Articles Posted in Motor Vehicle Cases

This article in the Tennessean is a tragic reminder of how quickly a life can be lost as a result of carelessness.

A truck driver for Diamond Logistics fell asleep at the wheel, went into a parking lot at a local market, and killed one man and injured three others.

A review of the records of the driver and Diamond Logistics will reveal whether the trucker was in compliance with the law at the time he was driving and whether Diamond Logistics was aware of a pattern of deviations from the law, if any. We have had considerable success evaluating driver logs and other materials and proving a pattern and practice of unlawful driving leading to hazardous situations. Hopefully, someone will quickly get to the bottom of this situation and find out what happened in the days and weeks preceeding the wreck.

There is a new study out that maintains that relatively minor changes in highway design can say lives.

The study, by the Insurance Information Institute, explains that “urban roads ‘weren’t built to accommodate today’s heavy traffic. They’ve evolved as traffic has increased, and they haven’t always evolved in the best way to enhance safety and ensure a smooth flow of traffic.'” A news report about the study says that “the majority of traffic fatalities happen on rural roads, but safety experts say urban arteries remain dangerous. About 8,000 traffic fatalities and more than 1 million injuries occur annually on urban roads.”

The article gives several examples of how spending a relatively small amount of money can improve safety.

Good news. Overall, the Department of Transportation said alcohol-related fatalities fell 2.4 percent, from 17,105 in 2003 to 16,694 in 2004. 42,636 people died on the nation’s highways in 2004, down 248 – or 0.6 percent – from the previous year. Read a more complete summary of the data here.

There was some bad news. Motorcycle death rates increased for the seventh straight year. Rollover deaths also increased.

I would like to think that the tort system has contributed to a decline in the death rate. Highways and vehicles are safer in part because litigation has forced the issue with government agencies and manufacturers and brought problems to light. To be sure, consumer groups have also played a role in advocating for better roads and vehicles, but the tort system provides the economic incentive for people to do the right thing.

General Motors has been the leader in putting event data recorders, or so called “black boxes,” in its passenger vehicles. These devices record a vehicle’s speed, brake systems, seat belt status, and other information in the seconds before an airbag is deployed. Since 1990, GM has been progressively increasing the amount of information that the devices store. The National Highway Transportation Safety Administration published a paper analyzing GM’s event data recorders, including some great detail on the information stored in each variation of the devices and a technical explanation for how that information is recorded. Other manufacturers are following GM’s lead, so black box data can be an issue in any case involving a late model car.

So-called black boxes capture lots and lots of data of importance to lawyers in motor vehicle litigation. The information contained in these devices can literally make or break a case. In trucking cases, log books are now kept on computer by some trucking concerns.

This article talks about the fight in the trucking industry over these on-board data recorders, an issue coming to a head because the federal government may order that trucking logs be keep via computer rather than paper.

As one would expect, major resistance is coming from owner-operators. Many large trucking companies who insist that their drivers follow the law are already using on-board recording devices.

The most famous plaintiff in the history of Tennessee tort law is Harry Douglas McIntyre, of McIntyre v. Ballentine, 833 S.W.2d 52 (Tenn. 1992), fame. For those of you who are not from Tennessee, Mr. McIntyre was the gentleman whose case brought the law of comparative fault to Tennessee. The Tennessee Supreme Court decided his case on May 4, 1992.

The question for the day is this:

How many beers did Mr. McIntyre consume in the hours before his vehicle came into contact with a Peterbilt tractor driven by Mr. Ballentine?

My friend David Allen has sent word that the black box seminar mentioned in yesterday’s post has been postponed. He’s right.

I will let you know when it is re-scheduled.

Thanks David. You da’ man.

The ABA is hosting an interesting teleseminar on June 1, 2005. The seminar will address issues concerning automotive event data recorders. These devices are constantly capturing data in modern vehicles; the failure to understand what these devices can do to help or harm your cases could be devastating.

The United States Senate has heard testimony from the DOT Inspector General about the need for stronger deterrents to deter “egregious” hour-of-service violations in the absence of mandatory on-board data recording devices for over-the-road truckers. Tragically, the inspector said that some truckers view the current fines as just a cost of doing business. Read the article about the testimony here.

The Federal Motor Carrier Safety Administration has withdrawn a proposal to mandate placement of the devices on trucks, but courts have ordered a review of that decision.

There are many trucking companies that act responsibly. However, there are far too many that force drivers to driver over the mandatory limits of hours of service or who permit drivers to do so. After all, many truckers get paid by the mile, which means that if they are not moving they are not getting paid.