Articles Posted in Tractor-trailer Truck Accidents

Truck underride guards have been required by the U.S. government on large trucks over 10,000 pounds since 1998. These steel fixtures are supposed to keep drivers who strike large trucks from the rear from becoming lodged underneath the tractor-trailer, which often results in catastrophic personal injuries to those in the passenger vehicle. trucksontheroad

The guards that are in place have been shown to drive down the number of truck accident injuries and fatalities. Still, there is research to suggest they aren’t as safe as they could be. For example, tests conducted by the Insurance Institute for Highway Safety (IIHS) in 2013 revealed the guards did not withstand certain minimum strength tests and they were only effective when passenger vehicles struck them straight-on – not at an angle.

The IIHS and others have been petitioning the National Highway Traffic Safety Administration (NHTSA) for some time now to institute tougher truck underride guard standards.Last year, the agency finally released a notice of proposed rulemaking to upgrade truck and trailer underride crash protection. In the meantime, those who have suffered as a result of inadequate truck underride guards have taken to the courts.  Continue reading

Exclusive remedy provisions of North Carolina’s workers’ compensation law prevent injured workers or their families from pursuing litigation against employers for almost all work site accidents. However, third-party liability litigation may be appropriate if another person or entity was at least partially responsible for what happened. sad

This was the allegation in the case of Fleming v. Sanders Lead Co., an appeal before the Alabama Supreme Court.

Tragically, one worker was killed and another severely and permanently brain-damaged when a tanker trailer on the back of a semi-truck backed over them while they were at work. The families of the workers filed lawsuits – one for wrongful death and another for personal injury – on their behalf, alleging that a lead company across the street undertook safety inspections at the work site, and failed in this duty to adequately carry them out.  Continue reading

The North Carolina Court of Appeals made it clear in a recent ruling: Absent a contract delegating sidewalk maintenance, it’s up to the local city or town to make sure these public walkways are safe.crackedconcrete

The decision was handed down in in the case of Steele v. City of Durham, which involved a trip-and-fall accident about 2.5 hours east of Greensboro, outside of Raleigh. The city had argued firstly that it wasn’t responsible for sidewalk maintenance on that particular strip and secondly that plaintiff was contributorily negligent. While in other jurisdictions, contributory negligence would simply reduce the amount of damages a plaintiff could collect, in North Carolina, it bars the claim entirely.

But the appeals court discredited both of the city’s claims, reversing an earlier trial court decision to grant summary judgment in favor of the city. The case has been remanded for trial.  Continue reading

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