February 1, 2008

Truck Accident Shows Importance of Maintenance

Our neighbors in Georgia bore the brunt of a South Carolina company’s mistake on Jan. 24, when bad brake maintenance caused an avoidable accident in Effingham County. According to an article in the Savannah Morning News, a tractor-trailer that belonged to Smith Logging of Grays tried to stop for a stop sign and discovered that his brakes were not working. Rather than yielding the right of way as intended, the truck, which was fully loaded with logs, slid into the intersection and hit a van belonging to Effingham County, Ga. Fortunately, nobody involved was seriously hurt; two of the van’s passengers sustained minor injuries. A fire and rescue worker was quoted in the article expressing surprise that nobody was killed.

According to the article, the logging truck’s driver will likely be cited for failing to maintain the vehicle. That may sound minor, but it’s an important penalty, because statistics from the federal Department of Transportation show that shoddy vehicle maintenance is a critical cause in 10% of all large-truck crashes. The department’s Large Truck Crash Causation Study found that vehicle failures caused about 8,000 crashes involving large trucks -- and brake failure alone was responsible for approximately 1,000 crashes. When you include failures that mislead other drivers, like missing headlights, those numbers may grow even bigger. In fact, brake-related problems, including but not limited to failures, contributed to 29% of all truck accidents, according to the study -- the largest single contributing factor. In that light, trucking companies and truck owners must be held strictly responsible for maintaining their brakes and other essential truck equipment. Lives are in the balance.

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October 5, 2007

Bike Injury Incurs Punitive Damages For Defendant

When a 45-year-old biker was hit and injured by a tractor-trailer on a highway, he didn’t take his injuries lying down. Refusing to balk at a fractured hand, rib, and leg, lower back hematoma, a lacerated liver, traumatic brain injury and a separated shoulder, Pernanza Hill bravely endured multiple surgeries and the loss of his income as a septic tank laborer. And then he fought back, filing a negligence lawsuit against the tractor-trailer’s owner.

Hill claimed that the truck’s driver had driven too fast, losing control of the vehicle and negligently causing Hill’s injuries. Though the defendant, USA Truck, Inc., denied any fault, plaintiff was able to convince a jury that he had not darted into traffic as claimed with the help of several eyewitnesses. The jury, taking into consideration the nearly $170,000 of medical costs, future lost earnings of $250,000 plus, and the painful emotional trauma of the plaintiff’s bike injury, decided in favor of Hill. They awarded $3 million, including $1 million in punitive damages.

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