Pennsylvania Personal Injury Lawyers Back Ban on Cell Phone Use by Truckers

The Pennsylvania personal injury attorneys of Munley, Munley & Cartwright, P.C., said today that they support a proposal by the National Transportation Safety Board to ban the use of all cell phones by truck drivers and other commercial motor vehicle (CMV) drivers.

“A prohibition on the use of cell phones and similar devices while operating tractor-trailers, buses or other commercial vehicles is simply the proper move for the safety of the public,” said J. Christopher Munley, a veteran Pennsylvania injury lawyer and managing partner of the Scranton-based law firm, which focuses on representing truck and car accident victims.

“The dangers of distracted driving, particularly the consequences of attention to the road being diverted by cell phones, has been made all too clear by recent fatalities,” said Daniel W. Munley, a partner in the law firm and chairman of the American Association of Justice’s Trucking Litigation Group.

“At Munley, Munley & Cartwright, we see this ban as a necessary safety regulation that would do a tremendous amount of good with no harm to the trucking industry,” the Pennsylvania trucking accident attorney said.

According to the New York Times, the NTSB proposed the ban this month on non-emergency use of all cell phones, including hands-free devices, by drivers of commercial motor vehicles, after a truck crash in Kentucky last March that killed 11 people was blamed on the driver’s use of a mobile phone.

The U.S. Department of Transportation banned texting behind the wheel by truckers last year and is considering a rule to prohibit CMV drivers from talking on cell phones while driving.

Several states have moved in recent months to ban texting and other cell phone use while operating a motor vehicle, but Pennsylvania currently has no such law statewide. Local ordinances in the state may restrict use of cell phones while driving.

Pennsylvania laws do allow people injured in motor vehicle accidents caused by another person’s carelessness or recklessness to recover damages for medical costs, property loss, lost wages, and pain and suffering.

“A crash that happens because the driver of an 18-wheeler was on his cell phone is one that we would certainly consider a matter of carelessness and recklessness, and we would encourage anyone injured in such a wreck to consider a personal injury claim as they weighed their losses and suffering,” Christopher Munley said.

The law firm’s trucking accident attorneys have assisted hundreds of accident victims and the families of those who have died in truck crashes that have faced challenging recovery further complicated by complex Pennsylvania insurance laws and legal issues.

“Insurance companies work for their clients, not the accident victim,” Daniel Munley said. “Anyone injured in a truck crash or who is dealing with the death of a loved one in an accident will benefit greatly from the legal assistance of attorneys familiar with all of the techniques insurance companies use to obtain quick settlements for less money.”

“The expert legal team at Munley, Munley & Cartwright has the experience necessary to properly investigate an accident victim’s case, counsel them objectively about their options, and to stand beside them and fight for a proper and just settlement,” Christopher Munley said.

About Munley, Munley & Cartwright, P.C.

Munley, Munley & Cartwright, P.C., is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, including those injured in accidents that involve speeding, distracted driving, drunk driving, fatigued driving, aggressive driving and careless driving in hazardous weather conditions. The Pennsylvania personal injury law firm’s additional practice areas include trucking accidents, motorcycle accidents, medical malpractice, defective products, toxic chemicals, workplace injuries, nursing home litigation and other serious accidents.

Munley, Munley & Cartwright, P.C., has offices throughout Pennsylvania, including Scranton, Stroudsburg, Carbondale, Plains, Hazleton and Hamlin. To contact the law firm, call (800) 318-LAW1 or visit the firm’s website.

Preliminary Truck Crash Data For 2009 Released

Preliminary statistics on 2009 tractor trailer crashes have just been released. The Large Truck and Bus Crash Facts: Early Release is based on crash data from the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA), as well as preliminary total vehicle miles traveled (VMT) data from the Federal Highway Administration.

Among the highlights:

• Of the 286,000 police-reported crashes involving large trucks in 2009, 2,987 (1 percent) resulted in at least one fatality, and 51,000 (18 percent) resulted in at least one nonfatal injury.

• Single-vehicle crashes made up 20 percent of all fatal crashes, 16 percent of all injury crashes, and 35 percent of all property damage only crashes involving large trucks.

• Almost two-thirds (64 percent) of all fatal crashes involving large trucks occurred on rural roads, and just over one-fourth (26 percent) occurred on rural and urban Interstate highways.

• Thirty-four percent of all fatal crashes and 20 percent of all property damage only crashes involving large trucks occurred at night.

• The vast majority of fatal crashes (84 percent) and nonfatal crashes (88 percent) involving large trucks occurred on weekdays (Monday through Friday).

• Collision with a vehicle in transport was the first harmful event in 75 percent of fatal crashes involving large trucks.

• Rollover was the first harmful event in only 4 percent of all fatal crashes involving large trucks and only 2 percent of all nonfatal crashes involving large trucks.

When final data become available, FMCSA will publish the final version of the full 2009 report in print and online editions.

If you have been injured or a loved one killed in a tractor trailer accident that was caused by another person’s carelessness or recklessness, you may be able to recover damages that include medical costs, property loss, lost wages, and pain and suffering. Please call Munley, Munley & Cartwright’s lawyers at 1-800-318-LAW1 for a free assessment of your case or use our Free Online Accident Case Evaluation.

$5 Million Awarded in Utility Truck Accident Fatality

Pacific Gas & Electric of San Jose will pay $5 million to the mother who filed a lawsuit after her daughter died when one of PG&E’s utility trucks crashed into a group of cars stopped on an Interstate 280 off-ramp.  Her daughter and boyfriend both died in the 2006 wreck.

At Munley, Munley and Cartwright, we are truck / tractor trailer accident and injury lawyers and we know that every 16 minutes a person is killed or injured in a truck accident.  Even so, trucking industry lobbyists continue to call for the weakening of truck safety rules and regulations to reap a higher profit. If you have been harmed in a truck accident, contact us online today for a free consultation or call us toll free at 1-800-318-LAW1.

The truck driver is a diabetic and he claimed his blood-sugar level fell causing him to black out. He pleaded guilty to vehicular manslaughter and was sentenced to three years in prison.

Wrongful Death

Federal Motor Carrier Safety Administration Drops Cargo Insurance Requirement

The Federal Motor Carrier Safety Administration (FMCSA) eliminated the requirement for most for-hire motor common carriers of property and freight forwarders to maintain cargo insurance in prescribed minimum amounts.  In addition, the carriers do not need to file evidence of this insurance with FMCSA.

At Munley, Munley and Cartwright, we are truck / tractor trailer accident and we accept tractor-trailer / truck cases nationwide. Did you know that every 16 minutes a person is killed or injured in a truck accident? Even so, trucking industry lobbyists continue to call for the weakening of truck safety rules and regulations to reap a higher profit. If you have been harmed in a truck accident, contact us online today for a free consultation or call us toll free at 1-800-318-LAW1.

Household goods motor carriers and household goods freight forwarders will continue to be subject to this cargo insurance requirement.

The regulation goes into effect March 21, 2011.

FMCSA Cargo Insurance Regulation

$3.5 Million Awarded In Wrongful Death Logging Truck Accident

A Chilton County, Alabama jury has awarded $3.5 million to the family of a man killed when the van he was driving was crushed between two logging trucks, reports the Montgomery Advertiser.

Ken Gorum Trucking and Gary Fruge, the driver of the logging truck, were held responsible for the accident and have been ordered to pay the award. The jury found Fruge was speeding, and the truck had defective brakes, when it crashed into the victim’s van.

The victim’s car was pushed into the logs on the truck in front of him, causing the logs to come through his windshield – one went through his head and killed him. Although the driver claims he was going only 45 miles per hour, evidence suggests he was traveling between 65 and 75 mph.

Progressive Insurance Co, the insurance for the defendants, had refused to settle the case before trial.

If you have been injured, or a loved one has been killed, in a vehicle accident that was caused by another person’s carelessness or recklessness, you may be able to recover damages that include medical costs, property loss, lost wages, and pain and suffering. Please call Munley, Munley & Cartwright’ s lawyers at 1-800-318-LAW1 for a free assessment of your case or use our Free Online Accident Case Evaluation.

Alabama Logging Truck Wrongful Death

$16 Million Settlement in Texas Tractor-Trailer Wrongful Death Lawsuit

The Fort Worth Star-Telegram reports a $16 million settlement has been reached in the wrongful death lawsuit between the family of a 41-year-old woman and Pioneer Drilling. The woman died in September as a result heavy equipment flying off an 18-wheeler into her car. The equipment was being hauled to a gas-drilling site.

A 24,000-pound counterweight and a 4,000-pound spreader bar fell off the tractor trailer, and the spreader crushed the woman’s car.

Investigators found the equipment was secured by only two chains instead of the four that are required and the driver did not control his speed. Also, the truck driver was a truck driver’s helper and did not meet state and federal safety guidelines to drive an 18-wheeler by alone. In his testimony, the truck driver admitted that he and other Pioneer employees back-dated documents showing that he was qualified to drive a week before the crash.

After this testimony, a recess was called and the case was settled.

If you have been injured or a loved one killed in a truck accident that was caused by another person’s carelessness or recklessness, you may be able to recover damages that include medical costs, property loss, lost wages, and pain and suffering. Please call Munley, Munley & Cartwright’s lawyers at 1-800-318-LAW1 for a free assessment of your case or use our Free Online Accident Case Evaluation.

$16 Million Texas Tractor Trailer Death

Paralyzed Florida Truck Driver Awarded $14.6 Million

A Broward County, Florida Circuit Court judge has awarded $14.6 million to a 64-year-old truck driver hurt in a 2007 wreck that left him paralyzed, reports the Insurance Journal.

The truck driver was hauling sugar in 2007 in Palm Beach County when a driver ran a stop sign, causing him to swerve to avoid an accident which would have likely killed the other driver. The trucker’s 18-wheeler left the road and overturned, leaving him paralyzed.

National Casualty Co. denied the trucker’s claims. He then sued for uninsured-motorist benefits to help pay his medical bills.

The company is expected to appeal the judge’s award.

If you have been injured in a trucking accident, call Munley, Munley & Cartwright’s lawyers at 1-800-318-LAW1 for a free assessment of your case or use our Free Online Accident Case Evaluation.

Truck Accident Award

$23.7 Million Verdict for Fatal Truck Accident

After five years of litigation, a Will County, Ill., jury has awarded $23.7 million to three plaintiffs in what is thought to be the largest injury verdict ever awarded in the county, according to PRWeb.

On April 1, 2004, two men were killed and one seriously injured when the driver of a tractor trailer lost control and rear-ended several vehicles. The lawsuit was brought against the driver of the truck and the motor carrier, Toad L Dragonfly, both of whom admitted liability for the accident. The freight broker, C.H. Robinson, was also named in the lawsuit, but denied liability, stating the driver was an independent contractor.

If you or a loved one has been injured in a Pennsylvania commercial trucking accident, you need the experienced lawyers of Munley, Munley, & Cartwright to protect your rights. Large trucking companies have their own investigators and attorneys fighting for them, you need someone on your side. Contact us for a free consultation by calling toll free 1-800-318-LAW or use our online form.

Truck Wreck Verdict

Jury Awards $10.5 Million To Motorist Hit By Dump Truck

A California jury has awarded $10.5 million to a Fresno motorist who suffered severe head and brain injuries after she was struck by a dump truck driver who had been drinking.

The 20,000-pound truck was traveling at 25 to 30 mph when it broadsided the woman’s car. The dump truck driver had a blood alcohol content of 0.08%, the legal limit. He later pleaded guilty to driving under the influence. The victim has been institutionalized because of her injuries ever since the accident.

Trucking accidents are bad enough when truck drivers are doing their job right. When they’re drinking on the job, an accident is inexcusable, and the drivers should be held accountable for the injuries and harm they cause.

If you’ve been hurt in a trucking accident, call us today for a free consultation.

Full story – Click here.

Fraudulent Medical Certificates for Commercial Drivers Becoming More Common

As reported last week by the Associated Press, a recent U.S. safety study showed that hundreds of thousands of commercial drivers should not be behind the wheel due to medical conditions. The Government Accountability Office determined that approximately 563,000 commercial drivers were eligible for full disability based on health issues.

More disturbing information regarding the health and safety of U.S. highways has just been released regarding fraudulent medical certificates for commercial drivers. An article on Sci-Tech Today.com highlights the House Transportation and Infrastructure Committee’s study which found that, due to a lack of regulations and enforcement, it is “relatively easy” to get around the required physical examination for commercial drivers.

The study was based on a sampling of 614 commercial drivers stopped at roadside inspections in California, Illinois, and Ohio. Only 407 of the 614 medical examiners listed on the certificates could be verified. These findings come despite suggestions made in 2001 by NTSB to regulate the Medical Certification process.

These recommendations include “that examiners who certify drivers as medically fit be qualified and know what to look for, that a system be set up to track medical certificate applications and prevent drivers from doctor shopping, and that a mechanism be provided for reporting drivers with potentially debilitating medical conditions.”

The House Transportation and Infrastructure Committee’s study is expected to be released at a hearing on Thursday.