Kansas City, MO Motor Vehicle Accidents Blog | Humphrey, Farrington & McClain, P.C.

Proposed new federal registration system could improve accountability of trucking companies

2011-10-27T17:31:18Z

A proposed new federal regulation - 49 CFR 385.306 - could have a significant impact on the trucking industry and the motoring public, especially those who have been injured in a trucking accident.

It is relatively easy to start up a business in the trucking industry. It's also easy to shut a company down and then to reopen it under a new name and DOT number. This is one way that unscrupulous trucking company owners evade responsibility and hide bad safety records. It makes it difficult for injured people to pursue justice and compensation.

There are currently four identification and registrations systems. The Federal Motor Carrier Safety Administration (FMCSA) proposes to create a unified registration system that requires an applicant registering a new business to disclose related companies and individuals. Any safety violations and outstanding orders to cease operation found against those related companies will be linked to the new company in the FMCSA database.

]]> If the company provides false information on its registration application, its registration will be revoked. And the FMCSA would no longer transfer operating authority from one owner to another.

Companies would need to register in the new system and then update their information every two years. The new system would make information more accessible to the public, which would help in the investigation of legal claims against the trucking company.

The FMCSA hopes that the new system will prevent "chameleon" truck companies from operating. If a trucking company owner shuts down to evade paying on a claim, they cannot reopen a new company with impunity.

It will be at least two years before the final rule is issued and the new registration system is implemented.

Source: "FMCSA makes move to prevent operation of chameleon carriers, bus companies," TheTrucker.com, 10/26/11.

NTSB Wants Truckers to Hang Up and Drive

2011-10-14T18:31:45Z

In the wake of several horrible accidents, the National Transportation Safety Board (NTSB) is recommending that all 50 states and the Federal Motor Carrier Safety Administration (FMCSA) ban truckers and other commercial drivers from using cell phones while operating vehicles, including hands-free devices.

NTSB is a federal agency charged with investigating highway accidents and promoting highway safety, but it cannot create law and it does not have the power to change current laws. The NTSB gathers information on highway safety and recommends safety enhancements to the federal government and to state legislatures.

NTSB's proposal encourages states and the FMCSA to ban cell phone use for trucks and all other commercial drivers. This ban would include the use of hands-free devices, texting and other cell phone messaging functions. NTSB's proposal comes in the wake of a major investigation it completed into a multiple-fatality trucking crash in which a trucker was using his cell phone when he caused the deadly truck accident.

]]> Eleven Killed in Deadly Kentucky Trucking Accident

The truck crash in Kentucky involved 45-year-old trucker Kenneth Laymon, an Alabama native, and a wedding party of 12 people traveling in a van.

After investigating the truck accident scene, the NTSB concluded that Laymon had been on the cell phone and lost control of his truck at the time of the truck accident. He made the mistake of slamming on his brakes instead of steering out of the median. Laymon's truck crossed into oncoming traffic on the other side of the highway and smashed head-on into the wedding party's van. Laymon and 10 people in the van were killed. Two young children strapped in safety seats were the only survivors of the trucking accident.

According to investigators, Laymon was distracted by his cell phone and this was the main cause of the crash. The report did site fatigue and road conditions as contributing factors as well.

The American Trucking Association says that it supports a texting and cell phone ban. But a spokeman for ATA said the group "takes no position" for hand-held devices as studies have not shown a decrease in truck accidents in states that have enacted bans on hands-free devices.

Source: NTSB wants complete ban on cell phone use for truckers and other commercial drivers, Syracuse.com, 9/14/11

Trucking Industry Lobbies Against FMCSA's Proposed HOS Rules

2011-10-04T17:32:18Z

The Federal Motor Carrier Safety Administration is charged with regulating commercial vehicles on U.S. roads and highways. Over the past several months, the FMCSA has proposed a number of new rules that affect the trucking industry, including new guidelines on hours-of-service (HOS) - the number of hours any commercial trucker can be behind the wheel without a required rest break. While many have welcomed the federal agency's recommendations, the trucking industry may have finally drawn a clear line in the sand.

On September 2, 2011, the American Trucking Associations sent a letter to the Office of Information and Regulatory Affairs at the Office of Management and Budget. In its letter, the ATA applauded the federal government's efforts and successes in promoting highway safety, but noted that current proposals - most specifically those related to HOS - would be detrimental to the nation's commercial carrier drivers and to the trucking industry as a whole.

The ATA reports that finalizing the proposed change in required duty hours would result in lost wages for drivers, lost productivity, and increased costs to the industry. In support of its request, the trucking industry leader noted that under current rules, American roadways are safer and that compliance with current rules is a contributing factor.

]]> FMCSA Argues That HOS Rules Will Make Nation's Roads Safer

While the ATA's argument has merit, the FMCSA proposed new HOS rules to increase highway safety and reduce the risk for dangerous trucking accidents. In proposing the HOS rule change, the FMCSA considered the findings presented at the 2010 Operation Safe Driver annual meeting. At that meeting, truck safety stakeholders learned that 5.4 percent of over 30,000 commercial carrier inspections resulted in truckerss being taken out of service because they were violating existing HOS regulations. Driver fatigue has been the culprit in many truck accidents that have cause catastrophic injuries and deaths.

In addition to the Operation Safe Driver information, the FMCSA considered comments from a number of organizations, including the Insurance Institute for Highway Safety. In its letter regarding a number of proposed changes relative to duty hours, the IIHS pointed to the widespread rule violations by drivers and their companies, and driver fatigue.

Representing only a small percentage of vehicles on the road, commercial carriers are linked to a disproportionate number of traffic crashes. Reducing these crashes requires common sense and proactive measures. The FMCSA rules regarding truckers and vehicle operation time may be the key, but without the support from the trucking industry, the federal government may find creating and enforcing new regulations a nightmare.

Source: ATA Asks Obama Administration to Reconsider HOS Rules, Truckinginfo.com, 9/7/11

Lawmakers Push Bill for Bigger Big-Rigs on Nation's Highways

2011-09-26T13:19:54Z

Lawmakers in both houses introduced bills this spring that would put much larger commercial vehicles on our nation's roads and highways. The legislation, known as the Safe and Efficient Transportation Act, was proposed in the U.S. Senate as Senate Bill 747. Similar legislation was introduced in the U.S. House as House Resolution 763.

We discussed this bill in our blog in May, and, according to the most recent information on the website of the Library of Congress, it is still awaiting action by committees in both chambers of Congress. The bills aims to allow states to permit trucks of up to 97,000 pounds and a total of six axles to travel within the state on federal highways.

Currently, commercial vehicles loads are not permitted to exceed 80,000 pounds for trucks travelling on federal highways.

]]> Trucking industry lobbyists are united in support of the bill, but many doubt whether it will pass during this congressional session. Trucking industry groups like the Coalition for Transportation Productivity have argued that some states already permit larger trucks on state highways, but federal highways within the same state are off-limits. Trucking industry lobbyists have urged members of Congress to consider studies like that of the Maine Department of Transportation, which found that commercial vehicles over 80,000 pounds can safely travel on Maine's roads and highways.

Bigger Semi Trucks, Larger Risk to Passenger Car Occupants

Public safety experts have objected to the plan to add a larger class of commercial vehicles to the nation's highways. The sheriff of Oklahoma County told the Enid News and Eagle that he objects to super-size semis on Oklahoma roads. He says that the simple fact is that larger commercial vehicles create a greater risk to the travelling public, and that nearly three in ten of Oklahoma's roads and bridges is currently rated as "structurally deficient" or in need of "major repairs or replacement."

Large trucks do present a danger to occupants of passenger vehicles - three out of four fatalities caused in a truck accident were passengers in the other vehicle. In fact, over 3,000 people were killed in truck accidents and another 74,000 were injured in truck accidents in the U.S. in 2009. According to statistics gathered by the Missouri Department of Transportation in an annual report on transportation safety, 68 people were killed tractor-trailer accidents on Missouri roads in 2009. Almost 6,000 Missouri motor vehicle accidents involved trucks, tractor-trailers and other large commercial vehicles in 2009.

Trucking accident victims and their family members should contact experienced trucking accident attorneys at Humphrey, Farrington & McClain to discuss their legal options.

Source: CTP to Congress: Analysis of Maine bridges supports heavier trucks, CCJDigital.com, 9/6/11

Company Shows Off New Truck Safety Technology to Lawmakers

2011-09-20T20:15:57Z

Technology is rapidly transforming our world. Hospitals now propose smart programs that will help diagnose illness and treatment for patients. Smartphones offer GPS, scheduling and web surfing options. Smart cars can navigate and park themselves. Now, the commercial carrier industry is about to experience the same sea change in safety protocols. On September 14, 2011, Bendix Commercial Vehicle Systems and Bendix Spicer Foundation Brake LLC, offered our nation's lawmakers a demonstration of a line of advanced safety and fuel-saving technologies.

Bendix develops and supplies various safety technologies for medium and heavy duty trucks, tractors, trailers, buses, and other commercial vehicles.This past September, the company offered its newest line of products, which mitigate loss of control, rollover accidents, and rear-end collisions. Among the Bendix offerings are a full-stability system, an active cruise with braking system, a lane departure warning system, a vision base alert system, and a data collection method for driver performance.

]]> New Trucking Technologies May Reduce Catastrophic Trucking Accidents

Many truck accidents are due to human or mechanical fault. Drivers who are impaired or fatigued create great risks to other vehicles on the road. Overloaded trailers and faulty operating equipment increase risk for major crashes and injuries. New technologies can tackle these problems.

For example, Bendix' active cruise with braking system helps drivers maintain safe following distances. Through the use of warnings and active braking, the system reduces the risk of rear-end collisions. Other technologies are designed to improve data collection and reduce rollover risks.

These systems may be welcomed innovations that the trucking industry needs as the federal government has instituted a number of new regulations affecting commercial carriers. The trucking industry faces stricter compliance regarding driver behaviors, record keeping and vehicle operation with the CSA 2010 rules and proposed hours-of-service rule changes this year.

In 2009, 3,600 people died and 93,000 were injured in truck-related crashes. Many of these losses could have been avoided. Technology can make highway safety an easier goal, but absolute reliance on systems and mechanisms should never replace common sense solutions such as driver training, public education, and awareness.

Source: Bendix to Hold Safety Technology Demo in Washington, D.C., Truckinginfo.com, 9/12/11

Latest Truck Crash Stats Show that Truck Underride Accidents Present Serious Risk

2011-09-13T13:28:56Z

The National Highway Traffic Safety Administration (NHTSA) recently prepared fact sheets on large truck traffic safety for 2009 and it's clear from the statistics that large-truck rear-end collisions and truck under-rides are a serious concern. According to NHTSA's research, large trucks have a 400-percent higher risk of being struck in a fatal rear-end collision that involves another vehicle. While the dangers to both the passenger driver and the trucker are obvious, the occupants of a motor vehicle that strikes a tractor-trailer in the rear are serious.

A truck underride accident occurs when part of one vehicle is forced under another vehicle involved in the accident. Because the vehicle that underrides another vehicle, such as a tractor trailer or large commercial vehicle, can be crushed or sheared, occupants in the vehicle face significant risk of injury. Older research indicates that the Fatal Accident Reporting System (FARS) run by NHTSA may significantly underestimate the number of underride accidents involving large trucks and passenger vehicles.

]]> Insurance Institute for Highway Safety Finds Underride Guards Inadequate

Last year, the Insurance Institute for Highway Safety evaluated the effectiveness of underride guards that were mandated by federal law in 1998. The IIHS research on truck accident crash data since the underride guards were mandated revealed that serious underride accidents involving fatalities and serious personal injuries were still occurring. The IIHS then completed its own crash test of underrides and discovered that performance varied significantly between the three manufacturers with underride guards in the study.

More seriously, the IIHS crash tests showed that some underrides failed at speeds as low as 35 miles per hour - passenger cars were forced under tractor trailers even at moderate speeds.

In light of the study, the IIHS is advocating to raise the minimum standard for underride guards. It also advocates to require underride guards in the front and sides of large commercial vehicles - underride guards are only mandated for the rear of large trucks, but four out of five truck collisions with another motor vehicle involved a front or side impact.

Until crashworthy underride guards are mandated on all sides of tractor-trailers travelling U.S. highways, occupants of other motor vehicles on the road face serious risks from truck underride accidents.

Traffic Safety Facts 2009 Data, NHTSA

Congress Debates Proposal to Raise Trucking Weight Limit

2011-05-23T13:20:59Z

A bill has been proposed that, if passed, would allow states to increase large trucks' maximum weight limit from the current limit of 80,000 lbs to 97,000 lbs. The trucking industry is divided over the controversial bill, which would increase productivity but decrease highway safety and stiffen competition between trucking companies.

The bill, sponsored by Congressman Mike Michaud, D-Maine, would require truckers who opt to haul the heavier loads to install an extra axle and extra braking mechanism to their rig.

]]> The proposed heavier limit is the norm in Canada, Mexico and Europe.

A competing bill, sponsored by Senator Frank Lautenber, D-New Jersey, would keep weight limits as is.

The Missouri Department of Transportation is opposed to the bill on the basis that the heavier trucks could cause an increased amount of damage to Missouri highways. The MoDOT has said that they will only support the bill if the federal government also allots extra funds for states for road maintenance.

Many smaller trucking companies oppose the bill because they will not be able to afford the retrofitting of trucks with the required extra axle, an estimated cost of over $5,000 per vehicle. The small companies are afraid they won't be able to compete with larger companies if they are able to haul more freight.

Consumer safety groups are concerned that the bill would increase trucking accidents and fatalities on the highways. Though supporters of the bill will cite the recent drop in nationwide truck related fatalities (down to 3,200 in 2009 from 5,200 in 2005), many are against the bill for safety reasons.

Tom Crawford, president of the Missouri Truckers Association, claims the industry has thought of the potential risks of heavier loads and has tested the braking efficiency of the trucks with the extra axle and heavier load.

"It actually results in a safer stopping distance," claims Crawford.

According to the MoDOT's 2009 Accident Statistics Report there were a total of 3,698 crashes involving large trucks in Missouri. These crashes resulted in 45 fatalities and 1,072 injuries.

HOS Proposed Rule Changes Spark Debate

2011-04-26T15:12:27Z

In December, the Federal Motor Carrier Safety Administration (FMCSA) of the U.S. Department of Transportation (DOT), proposed a revision to the hours-of-service (HOS) requirement currently in effect for commercial truck drivers. The proposed change would reduce the number of hours commercial drivers are allowed to drive in certain circumstances.

]]> The purpose behind the new rule is to ensure that drivers are alert and well-rested in order to avoid crashes, improving safety on the roads. However, a bipartisan group of legislators, as well as the trucking industry, is against the proposed changes.

One of the major changes that will impact many in the industry regards restarts. Currently, drivers must wait 34 hours before getting back behind the wheel and resetting their weekly hours limits. If the new rule changes go into effect, that 34-hour stretch must include two 12 a.m. - 6 a.m. time periods. Officials want to reduce the amount of fatigued truck drivers on the road.

Not everyone is in favor of the changes. A group of 122 representatives believe the current rules are sufficient, pointing out in a letter to Secretary Ray LaHood that since the current HOS were put in place seven years ago, safety in the trucking industry has actually improved.

Officials are trying to find a way to address fatal trucking accidents. The number of these accidents seems to have levelled off. This has led to a renewed focus on safety, with tougher rules in place in an effort to again reduce the number of serious accidents occurring on roadways.

DOT advises that violation of the proposed HOS rule would result in individual civil fines for drivers of up to $2,750, while companies that allow its drivers to exceed the new limits would face up to $11,000 for each offense.

American Trucking Association Supports Banning Hand-Held Cell Phones

2011-04-15T18:22:40Z

New legislation proposed by the Federal Motor Carrier Safety Administration (FCMSA) that would ban mobile phones for commercial truck drivers has garnered support from an unlikely place - the drivers themselves. The American Trucking Association (ATA) has given its support to the proposed regulations with one caveat - it does not support banning the use of non-emergency hands-free phoning while behind the wheel.

]]> The ATA certainly recognizes the importance of not having commercial vehicle drivers distracted by hand-held mobile phones behind the wheel, so they wholeheartedly support that portion of the ban, as well as current regulations banning the use of text messaging phones and e-mail while operating a vehicle. Their concern with the legislation is that it goes too far by:

Banning drivers from initiating or carrying-on non-emergency conversations behind the wheel even if they are using a hands-free mobile device
Preventing drivers from reaching for a hand-held or hands-free mobile device while the vehicle is in motion

ATA spokesman and president Jim Johnston states that legislation banning the use of even hands-free mobile devices behind the wheel - as well as prohibitions banning even reaching for mobile devices while operating the vehicle - is illogical given the fact that drivers are legally able to use CB radios and mp3 music players. He also argues the role that commercial driver distraction has in motor vehicle accident, citing recent research performed at the Transportation Institute at Virginia Tech which found that merely talking on a mobile phone does not significantly increase the risk of a crash.

Operation Safe Driver Catches Numerous Speeders

2011-04-12T18:21:11Z

Launched in 2007, Operation Safe Driver (OSD) Week is an initiative developed to combat the staggering number of deaths related to commercial truck, bus and passenger vehicle crashes. An international effort, the OSD campaign involves the efforts of various stakeholders, including the Commercial Vehicle Safety Alliance (CVSA) and the Federal Motor Carrier Safety Administration (FMCSA), the automotive and trucking industries, and state, provincial and local law enforcement. With the help of this and other traffic safety initiatives, the National Highway Traffic Safety Administration has reported a reduction in traffic fatalities and injuries; however, at the end of 2010, the CVSA reported some alarming findings.

]]> Data collected during the fourth annual OSD meeting, in October 2010, revealed that law enforcement made 53,000 passenger and commercial driver stops during the year's campaign. For these stops, law enforcement issued warnings for speeding to approximately 20 percent of commercial motor vehicle (CMV) drivers as compared to over 61 percent of passenger car drivers. Of the other two major traffic issues-failure to obey traffic control devices and failing to use seat belts-passenger car drivers were issued more warnings than CMV operators. As for citations, CMV operators still had issues with speeding, failure to obey traffic control devices and failing to use seat belts. As for seat belt citations, OSD revealed increased non-compliance from 2009 to 2010.

The CVSA-a non-profit organization with a mission of promoting commercial motor vehicle safety and security, provides leadership to enforcement, industry and policy makers-has promoted the OSD as well as other safety programs. While the group focuses on issues involving commercial vehicles, the OSD initiative considers the behavior of drivers that share our nation's highways. Data from the previous year, 2009, showed declines in out-of-service violations for commercial vehicles, and an increase in traffic warnings and citations to all drivers.

In the past, this traffic safety initiative focused on risky driving conduct, heightened law enforcement in high crash corridors and heightened monitoring of aggressive drivers. While educational programs have enhanced this program, drivers have continued to disregard basic safety considerations. Given the significant drop in crash related injuries and deaths, the CVSA and its partners may have to develop new methods to reduce the number of truck accidents and educate all classes of operators about the impact of their unsafe driving behaviors.

Bus and Truck Accident in Mississippi Kills One

2011-04-01T17:41:21Z

A school bus collided with a semi in Mississippi earlier today, killing a ten-year old student and sending several other victims to area hospitals. Details are still being released, but initial reports indicate that the fatal truck accident happened at the Bolivar County intersection of Mississippi Highway 450 and U.S. Highway 61 at about 7:20 a.m. Mississippi time.

]]> The bus involved belongs to the Shaw School District for Bolivar County Schools, which was transporting students to school. The truck is operated by Southeast Gravel Company of Star City, Arkansas. The cause of the accident is under investigation, although photos from the scene show that each of the vehicles ended up on its side. Traffic along U.S. Highway 61 needed to be rerouted to allow rescue personnel to aid those in need of assistance.

At least one victim was airlifted due to head trauma. Information regarding the condition of other victims is still unknown at this time. Mississippi Department of Public Safety spokesman Jon Kalahar stated that at least ten people were injured in the crash. Officials are just beginning their investigation into the accident and will release more information as it develops.

This is the second fatal crash between a bus and semi in Mississippi this year. The first crash happened near Calhoun City in February along Mississippi Highway 8. Three people were killed and 17 more were injured when a semi sideswiped the bus, causing the bus to crash head-on with a second semi.

Tractor-Trailer School Bus Wreck in Rural Mississippi Claims At Least Three Victims

2011-02-08T23:49:58Z

Up To 60 Injuries Reported

The AP and CBS News are reporting that three people were killed when a tractor-trailer collided with a school bus in rural Mississippi. The tractor-trailer wreck occurred near the intersection of Mississippi Highway 8 and Highway 9 in rural Calhoun County near Calhoun City about 120 miles from Jackson, Mississippi.

The students are from Ackerman High School, located in Choctaw County, and were travelling home from the University of Mississippi in Oxford on a college admissions visit.

Three known fatalities, including the driver of the semi, have been reported. A Choctaw County Sheriff's Deputy has confirmed that the two other dead are the school bus driver and a teacher on the school bus.

The WCBI-TV affiliate has reported that up to 60 people were injured in the wreck. One person has been airlifted to Northeast Mississippi Medical Center in Tupelo, Mississippi, while ten injured students were taken to local hospitals. The status of these victims is not known at this time, but the other injured passengers are not known to have life-threatening injuries.

]]> Early Reports Say that Truck Driver May Have Had Health Emergency

The cause of the trucking accident has not been determined. Local newspaperman Joel McNeece was at the scene and he told CBS Radio News that the trucker may have had a medical event that caused the head-on collision of the semi and the school bus. McNeece suggested the trucker had a heart attack, which caused the trucking accident.

Other reports indicate that two school buses may have been travelling together and were both struck by the tractor-trailer. Investigators are on the scene trying to determine the cause of the tractor-trailer school bus accident.

School Bus, Truck Collision Kills 3, Injures 60

A Common Sleep Disorder Could Mean Disaster for Commercial Truckers

2010-12-09T15:06:30Z

Data recently released by Dr. Allan Pack - director of the University of Pennsylvania's Sleep Center - reveals that nearly 30 percent of all commercial truck drivers suffer from some form of obstructive sleep apnea. This condition, which occurs when the soft tissue of the throat collapses onto the airway, blocking airflow during sleep, results in periods when the body isn't bringing in any oxygen.

Depending on the severity of the sleep apnea, it is possible to have dozens of these interruptions of air intake in a single night. When the brain is without oxygen during these periods, it is forced into a more active state. The sleep debt leads to chronic fatigue, daytime sleepiness and slowed reaction times that mimic those produced by alcohol or drug intoxication. It also increases the risks for high blood pressure, cardiac arrest, congestive heart failure, depression, memory problems, headaches, mood swings, abuse of stimulant drugs, gastroesophageal reflux disease (GERD) and other serious health conditions.

]]> Risk Factors for Sleep Apnea

Commercial trucking, especially long-haul trucking, has been primarily a job held by men. Because of the sedentary nature of the job, commercial drivers tend to be overweight. These two factors alone - being a male and carrying some extra pounds - greatly increase the risk of developing sleep apnea. Other sleep apnea risk factors include:

Extra weight, particularly around the chest and neck
A neck circumference greater than 17 inches
Hypertension (high blood pressure)
Narrow airways - including airway reductions caused by a congenitally narrowed air passage or enflamed tonsils or adenoids that swell
Being a male
Being older
Family history of apnea
Being a smoker
Having a sedentary job
Preexisting heart conditions

Mandatory Screening for Truckers?

Sleep apnea is widely seen as one of the most frequently missed medical diagnoses in our country. Some experts estimate that nearly 10 percent of the adult population may be afflicted with either obstructive or central sleep apnea, and the vast majority of those are unaware of their condition, instead assuming that conditions like chronic fatigue and sleepiness are caused by something else.

This misassumption can be fatal for commercial drivers and for those on the road with them, however, especially since up to a third of injury-causing accidents are due to truck driver fatigue. That is why some, including officials at the National Transportation Safety Board (NTSB) and the Federal Motor Carrier Safety Administration (FMCSA), recommend that some form of sleep testing or sleep apnea screening should be a part of a truck driver's annual physical.

Diagnosing sleep apnea and treating it promptly is vital. In the case of commercial drivers, however, it could also be vital to protecting the lives of the drivers themselves and fellow motorists alike.

Obesity Linked To Dangerous Sleep Apnea In Truck Drivers, Science Daily

Big-Rig Rear-Ends School Bus Near Port Barre, Louisiana

2010-12-03T21:04:41Z

Wreck is Similar to Fatal Crash in Gray Summit Earlier This Year

Although an alert school bus driver attempted to avoid a serious accident, a semi-tractor trailer rear-ended the school bus early Friday morning on U.S. 190 near Port Barre, Louisiana.

According to reports by WAFB, the CBS affiliate, the school bus had made a planned stop to pick up children when the crash occurred. The school bus driver had activated the stop-arm and red safety lights while the children boarded the bus. The semi-driver rear-ended the bus as the school bus pulled away from the stop. The school bus driver apparently tried to pull off the road to avoid the collision.

]]> Twenty-One Children Sent to Hospitals; Three Critical

According to reports by KATC, 21 children were sent to local hospitals and three remain in critical condition. Both elementary and high school children were on the bus at the time of the wreck.

The school bus driver from St. Landry and the tractor-trailer driver from Dallas, Texas, both received minor injuries.

KATC affiliate reported that the Louisiana State Police Troop I was on the scene investigating and the State Police issued a press release Friday afternoon indicating that charges are pending awaiting the results of toxicology samples at the Louisiana State Police Crime Lab. The exact cause of the trucking accident is not yet known.

This school bus-semi wreck is similar to the school bus-semi collision that occurred near Gray Summit, Missouri, earlier this year. In that case, two children were killed and more than 50 were injured when a school bus that was stopped waiting for traffic in a construction zone was rear-ended by a big-rig. Read more about the Gray Summit accident at the Humphrey, Farrington & McClain trucking accident blog.

If your child has been injured in a school bus, or you or a loved one was injured in a trucking accident, contact an experienced trucking accident lawyer for legal help.

Charges Pending in School Bus Crash, KATC.com

DOT Changes Drug Tests for Truckers

2010-11-16T18:22:50Z

With so many 18-wheelers on the road, many state and federal regulations are in place to make sure that those behind the wheel are safe drivers. Despite all of the regulations, drug use by truckers is still a major problem, even if a majority of truckers do not use drugs while driving. Truckers are on the road for long stretches of time, and face tight deadlines, leading some drivers to jeopardize the safety of others by using illegal drugs. Knowing that truck accidents can cause serious injuries or even death, drug use by truck drivers is the focus of recent rule changes by the Department of Transportation.

Implemented Changes by DOT

The new rules, which went into effect in October 2010, will now require testing for additional drugs previously not part of DOT testing. Truckers will now be screened for amphetamines such as MDMA, MDA, and MDEA, as well as 6-AM. The 6-AM test examines the driver for the presence of heroin.

]]> In addition to testing for more drugs, the rules also lowered levels that would trigger a positive test for cocaine and amphetamines. According to DOT statistics, there were 14,000 positive tests for amphetamines/methamphetamines, and 13,000 for cocaine in 2009. Examining reports and data from previous tests indicate that the rule changes could raise positive test results by roughly 30 percent.

The DOT made these changes to make their testing requirements uniform with drug testing protocols in place at the Department of Health and Human Services. HHS sets standards for workplace testing, and the DOT has incorporated similar standards in the past. The DOT may make further changes or use additional testing procedures, if it is determined that the HHS rules do not go far enough in the testing of drivers.

Impact on Safety

The rule changes have a serious impact on truck drivers. By testing for more drugs and lowering the necessary levels for positive tests, it is expected that the number of drivers testing positive for illegal drug use will increase. Reports indicate that these drugs are becoming more prevalent in the U.S., and the federal government wants to incorporate tougher standards before the problem gets out of hand. Removal of drivers who are under the influence will make roadways safer, cutting down the number of serious truck accidents that occur and prevent injuries and fatalities among the traveling public.

DOT to Post Changes in Drug Testing