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December 13, 2010

How To Avoid A Truck Accident In Asheville

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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August 27, 2010

North Carolina Tractor-Trailer Driver Faces Lengthy Sentence For U-Turn

NC Truck Driver U-turn.jpgA North Carolina tractor-trailer driver is in jail in Jefferson County Wisconsin for making an illegal u-turn that caused a motorcyclist to crash into the side of the big rig and die.

Jeremy M. Pearce, 39 of Henderson, N.C., was charged with homicide by negligent operation of a motor vehicle following the crash he caused on Highway 16 near Hustisford Road in the town of Ixonia on August 16, 2010 at 1:10p.m. Pearce originally denied to investigators that he was trying to make a u-turn and claimed he was only trying to make a left hand turn on Hustisford Road, but investigators felt a u-turn was in progress given the location of the tractor trailer after the crash - it was parked across Highway 16.

When investigators interviewed Pearce a second time, he admitted that he was making a u-turn at the time of the deadly collision. He also acknowledged that it was against the rules of his truck company to make such a maneuver.

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July 9, 2010

Cary, NC Motorcyclist Killed By Hit & Run Tractor-Trailer Driver

Cary Motorcyclist Killed by Hit & Run TT.jpgThursday evening, around 7 pm on I-85 southbound near Henderson, NC, a tractor-trailer driven by Michael Gray Rigsbee, 38, struck a motorcyclist. The impact near mile marker 220 caused Sean Christopher Newman, of Cary, to lose control of his motorcycle and crash into the median. The severe impact instantly and tragically killed Newman. Unbelievably, the truck driver did not stop after the collision.

North Carolina State Highway Patrol Troopers caught up with the criminal truck driver approximately 20 miles further down the interstate. State Troopers charged the truck driver with 2nd degree murder, careless and reckless driving, and felony hit & run. The truck driver is currently behind bars in the Vance County Jail under a $120,000 bond. Let's hope he stays there.

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March 31, 2010

Charlotte Truck Driver Charged With Reckless Homicide In KY Crash

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.

This is a pure tragedy because this wreck was totally preventable. Truck drivers and the companies they haul for are required to inspect the brakes on a tractor trailer before the start of each trip. If there is a problem with the brakes, then the trucker is not supposed to start the trip. The repairs are supposed to be completed first. End of story. But unfortunately, some truck companies force their drivers to operate unsafe tractor trailers because in many instances, the truck company's philosophy is "profits over safety." In the industry, these are known as "forced trips," because the company tells the driver to either drive the truck as it is or lose their job. This philosophy is one of the reasons why there are so many unnecessary truck crashes.

The Association of Plaintiffs Interstate Truck Lawyers of America (APITLA) has, as its goal, to eliminate unsafe and illegal interstate trucking practices. If you or a loved one have been seriously injured in a collision with a tractor-trailer, then you should immediately consult with an experienced interstate truck lawyer. Attorney Brian Davis is a National Advisory Board Member of APITLA.

February 7, 2010

Sylva, NC Good Samaritans Killed By Negligent Truck Driver

truck crashes in snow.JPGA Sylva, North Carolina man and his son were killed by a negligent truck driver on Friday while trying to help a stranded motorist in Virginia.

Early Friday morning, around 12:30a.m., a passenger car spun out on a snow slick Interestate 81 near mile marker 58 in Wythe County, Virginia. The car came to rest in the left hand lane of the two northbound lanes. William Edward Smith Sr., 54, of Sylva, N.C., pulled his Dodge Caravan over onto the right hand shoulder and stopped so that his son could render aid to the stranded driver. As William Edward Smith, Jr., 25, of Mooresburg, Tenn. began making his way toward the stranded vehicle, a tractor-trailer driver lost control of his big rig and started jackknifing toward the minivan. The tractor trailer crashed into the minivan and then ran over the younger Mr. Smith. Both father and son were killed.

At the time of the crash, it was snowing quite hard and the road was white. The truck driver caused the collision because he violated several Federal Motor Carrier Safety Regulations. These safety rules require truck drivers to exercise extreme caution when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. If the roads become dangerous, the rules require the truck driver to stop driving. If the truck driver had followed the rules, then these two courageous men would still be alive.

Virginia State Police Trooper H.D. Mooney has not completed his investigation of this crash. Charges against the truck driver are pending.

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