A couple of weeks ago I spent some time discussing trucking accidents with my father-in-law.  He has over 25 years of experience driving commercial trucks for various companies in and outside of North Carolina.  He has even owned and operated his own commercial trucking business.  With 25 years of experience, he understand the ins and outs of the trucking and commercial freight industry.  We discussed some of the major causes of trucking accidents from a driver’s perspective.  Fortunately, my father-in-law, in his 25 years on the road, has never been involved in a major trucking accident.  Here’s a recount of what we discussed:

What do you think is the leading cause of trucking accidents?

To this question, my father-in-law, as expected, mentioned that other drivers (passenger car drivers) are a major cause of trucking accidents.  He simply stated that most drivers do not respect commercial trucks.  The first issue he brought up was stopping distance, blaming passenger car drivers for following too close or “cutting off” truck drivers.  My father-in-law cautioned that trucks carrying a “load” are more difficult to stop because “[they] are heavier”.  according to him, “People don’t realize that jumping in front of a truck is dangerous.  We are higher up and sometimes we have difficulty seeing small vehicles that dash in front of us unexpectedly.”  We talked about how often cars try to maneuver around trucks because of the truck’s slow acceleration.  To this he simply replied, “All the time.  All the time.”

What do truck drivers do to contribute to accidents?

He replied, “Fall asleep.  Many drivers try to push to meet delivery deadlines and reload.  That’s how we make money, but some drivers are just too tired to drive.”  I asked him if he thought this was the biggest problem.  He replied, “No. Sometimes we just don’t see cars.  We have mirrors, but if we’re not careful, that’s when we can run into problems.  I’d say that happens more than drivers falling asleep.  I always liked driving at night to avoid other drivers.  I think most of us who do long hauling prefer night driving.”

Some things that I have read say that lack of maintenance can lead to accidents.

“That’s with any vehicle on the road; not just trucks.  We have to keep our trucks road ready, but we can’t help some things that happen…like blowouts.”, he replied.

How have you avoided accidents throughout your career?

“Like I said, I try to drive at night; less traffic and headache.  I’ve been on the road so long, so I know just about how most people drive.  I anticipate being cutoff, pulled out in front of, and followed too closely.  People gotta remember, truck drivers don’t want to get into accidents.  It’s our life on the line, too.”, he responded.

Is there any place or state that you hate driving in/on?

He stated, “Hmm…I would have to say mountain roads.  They are steep, sometimes curvy, and sometimes it feels like you’re gonna fall right of the edge.  The worse thing is going down those steep mountain roads and experiencing brake failure.  I try to go slow and pray a lot.  Mountains are probably the most dangerous for me.  I try to avoid them if I can.”

Talking to my father-in-law, I got the sense that truck drivers are more frustrated with passenger car drivers who take risks and don’t understand the limits of a large commercial truck.  As an injury attorney, I caution passenger car drivers against anything that may put themselves and other drivers at risk.  Be mindful of the limits of large trucks; especially ones carry a load.  Our law offices are here to help in the case that you do have an accident involving a commercial truck at no fault of your on. The Law Office of Alesia M. Vick welcomes all North Carolina personal injury clients.

Earlier this week I had a personal injury consultation OR case evaluation with an individual who suffered minor injuries in an auto accident.  The facts of the accident were simple: an accident occured, this individual was not at fault, and he/she was also injured.  Within a few minutes, another fact relevant to any claims this individual had against the at fault party surfaced – - – TIME.  Not only was the individual the victim in an accident, he/she was also a victim of North Carolina’s statute of limitations.

The clock starts ticking the moment an accident takes place or an injury is discovered.  This is referred to as the statute of limitations.  A statute of limitations establishes a maximum time frame in which legal claims based on an accident or injury can be initiated.  This time limit varies from state to state.  In North Carolina, accident and injury victims need to be aware of the following:

Personal Injury & Negligence

• in general 3 years from act or discovery – NC GS Sect. 1-52

Medical Malpractice

• 3 years with discovery rule

Product Liability

• 2 years

Wrongful Death

• 2 years

I used the word “discovery” a few times.  In certain circumstances the injured party may not discover the injury within the time  limitation. The discovery rule is allowed in certain instances. Certain well-known medical malpractice cases in which the physician neglected to remove an internal bandage or left a surgical tool inside the victim fit this “discovery” rule.  If it can be determined that the injured party could not have reasonably known about the harm before discovery, the statute of limitations may be extended.

The circumstances and facts matter.  When it comes to personal injury claims, it truly is “a matter of time”.

If you’re driving through the Raleigh, Knightdale, or the Clayton area, you may notice cars with stickers that read “LNTL”.  There are hundreds of popular oval-shaped stickers in the area, but this one is different.  The “LNTL” stands for ”Live now. Text later.”   Last month I chose to support the start-up organization that produced the stickers.

I wanted to help promote a message that prevents auto accidents, injuries, and even death.  Texting while driving is unsafe.  It is also illegal in North Carolina.  In an earlier post I gave a “shout out” to a church that posted a sign that read, “Honk if you love Jesus - Text while driving if you want to meet him.” 

Texting while driving is not just a problem limited to teenaged drivers.  We all get busy and are tempted to text, read emails, or chat casually while driving.  Each of these activities is extremely dangerous, and have been called a new form of drunk driving.  Now that I am a part of the message against texting while driving, I am going to hold myself accountable.

You can read more about the free car stickers at http://www.LiveNowTextLater.com.

This type of accident is too tragic to ignore. 

Without knowing all the details, I am going to go out-on-a-limb and guess that the truck driver, like many others in motorcycle and passenger vehicle accidents, did not see the motorcyclist. 

This morning I caught word of the story on the WRAL.com website.  At around 8 AM, the story included very few details, and just stated that a commercial truck struck a motorcyclist and caused the rider to loose control.  Tragically, the truck driver didn’t stop.   The driver was pulled by highway patrol 20 miles south of the accident.  More details, including a photo of the truck driver, were added by 1:00 PM this afternoon. 

Motorist inattention or failure to recognize a motorcycle is the predominant cause of accidents involving a motorcycle. 

SHARE the ROAD!

Today’s motorcycle riders compete with more inattentive and distracted drivers than ever before.  It is far more dangerous to operate a motorcycle than in times past.  Bike designers can greatly improve rider comfort, bike stability, and safety features, but they cannot account for the millions of motorists on the highway that encounter motorcycles daily.

The truck driver, Michael Gray Rigsbee (38), now faces several charges, including second-degree murder.  Officials have clearly stated that he has been found at fault for this unfortunate trucking accident.

“Character is what you do (or who you are) when no one is watching”…so you think? 

I had to write my first “guest” post about the homeless man in El Paso, Texas who rescued a fallen American flag during a storm. I know that I am supposed to focus on personal injury, but what an AWESOME display of patriotism and character!  The fact is, no one would have known it was him…he would have never claimed responsibility or glory…BUT a surveillance camera captured him in the act.  I watched the video three times, because the story stirred up so many emotions for me.

He rescued the fallen flag in the middle of a severe storm; taking the time to properly fold and place it on a parked vehicle.  Afterwards, he retrieved the fallen flagpole and made his way back to his hidden away resting spot.

This man, Gustus Bozarth, is homeless; meaning he could be one who can be considered passed over by the “American Dream”. Regardless of his life’s circumstances, his CHARACTER was on display. I am not sure what situations landed Mr. Bozart in his current homeless state, but I am definitely a fan of a person that would regard the flag with such high esteem, even when his life reflects the very condition he fould the flag in – fallen, down, but still having worth.

“AIN’T THAT AMERICA…” John Mellencamp’s Pink Houses

Gus, you get the “gold star” for the day.  Thank you, Sir.

* Found out that I spelled the lastname incorrectly – updated 7/13/10