tree trimming crew. Both pedestrians were killed by the run-a-way truck.

Investigators found that the reckless truck driver had 10 different brakes on his vehicle, but 5 out of the 10 brakes were not working at all, and 2 of the remainder were not working properly. To operate a commercial motor vehicle when one knows that the truck’s brakes are not working correctly is reprehensible, and this truck driver should go to jail for a long time for his grossly negligent and recklessly indifferent conduct. If this truck driver was driving for a company, then the company’s management should also face criminal charges for their complicity in failing to keep this driver off the road. In several similar truck cases we have handled, we have been successful in convincing the US Attorney’s Office to pursue criminal charges against the management of the truck company. That should happen in this case.

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KY truck crash.jpgA truck driver crossed the median on I-65 in Kentucky early this morning and struck a church van head-on. At least 11 people are known to have died as a result. A Kentucky State Trooper reported that 2 children survived the crash. The truck driver also died in the collision, and his truck was burned beyond recognition. The people in the van were on their way to a wedding in Iowa.

The National Transportation Safety Board has already dispatched a team of investigators to the scene to try and find out how and why the crash occurred.Since the truck driver did not survive the crash, it is unlikely that authorities will ever truly know why the crash happened. In most instances where a truck unexpectedly crosses into the oncoming lanes, and particularly in crashes that happen early in the morning or late at night, the truck driver is usually fatigued and/or sleeping.

The Federal Motor Carrier Safety Regulations (FMCSR) require truck companies to monitor their truck driver’s hours of driving and of being on duty. Truck drivers are also required to keep an hourly log of their time in what is called a Driver’s Daily Log. As I have discussed in prior posts, in the cases where we represent the victims of truck crashes, we often find that the truck driver was over the legal number of hours at the time of the crash.

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clark02_large.jpgA Kentucky truck driver crashed his tractor-trailer in the early morning hours on North Carolina Highway 52 South in the town of Pilot Mountain, just north of Winston-Salem. The truck was hauling bundles of tobacco to a cigarette manufacturing plant in Winston-Salem.

A spokesman for the North Carolina Highway Patrol said that the driver of the truck apparently ran off the road around 2 a.m., causing the truck to overturn. The truck driver, Jeff Board of Sanford, KY, was not wearing his seatbelt and was partially ejected from the tractor. EMS transported Mr. Board to Wake Forest University Baptist Medical Center. His treating doctors said that he was now in stable condition. They do not know when he will be released.

Single vehicle crashes like this one, involving tractor-trailers in the middle of the night, are often the result of the driver falling asleep at the wheel. Truck drivers are required by federal law to keep a detailed log of the time they spend driving, resting, and being on duty but not driving. The federal rules also limit the number of hours that drivers can work. At Davis Law Group, we often discover that the truck driver in a truck crash case was driving more hours than the law allows. Truck driver fatigue often leads to deadly consequences for innocent North Carolina citizens. More than 750 people are killed each year from truck driver fatigue, and more than 20,000 are seriously injured. Thankfully, this driver will live to drive again, and no other vehicles were involved.
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