Tractor Trailer Accidents

Posted on January 12, 2009 by Paula Strand

Tractor Trailer Collisions : Truck Safety and Victim Awards

The Maryland Traffic Safety Handbook offers statistics on the safety of particular drivers as well as that of particular vehicles. The latest data in this handbook is from 2006, and notes eight deaths and 743 injuries from tractor trailer drivers. The National Highway Traffic Safety Administration offers statistics nationwide from 2007. Last year there were 802 tractor trailer driver deaths as a result of collisions, 23,000 people were injured, with an overall total of 4,808 people killed in large truck accidents. Given the size and weight of tractor trailers, the potential is greater to do considerable damage when involved in an accident.

The recent local collision involving two cars and a tractor trailer on the Bay Bridge made headlines all over Maryland. In this tragic case, a tractor trailer was heading west-bound on the Bay Bridge at a time when the bridge had two-way traffic. The truck swerved across the east bound lane of traffic and hit the Jersey wall of the bridge. Unfortunately, the wall was not enough to stop the 18-wheeler, and the tractor trailer and its driver, John R. Short, went over the wall and into the water, resulting in his death. Many local leaders are questioning the safety of the Chesapeake Bay Bridge, as this is the first time that a vehicle has ever gone over the edge of the bridge. This case raises questions about the safety of two-way traffic on bridges, the safety of bridges themselves, and the safety of tractor trailers.
 

While the safety issues of this tragic Chesapeake Bay bridge accident has yet to be determined, it is worth studying the safety of tractor trailers, as well as the safety of the drivers of these large trucks. A recent study reported by the Associated Press found that hundreds of thousands of tractor trailer drivers with commercial licenses suffer from medical conditions that affect their driving in a safe manner. These conditions include seizures, blackouts, and heart attacks. Additionally, the Transportation Department released information in 2006 which indicated that 7.3 million commercial drivers were in violation of federal medical requirements for driver safety. Maryland was in the top 12 of states having the most sanctions for violating these driver safety rules.

Several cases have been decided recently where victims of tractor trailer accidents have received large jury awards. Kathleen Festerman, a 47 year-old woman from Dundalk, and a mother of three children, was rear-ended by a large tractor trailer. Before the accident she worked for Hurley Screen Corporation, a cinema screen manufacturer located in Forest Hill. The accident occurred in September of 2005. Ms. Festerman had stopped her car to make a left-hand turn when a tractor trailer driven by Robert Kester rear-ended her car. The truck was moving between 20 to 40 miles per hour, and hit Ms. Festerman’s car with enough impact to propel her out of her car and onto traffic in the road, although her 5 year old son remained in the car unharmed. Mr. Kester was distracted by something on the side of the road and did not notice Ms. Festerman’s car stopped in front of him. Ms. Festerman’s vehicle, a Plymouth minivan, was totaled.

Luckily Ms. Festerman’s son was not injured in the accident. However, Ms. Festerman was substantially injured from the impact of the truck when it collided into her van, and from being thrown from her vehicle. Ms. Festerman now suffers from chronic pain in her neck and back. She has had two surgeries since the accident, but the pain still persists. As a result of the injuries Ms. Festerman is unable to return to work. The case was tried in the U.S. District Court House in Baltimore. The jury awarded Ms. Festerman $830,000.

Another victim of a tractor trailer accident received a large award earlier this year, a jury award in the amount of 1.2 million dollars. The victim was a man who had worked as a foreman at a cable company. He sustained a fractured vertebra (which later necessitated surgical removal), a fractured elbow, and an injured ankle from the accident. The man was unable to return to his foreman position in full capacity, and was only able to complete light duty work as a result of the accident. The parties did make settlement efforts before the case was handed over to the jury. The insurance company involved was AIG, and the injured party asked for a $500,000 settlement from them. AIG offered the victim $425,000. The victim stuck to $500,000, and AIG refused to meet this amount, offering only $425,000. The jury awarded twice the offer of either party.

Given the likelihood that if you are involved in a tractor trailer accident you will likely suffer a higher injury, or considerably more damage to your vehicle, it is prudent to give tractor trailer drivers extra lane room, and to pay attention to their mirrors when you drive. Coupled with the sheer size of a tractor trailer, and the possibility that the driver is tired or otherwise impaired, be extra cautious when driving around a tractor trailer.

If you or a family member has been injured in an automobile accident of any kind, please contact Greenberg & Bederman for a free consultation about your legal claims.  If you want to learn more about our personal injury lawyers, please read about Andrew Bederman, Roger Greenberg, or Jason Fernandez.

 
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