Articles Posted in Trucking Accidents

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By David A. Wolf, Child Injury Lawyer Blog

Truck-Accident-Rear-End-Crash-253x300In Michigan and other states, semi-tractor trailers and commercial vehicles are commonly seen on the roads, streets, highways, and interstates.  Because of the size, weight, and power of these vehicles, it is vital that truck drivers are alert and attentive to their driving responsibilities.  Unfortunately, just one inattentive moment on the part of a commercial truck driver can cause a significant impact to the driver and passengers of other vehicles and a lifetime of injuries for the innocent victims of the crash.  While it seems quite basic, many such crashes can be avoided if the truck driver maintains a safe speed, maintains a safe distance from other vehicles, and otherwise avoids distractions in the form of eating, drinking, mobile phone usage, texting, and other activities that take away from the primary job at hand – namely the driving of a commercial vehicle.

In a recent news story out of Oceana County, Michigan, it was reported that  a four year old child suffered serious, lifelong injuries after a truck driver rear-ended the family’s car which had five people in it at the time. The driver was originally charged with felony reckless driving, but at the district court level the charges were reduced to a misdemeanor.  If the driver is convicted or accepts a plea deal, the crime is punishable by up to 93 days in jail.  The truck driver will be entitled to the services of a public defender or a private criminal defense attorney.  Like other criminal cases, there are procedures and processes to go through and a criminal Defendant is presumed innocent until proven guilty.

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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Truck Accident.001In Texas and other states, commercial trucks and semi-tractor trailers are common on the streets, roads, and expressways.  Due to the size of these trucks, it is important that the truck driver take all proper and necessary safety precautions for the safety of other drivers and passengers who will travel on and through the same streets, roads, and expressways. One measure that should be taken is to inspect the vehicle before departure to make sure that the height and width of the truck can safety travel under and through all bridges and overpasses.  For instance, if the truck is equipped with a boom or crane, it is vital that the boom or crane is lowered and otherwise secured that the truck is safe for travel through all roadways on the intended itinerary.  If there are any objects that are too tall or wide for safe travel, there can be disastrous consequences, accidents, crashes, personal injuries, and wrongful deaths.

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By David Wolf, Attorney

Published by the Child Injury Lawyer Blog

NX_truck_rear_contnrThroughout Tennessee and other states, trucks, tractor trailers, and big rigs are common sites on the roads, highways, and expressways.   Certainly, big trucks are an important part of both intrastate and interstate commerce. Theres large commercial trucks also pose a significant risk of serious injuries and deaths to adults and children alike to the size disparity between these trucks and common personal vehicles / automobiles.   Because of this, it is important that commercial truck drivers are well trained, alert, and well rested.  Furthermore, excessive speed and daydreaming need to be avoided as well.  Finally, driver distractions should be limited and removed whenever possible.  Texting while any vehicle including but limited to a commercial truck is simply careless and can and does lead to serious accidents causing personal injuries and the deaths of others.
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By Jay Foster, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20school%20bus%20with%20big%20black%20front%20mirrors.jpgIn Shaw Mississippi, it was reported that a 10 year old girl lost her life and at least 10 people were injured in an accident involving a school bus and a tractor trailer. It was reported that the truck driver informed the Mississippi Department of Public Safety that he saw the but and hit his brakes but he was unable to avoid the crash. According to investigating authorities, the bus had stopped at a stop sign and then attempted to turn on to U.S. Highway 61 when the bus / truck accident took place. A full investigation will be conducted to determine the cause, fault, and preventability of this accident. Fog and weather may have played a role in the accident. It is clear that the 10 year old victim and the other non-driving victims did nothing wrong and cannot be held liable for their respective injuries. Fault will be assessed against one or both of the drivers. An investigation will be completed by State and local officials. In addition, the victims will have the right to hire legal counsel to review the investigation and to gather additional information and statements to pursue a prospective civil case for the injuries sustained in this most unfortunate bus / trucking accident. Any time that there is a child injury in Mississippi or worse a child death – it can be quite difficult for the parents, family, friends, and community to handle. Unfortunately, the hands of time cannot be turned back to prevent the accident or the injuries that resulted from it. See School Bus, Tractor Trailer Involved in Crash.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

CarAccident1.jpgDiane M. McKinley, of Renovo, Pennsylvania, was driving her Honda Civic down Route 2005 with Mildred L. Barnhard of Lock Haven Pennsylvania in the passenger seat and a five year old child in the back seat. When Ms. McKinley stopped at the intersection of Route 2005 and Route 2022 in Covington, Pennsylvania to make a left hand turn, the car was struck from behind by an International tanker truck. The truck was driven by Barry K. Smith.

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By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In New York and other States, it is common to see and read about automobile accidents and trucking accidents. It is not so common to see or read about accidents between a lawn mower and a bicycle. In Ontario County, Richmond – New York, a boy suffered minor personal injuries when he lost control of his bicycle and then was hit by a moving riding lawnmower. The blades from the mower were not in motion at the time of the crash. Linda Piacente, the lawnmower driver and operator, got off of the mower and lifted it off the boy who suffered minor abrasions to his back, shoulder and hand. Fortunately, tragedy and serious personal injuries were avoided in this incident. You can read about this story at Boy Avoids Serious Injuries in Crash with Lawn Mower in Richmond – Ontario County, New York.

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By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Deaths and injuries over a four year time period (2002 – 2006) across Iowa were studied by the Iowa Department of Public Health and the University of Iowa. This study revealed that over 1500 deaths in Iowa are caused by injuries. The Burden of Injury in Iowa report gathered information regarding deaths and hospitalizations. Motor vehicle accidents / automobile accidents were the leading cause of unintentional deaths for all injury related mortalities. Teens and young adults ranging from the age of 15 to 24 represented the groups with the highest rates of hospitalizations / emergency room visits among all age groups. Unintentional or accidental injuries represent the leading cause of death for Iowans in the age range from 1 to 34 years old. You can read more about these statistics and others at Injuries a Leading Cause of Death in Iowa According to Study.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

bicycle%20accident%20and%20injuries%20close%20up%20of%20spokes%20on%20back%20tire.jpgIn California and other States, bicyclists are injured every day on or near roadways. Bicyclists suffer serious personal injuries and in some accidents death due to driver inattention, distraction, and / or negligence. In some cases, the driver is subject to criminal prosecution for the wrongful death or personal injuries of the bicyclists. In California, Gaspar Reyes was sentenced to a one year suspended sentence and three years of probation for the death of a bicyclist, Kathy Marie Gienger. Reyes hit Ms. Gienger with a big truck while trying to make a right hand turn. Ms. Gienger was in the crosswalk at the time of the incident. Reyes claimed that he stopped but prosecutors wisely secured the photos that were taken by a nearby ATM at the Safe Credit Union. This photographs taken at 1 second intervals impeached Mr. Reyes’ claim that he stopped prior to making the turn.

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By Jeremy Vishno, Attorney, and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20yellow%20school%20bus%20close%20up%20of%20top%20front%20of%20bus.jpgA Masuk of Monroe, CT school bus, carrying its high caliber football team was struck by a pick-up truck that failed to yield the right of way. The collision caused serious injuries to the pick-up’s driver, but the players had no immediate complaints of injuries during on-scene evaluations. It remains to be seen as to whether the players, students at Masuk High School in Monroe, CT will feel the effects of that bus versus truck accident in the days to come, as is often the case in motor vehicle accidents. Many times, hours, days, and even weeks after an accident, the first real signs of injuries can rear their ugly heads. That is why it is critically important to have any child who was in an auto or school bus accident fully evaluated by a doctor or hospital personnel, and to pay attention to their complaints in the days and weeks after. This is true even if the accident seems to have minor damage to the vehicles involved. Cars are designed to absorb these impacts, while the human body is not.

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By Stephanie F. Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

playground%20tire%20swing%20black%20with%20chains.jpgWhen a lawsuit is filed on behalf of a minor child in Georgia, any settlement of the lawsuit may require the approval of the Probate Court where the child resides. Georgia Code Section 29-3-3 controls the settlement of a minor’s claim. Under this statute, if the gross settlement is for less than $15,000.00, the child’s natural guardian may enter into the settlement without being appointed the child’s legal conservator and without Probate Court approval of the settlement.