Wednesday, July 23, 2008

Is That Truck Safe?

According to a recent safety study, hundreds of thousands of tractor-trailer and bus drivers in the United States carry commercial driver’s licenses, despite having qualified for full federal disability payments. In addition, some of these drivers have suffered seizures, heart attacks or unconscious spells. The Federal Motor Carrier Safety Administration, the agency responsible for oversight of commercial vehicle operation in the United States, acknowledges that it has failed to implement any of the eight recommendations that safety regulators have proposed since 2001. These proposals include minimum standards for officials who determine whether truckers are medically safe to drive, and would stop truckers form “doctor shopping” to find a physician who would overlook a risky health condition and certify that a trucker was safe and fit to drive.

Our firm has represented severely injured victims of truck driver negligence in Maryland, Virginia and the District of Columbia. In one particular case, the truck driver made an unsafe lane change and forced our client’s vehicle off of Interstate 95 and into a barrier wall. Our client suffered severe brain damage and eventually died as a result of this crash. Our investigation revealed that the truck driver was, for all intents and purposes, deaf and could barely hear. The driver also had been involved in several prior accidents. Despite his physical impairments, he obtained a medical certification to operate a commercial vehicle. Unfortunately, our firm has seen a pattern of truck companies putting corporate profits over the safety of other drivers.

According to the U.S. Department of Transportation, 5,300 people were killed in crashes involving large commercial trucks or buses in 2006, the latest year for which data is available. Further, about 126,000 people were injured in 2006 in such accidents.

A 30 page study from the Government Accountability Office, released this week, investigated unfit truck drivers. According to the results, 563,000 commercial drivers were determined by the Veterans Affairs Department, Labor Department or Social Security Administration to be eligible for full disability benefits over serious health issues. While eligibility for disability benefits does not always mean a driver is unfit to operate a commercial vehicle, the GAO study found serious and alarming examples. More than 1,000 drivers were identified with vision, hearing or seizure disorders which would generally prohibit a trucker from obtaining a commercial driver’s license.

Tractor Trailers (18 wheelers) are extremely dangerous motor vehicles, especially in the hands of an unfit driver. While governmental organizations and agencies try to ensure that only those medically fit are behind the wheel of such vehicles, often a driver is not caught before a serious accident takes place. The attorneys at Goldberg, Finnegan & Mester, LLC, work with victims of such incidents on a daily basis, fighting for their full rights and benefits under the law. If you or a loved one has been injured in an accident involving a tractor-trailer or bus, call us today at (301)589-2999 x102 for a free consultation.

Mark A. Schofield, Esquire
Goldberg, Finnegan & Mester, LLC

Monday, July 21, 2008

Double-Decker Buses in DC Fraught with Peril

A recent horrific accident has shed new light on the perils of open-air, double-decker buses. Two weeks ago in Washington D.C., two young men were headed to the new Nationals Stadium to watch the Washington Nationals host the Houston Astros. Unfortunately, the bus they were traveling to the game on never made it. Two men were killed when their heads struck a freeway overpass while on the upper deck of a bus headed to the game, according to District of Columbia police.

Because of parking concerns near the stadium, the Washington Nationals provide free shuttle service from RFK Stadium to the new stadium, located along the Anacostia River and near the Navy Yard Metrorail stop. At this time, it is unclear if this bus was part of this service, called the "Nats Express," or was another private organization providing transportation services. Buses that are part of the "Nats Express" are typically standard coach buses, not double-decker, open-air buses like the vehicle involved in last night's fatal incident. According to ABC 7/NewsChannel 8 Horace Holmes, the bus was headed to Nationals Stadium from RFK. The bus was carrying around 6 people who were on a company outing, Holmes reported.

The incident occurred about 8:45 p.m., as the open-topped double-decker bus, which was westbound on the Southeast Freeway, passed beneath the 11th Street overpass. "They were standing in the upper part of the bus, and their heads struck the under part of the overpass," said Commander Andy Solberg, field supervisor for the police.

After the men were injured, other passengers apparently alerted the driver of the bus, who stopped at Ninth and I streets SE, near the Marine Barracks. Gunnery Sergeant Will Price, a public affairs representative at the barracks, said witnesses described a horrific scene. He said one of the bus passengers had administered first aid before Marines and rescue workers arrived. "It's the most serious thing I've seen in my three years here," Price said.

A recent Washington Post story illustrated the dangers associated with these buses. An article published July 18, 2008 noted that many riders on scenic, open-air bus tours of Washington D.C. are forced to duck and dodge low hanging branches during their trips. The Washington Post article also indicated that sometimes, the announcements made by the bus drivers regarding the vehicle height do not correspond with the vehicle's actual height. Patrons are warned about the dangers of standing during the ride.

Incidents such as this one are horrible to hear about. It is a shame when a young life is cut short, especially when under such tragic circumstances. The attorneys at Goldberg, Finnegan & Mester fight on a daily basis to make sure that companies and organizations do everything they can to ensure the safety of their passengers and patrons.

Mark A. Schofield, Esquire
Goldberg, Finnegan & Mester, LLC
(301) 589-2999 extension 123