Michael Leizerman’s Blog

On Thursday, April 1, the State of Ohio passed into law a two-year, $9.2 billion transportation budget, a budget that contains provisions permitting big rigs to travel the state’s roadways at 65mph rather than restricting them to 55mph as previous law dictated. The new speed limit becomes effective 90 days from signing.

The fact that Governor Strickland signed this law on April 1st is appropriate, as not only could it place Ohio motorists in greater danger of being involved in truck accidents, but it could also leave supporters of the change looking April foolish.

Prior to this move, Ohio was one of 11 states nationwide that restricted heavy trucks to the lower 55mph speed limit. States with truck speed limits lower than 65mph include Michigan, Illinois, California, Washington and Hawaii. In 2004 Ohio enacted laws that allowed heavy trucks to travel the Ohio turnpike at 65mph, but no other roadways in the state permitted travel at any speed above 55mph for those vehicles.

Proponents of the increased speed limit for trucks cite split speed limits as a serious danger and contend that uniform limits promote greater safety. They argue that a truck travelling 10mph slower than passenger vehicles is more likely to be rear-ended and that split speed limits create the potential for massive traffic tie-ups as big rigs clump together in slower lanes.

The Ohio State Highway Patrol disagrees. The OHP points to increased numbers of truck accidents on the Ohio turnpike since 2004’s raised truck speed limit as proof that with increased speed comes increased crashes.

I hope that I am wrong about this new law and that Ohioans do not suffer an increase in the number of truck accidents on their roadways. But my experience tells me that with the enactment of this law, it’s time for state and federal officials to redouble their efforts at maximizing enforcement of existing trucking safety laws to keep all those who travel Ohio’s roadways safe.

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It takes a little fire in the belly to fight with truck companies and insurance companies day in and day out. I get personally offended when, for example, an insurance company offers a pittance when one of their insured’s vehicles crosses a centerline and kills somebody’s mother. But being passionate alone is not enough. The best way to beat the truck companies is old-fashioned hard work. Please feel free to contact me at michael@leizerman.com or call me at 1-800-628-4500.

The Ionia Sentinel Standard reports that a semi truck failed to stop at a stop sign at the intersection of Jordan Lake and Portland roads near Berlin Township, Michigan, then collided with a second semi, causing it to crash into a van, killing the van’s driver. Investigators do not believe that drugs or alcohol were factors in the truck crash.

AppealDemocrat.com reports that a big rig traveling on Highway 99 at Hutchinson Road south of Yuba City, California swerved out of control, crossed the centerline and slammed head-on into a passenger vehicle, killing the vehicle’s driver and injuring two passengers, one seriously. The California Highway Patrol is continuing its investigation into the crash.

6ABC.com reports that one person was killed and two others were injured when a tractor trailer crossed the median on Route 33 in East Windsor, New Jersey and crashed into a van. The driver of the van was pronounced dead at the scene and the van’s two other occupants – a 42-year-old woman and a 3-year-old girl – were taken to a local hospital.

East Valley Tribune.com reports that a semi trailer truck struck a mini van on Ray Road in Chandler, Arizona, leaving two occupants of the van in critical condition and the semi driver in serious condition. The van was making a left-hand turn when the semi struck it, driving it into oncoming traffic. The semi left the roadway and struck an electrical utility box, causing one of its fuel tanks to explode. Police continue to investigate this truck crash and have not indicated whether or not excessive speed may have played a role.

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On April 14, 2010, Representative Peter DeFazio (D-OR) headed a bi-partisan group of seventy eight Members of Congress who sent a letter to U.S. Secretary of Transportation Ray LaHood and U.S. Trade Representative Ronald Kirk, asking them to renegotiate the section of the North American Free Trade Agreement that deals with the permitting of access to U.S. roadways by Mexican trucks.

In his letter DeFazio noted, “Mexico has no meaningful system for commercial driver’s licenses, drug testing or hours of service. This is a trade agreement that threatens the safety of the American public.”

Congress has in the past repeatedly rejected proposed cross-border programs due to what DeFazio described in his letter as, “Mexico’s less stringent regulations on hours-of-service, vehicle safety, and driver training and licensing.” Cross-border programs that allow Mexican trucks free access to America’s roadways pose “a threat to the traveling American public,” DeFazio’s letter went on to state.

DeFazio’s letter comes at a crucial moment. As the Obama Administration forms its approach to this issue and the Mexican government seeks to pressure the U.S. into moving forward with a cross-border trucking program, the time is now for DeFazio and his colleagues to be heard.

From my years of experience working with truck accident victims and their families, I know that we face enormous challenges in this country when it comes to trucking safety. We do not yet effectively enforce our existing laws and regulations when it comes to hours-of-service, equipment maintenance, driver training and other areas of concern. We cannot afford an influx of trucks and drivers on our roadways whose safety standards fail to meet our own.

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State trucking laws vary, and the need for qualified truck accident attorneys to understand all facets of a particular litigation is imperative. I have handled numerous truck accidents throughout the United States, many of them similar to those noted below. Please feel free to contact me michael@leizerman.com or call me at 1-800-628-4500.

Freep.com reports that an empty car hauler truck failed to stop for a traffic backup and crashed into as many as 10 other vehicles on I-96 in Detroit, Michigan sending 4 people to the hospital. Michigan State Police are continuing their investigation aided by the Michigan Department of Transportation. No information was released about the driver of the semi.

CleburneTimes-Review.com reports that a tractor-trailer traveling northbound on U.S. 67 in Cleburne, Texas crossed the centerline and clipped another big rig, sending it into a head-on collision with yet another truck. The driver of the tractor-trailer that crossed the centerline was ejected from his vehicle and killed. Debris from the truck crash was scattered for a quarter of a mile down the highway and caused secondary accidents. No injuries were reported in those accidents.

Gainesville.com reports that a semi truck ran a stop sign and slammed into another semi critically injuring one person and seriously injuring a second. The truck crash happened at the intersection of Hamilton County Roads 141 and 152 in Hamilton County, Florida. Florida Highway Patrol officials report that charges in the case are pending further investigation.

KFOR.com reports that a semi-truck struck a guardrail, lost control, crossed a median and crashed into oncoming traffic on I-35 near Oklahoma City, Oklahoma, killing one person and sending two others to the hospital. The semi rolled over a Ford Ranger pickup truck and the struck another vehicle. The Oklahoma Highway Patrol is continuing its investigation. It is not known whether excessive speed played a role in this truck crash.

WNEP.com reports that a tractor trailer struck a pickup truck on Route 61 in North Manheim Township, Schuylkill County, Pennsylvania, killing the 81-year-old driver of the pickup. Pennsylvania State police responding to the scene state that the victim died at the scene.

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Consider this: A truck accident in, for example, Ohio may be complicated if the victim is from Florida, the truck driver is from Kansas, the truck is owned by a California company, the trailer owned by a Missouri company and the driver was hauling a load from California to New York. I have handled numerous complicated truck accidents throughout the United States and I am knowledgeable in the specifics of trucking law. Please feel free to contact me at michael@leizerman.com or call me at 1-800-628-4500.

DailyTribune.net reports that a semitrailer rear-ended a passenger vehicle at the 2600 Block of South Jefferson near Mount Pleasant, Tennessee, injuring one man in that vehicle. The passenger vehicle had slowed to a stop behind a flatbed trailer at the time of the accident.

CBS11tv.com reports that an 18-wheeler crashed into a dump truck on Highway 121 near Lewisville, Texas, after which the cab of the big rig crashed into a pickup truck and all three vehicles burst into flames. The driver of the big rig belonging to Leap of Faith Transportation jumped to safety from the burning truck before it fell over a bridge. One person was taken to a medical facility for treatment following the truck accident.

Newsday.com reports that witnesses saw a big rig run a red light at the intersection of Hicksville Road and Central Avenue in Bethpage, New York, and crash into a passenger vehicle and killing a mother and daughter in that vehicle. Police investigating the truck wreck are deciding whether or not to cite the driver. The victim’s were a 44-year-old mom and her 11-year-old daughter.

Rocnow.com reports that a dump truck struck the County Route 7 overpass on the New York State Thruway in Manchester, Ontario County, New York, causing the bed of the truck to detach and two vehicles to collide with the bed. Seventeen people were injured in the crash that was caused by the dump truck’s failure to have a tilt bed warning light that would have signaled the driver when the truck bed was raised. The driver was cited for not having proper equipment.

JSOnline.com reports that a container being hauled by a tractor-trailer became disconnected and fell onto a parked SUV, killing the occupant of that vehicle. The truck accident occurred on I-39 near Stoughton, Wisconsin, according to a news release from the Wisconsin State Patrol. A passenger in the SUV was also injured and was taken to a nearby hospital for treatment. Wisconsin State Police are continuing their investigation of this accident.

Deseretnews.com reports that a semi-trailer truck rear-ended a school bus at the intersection of 2800 West and State Route 13 in Corinne, Box Elder County, Utah after the bus had stopped at a stop sign. Three children aboard the bus were injured in the truck crash and the driver of the big rig was cited for following too closely.

DenverPost.com reports that a semi-trailer truck passing a car in a no-passing zone on U.S. 287 near Lamar, Colorado struck an on-coming passenger vehicle head-on, killing a passenger in that vehicle and sending its driver and a second passenger to the hospital in serious condition. The driver of the big rig was arrested for investigation of one count of careless driving causing death, three counts of careless driving causing injury, careless driving, and passing on the left where prohibited.

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Three Marine recruits were killed when a truck rear-ended them in Warren Township, Ohio on March 31st. Please keep the families of these young men in your thoughts and prayers.

The recruits, all Ohioans, were traveling on State Route 5, in Leavittsburg, Ohio, on their way to take their military entrance exams in Cleveland. Leavittsburg is about 25 miles northwest of Youngstown.

The passenger vehicle the men were traveling in was waiting at a traffic light before entering the intersection of Market and Burnett Streets in Leavittsburg around 3:45 p.m. when it was slammed into from behind by a pickup truck behind them that was rear-ended by a tractor-trailer, according to Ohio State Highway Patrol officials. The impact of the pickup hitting the recruit’s vehicle forced it into the busy intersection where it was struck by what Ohio State Highway Patrol officials describe as “several other vehicles.” Several people in the other vehicles were injured and were treated at local hospitals.

The head of the Warren Post of the Ohio State Highway Patrol, Lt. Joe Dragovich, stated that mechanical failure has been ruled out as a cause of this accident following a post-crash investigation of the big rig. Dragovich indicated that one of his questions for the driver of the tractor-trailer was whether or not he had been talking on his cell phone or texting at the time of the crash. The Ohio State Highway Patrol is continuing their investigation of this tragic crash.

In my experience, every truck accident has a cause. It now falls to investigators, law enforcement officials and qualified attorneys to help discover the cause of this accident so that justice may be served and also so that anything learned may be used to help prevent similar events in the future.

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It takes a little fire in the belly to fight with truck companies and insurance companies day in and day out. I get personally offended when, for example, an insurance company offers a pittance when one of their insured’s vehicles crosses a centerline and kills somebody’s mother. But being passionate alone is not enough. The best way to beat the truck companies is old-fashioned hard work. Please feel free to contact me at michael@leizerman.com or call me at 1-800-628-4500.

Fox8.com reports that a tractor-trailer rear-ended a passenger vehicle on State Route 5 at Burnett Road in Braceville, Ohio, killing 3 Ohio Marine Corps recruits who were on their way to take their entrance exam in Cleveland. Two other passengers in the car were transported to local hospitals where their conditions are unknown. This truck crash is still under investigation.

Kentucky.com reports that an out-of-control tractor-trailer struck and killed two roadside workers at the intersection of U.S. 460 and KY 1499 in Pike County, Kentucky. The workers were part of a tree-trimming crew working in the area. Kentucky State Police have charged the driver of the truck with two counts of reckless homicide as well as not having a valid driver’s license, not having a commercial driver’s license, having a radar detector in a commercial vehicle and not updating the log of his work hours.

BangorDailyNews.com reports that a tractor-trailer slammed into the back of a Maine Department of Transportation vehicle parked behind a road maintenance crew as protection on I-95 near Island Falls, Maine. The driver of the parked vehicle was injured and taken to a nearby hospital. Maine State Police are continuing their investigation of this truck accident.

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