Increased Risk of Semi Underride Accidents Revealed

A recent investigation conducted by the Insurance Institute for Highway Safety discovered some serious issues with a crucial safety feature of tractor-trailers. The IIHS report noted that underride guards frequently fail to do their job of keeping passenger vehicles out from under big rigs, something that has resulted in hundreds of deaths across the country in only the last few years.

The underride guard is a metal bar that is attached to the back of a semi truck’s bumper. The bar is designed to prevent a passenger vehicle from subducting, or being squashed underneath, the trailer in the event of a rear-end accident. This is so important because a car that ends up underneath the back end of a trailer almost always ends up with the pillars of the vehicle absorbing the brunt of the force rather than the front-end crash zone. This is bad news for drivers because the crash zone has been designed to protect drivers and an accident that takes out the vehicle’s pillars likely ends with the death of front-seat passengers.

Though the underride guard works in theory, the reality is that design issues and maintenance problems undercut its reliability in real world accidents. Experts say that one major problem is that safety regulations regarding underride guards have not been changed since 1998, a very long time in automotive years. Since the late 90s passenger vehicles have gotten much lower to the ground to increase aerodynamics and improve fuel efficiency. Despite these changes, the design of underride guards has remained the same, putting millions of drivers at risk.

The IIHS put some of the most popular underride guards to the test to demonstrate how unreliable some models were and the results were shocking. The tests found that one of the most popular underride guards on the market, made by Hyundai, failed at even relatively slow speeds. In one case, a test vehicle driven at 35 miles per hour was enough to shatter the bolts holding the underride guard to the frame of the truck, causing the guard to crumble and fail.

Beyond design issues, maintenance is another serious problem. Highway safety experts say that underride guards appear rusted, worn, bent or even clearly broken on many trucks, damage that is obvious to anyone driving around on the nation’s roadways. Any structural damage to the underride guards greatly reduces their effectiveness, increasing the chance that an innocent Iowa motorist is killed.

Federal studies have shown that the risk of death from underride accidents is serious. One study found that between 2010 and 2012 there were 724 deaths among motorists involved in rear-end tractor-trailer accidents. The numbers confirmed that underriding was a factor in nearly 70 percent of all fatalities. The results confirm that stricter regulations and more active maintenance efforts could save hundreds of lives every year, a goal that everyone should support.

If you or someone you know has been injured in an Iowa car, truck, bus or motorcycle accident and you would like to discuss your case with an attorney, please contact the Iowa accident lawyers at the Gourley, Rehkemper & Lindholm PLC today at (888) 278-1027 to schedule a free consultation.

Source: “IIHS: Semi Trailers Could Cause Deadly Injuries,” by Ben Timmins, published at AutomobileMag.com.

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The Rear of a Rear-Ender is NOT Always at Fault

A recent tragedy on Highway 34 just east of Mount Pleasant involving a semi-truck and passenger vehicle, reported on KCCI.com, highlights the dangers of illegally operated semi-trucks as well as a common misconception among the drivers on Iowa Highways.  There is a common belief that the person at the back of a rear-end collision is always at fault.  This is not always the case.

While all motorists must maintain a proper lookout for other traffic and follow vehicles at a distance sufficient to ensure that they can bring their vehicle to a stop in a timely manner when necessary, there are circumstances where a rear vehicle may not be at fault for rear-ending another vehicle.  All motorists have the right to assume that the other drivers on the road will comply with traffic regulations.  Consequently, when a driver in forward traffic does something that is either illegal or unexpected, approaching drivers are not always able to react in enough time to avoid a collision even if they are doing absolutely nothing wrong and are being completely attentive.

Take for example the case where GRLLaw was able to obtain a substantial verdict for victims of an accident with a slow moving semi-truck.  In that case, it was proved that the semi-truck involved in that accident was actually at fault even though the plaintiff’s vehicle struck it from the rear.  This was because witnesses established that the semi-truck was initially parked illegally on the side of Highway 218 before it attempted to re-enter traffic without first ensuring that the movement could be made be made safely.  Add to that the fact that the semi-truck’s rear clearance lights were not working properly and the driver failed to signal or warn approaching traffic that she was pulling out and traveling well below the posted speed limit and one can understand how the jury found the semi-driver to be 90% at fault for the accident.

There are a number of specific legal basis for the lead vehicle in a rear-end collision to be legally liable in a rear-end collision.  They can include the following violations of Iowa’s rules of the road, among other things.

1.    Stopping on a road or highway;

2.    Unsafe starting of a stopped vehicle;

3.    Failing to maintain a proper lookout to the rear;

4.    Failure to yield to oncoming traffic;

5.    Illegally stopping on the side of a highway;

6.    Driving too slowly;

7.    Improper lighting;

8.    Unsafe stopping or sudden slowing of a vehicle;

9.    Failure to signal intent to stop or slow;

10. Failure to signal an intent to turn;

11. Failure to use emergency signals (“Flashers”) when necessary.

Many of these problems are made even worse when lead vehicles commit these traffic violations at night or in areas with poor forward visibility. Obviously, motorists cannot avoid what they cannot see in a timely manner.  Consequently, the rear vehicle is not always at fault for a rear-end collision.  Always keep in mind that there are circumstances where accidents are caused due to the negligence of the lead vehicle.  A thorough investigation must always be conducted before an accurate conclusion can be made.  Don’t make the mistake of thinking that just because a vehicle hit another vehicle from the rear that the rear vehicle must be at fault.  The law and science may prove otherwise.

Have a SAFE and Happy Independence Day!

Keep on Trucking

It just might be illegal- Obligations of semis an other Commercial Vehicles in extreme weather conditions. With the recent severe weather we have been having, Iowans have seen a significant increase in the number of Semi truck accidents throughout the Des Moines metropolitan area as well as statewide. While the conditions alone can make driving perilous during winter storms, the presence of semis and other big commercial carriers can make the roads all the more dangerous. This has been illustrated by the numerous crashes involving at least one semi over the past month in the Des Moines area alone. For example, on January 7th, two semis collided on Interstate 80 although fortunately no one was killed. Everyone was not as fortunate when, on January 11th, tragedy struck when a man was killed after a semi lost control and stopped in the median resulting in a crash with an oncoming motorist. These accidents along with many others, highlight the dangerous combination of semis and poor road conditions. Semis, while integral to interstate commerce in general, pose a greater danger to other drivers given their sheer size and weight. Also, if a truck driver begins to lose control of his or her vehicle in wintry conditions, the likelihood of regaining control without an accident is much lower than in a regular passenger car. Lastly, injuries in collision with semis are often much more severe and often result in serious injuries, if not fatalities. Given these inherent dangers then, Iowans often ask if semi trucks are held to a higher standard or have certain rules they must follow in addition to their regular rules of the road, especially in treacherous weather conditions. The answer, in fact, is yes. The federal government regulates the safe operation of commercial vehicles. In addition, to applicable state laws, a semi truck must also comply with all federal rules and regulations to ensure the safety of fellow drivers. In particular, Federal Motor Carrier Regulation § 392.14 regulates the operation of commercial vehicles in during hazardous road conditions. That federal law provides: Driving of vehicles §392.14 Hazardous conditions; extreme caution. Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured. As you are likely aware, motorists are required to operate their vehicle in a manner in which they do not unreasonably endanger others. Correspondingly, if another motorist is negligent in the operation of his vehicle and you are injured as a result, that motorist, or more likely his insurance, will be responsible for paying for any injuries and damages you have incurred as a result of that negligence. Negligence can be proven either by a person operating their vehicle in a manner inconsistent with what an ordinary, reasonable and prudent person would do, but also by a violation of the law, commonly referred to as the "rules of the road." As is set forth in the federal regulation above, truck drivers are required to stop operation of their vehicles in circumstances where the weather or road conditions become sufficiently dangerous. This is an obligation that is placed upon them by federal law in addition to those that otherwise govern the operation of motor vehicles. Accordingly, even if a truck driver is doing everything else right, the mere fact that he continues to drive during a snow storm may be a violation of the law. Therefore, the mere fact that a semi continues down the interstate on a snowy day may in and of itself make a trucking company liable for injuries sustained in an accident with their vehicle. So if you have ever wondered: “What in the world was that semi doing on the road in those conditions?” The answer may well have been, breaking the law.