Actionable Law Blog

On a historic Manhattan street located approximately 10 blocks to the north of the World Trade Center, a 565-foot long crane came tumbling down during Friday morning commute hours recently. One pedestrian was killed by the crane, which had collapsed. A row of parked vehicles was also crushed when the crane collapsed.

In this particular case, it was a pedestrian who died. Crane collapses, unfortunately, often cause workplace injuries to people on construction sites. Workers and every other pedestrian and individual on the roads of New York need to be aware of the dangers of cranes. The risks are so grave that New York City actually immediately began implementing new safety procedures in the aftermath of the deadly accident which led to a 38-year-old pedestrian dying.

Crane Collapse Shows the Need for Grater Crane Safety

The investigation into why the crane collapsed recently is expected to take weeks to be resolved. The Department of Buildings had actually visited the worksite the morning before the deadly accident and found the worksite to be “in proper order,” according to Insurance Claims Journal.  The New York Police Department and the Department of Buildings are both looking into how the crane collapsed. A forensic investigation is also underway, with the crane itself being studied to determine if there are clues on how the incident occurred.

As the investigation unfolds to determine how the accident happened, Mayor Bill de Blasio is also taking steps to make sure future similar tragedies do not occur. For example, after the crane collapsed on the fateful day, NYC officially ordered all 376 crawler cranes which were in the area to be secured due to wind gusts.  Crawler cranes are just like standard cranes in many ways; however, crawler cranes do not have wheels to move. Instead, crawler cranes resemble tanks in how they get around because they have tracks instead of wheels.

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Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP
Manhattan
233 Broadway
New York, NY 10279
(212) 341-7900

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Underride accidents are among the most deadly of all truck accidents which occur in the United States. There are regulations requiring the use of underride guards to try to prevent these serious and often fatal truck crashes. The regulations, unfortunately, are inadequate and are not making a substantial difference in preventing tragedy. There could, however, be new regulations on the horizon which hopefully will help to reduce underride risks.

New Rules Aim to Prevent Underride Truck Accidents

National Highway Traffic Safety Administration (NHTSA) has a issued Notice of Proposed Rule Making. In December of 2015, the NHSTA put forth this notice of intent to make a rule because the Administration is trying to improve the requirements applicable to underride crash prevention.

There are currently mandates that most tractor trailers and semi-trucks have bars hanging down in the back to prevent underride accidents by stopping cars from going under trucks. Unfortunately, the bars are not working as well as they should. The NHTSA wants to modify Federal Motor Vehicle Safety Standards (FMVSSs) to create tough new rules in FMVSS No. 223 and 224.  The rules would change requirements for rear impact guards and rear impact protection in trailers and semitrailers.

The Insurance Institute for Highway Safety (IIHS) has been urging NHTSA to change rules for rear guards to prevent underride accidents for around a decade. IIHS has warned the current requirements are not good enough. Underride accidents are still happening far too often, despite the protections in place. In fact, an estimated 423 annual fatalities and 5,000 annual injuries happen in truck crashes when an underride occurs.  Finally, the NHTSA has acted – although it will still take some time before the proposed rule for underride guards can actually move through the full process necessary to become a regulation.

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Twenge + Twombley Law Firm
311 Carteret Street
Beaufort, SC 29902
866-452-6315

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Victims of Alabama truck accidents may be entitled to receive compensation from truck drivers if the driver was to blame for the accident. A victim who wishes to pursue a claim for compensation should make sure to understand the obligations imposed by the Federal Motor Carrier Safety Administration (FMCSA).

There are numerous rules and obligations applicable to truck drivers and to trucking companies which are in the Federal Motor Carrier Safety Regulations (FMCSRs). These rules affect the rights of victims of truck accidents who seek to make damage claims.

The Importance of Knowing Federal Laws in Truck Accident Cases

Victims of truck accidents need to know the FMCSRs because the federal rules provide some important protections for victims. FMCSR number 387.9, for example, establishes minimum financial responsibility requirements. Trucks have to be insured for at least $750,000, so this large liability policy exists to provide money to compensate truck crash victims who are harmed in accidents. If a truck is transporting hazardous materials, the minimum liability insurance requirements could be set as high as $5 million.

Alabama laws on car insurance require just $25,000 per collision and $50,000 per accident in liability insurance coverage for passenger cars. When there are multiple victims of an accident and a driver has only the minimum coverage, the $50,000 aggregate limit may provide limited or no protection to victims. The larger insurance limits are one way in which federal laws protect Alabama truck accident victims, and victims need to be aware of this protection as they consider whether to settle a truck accident claim and what settlement amount is appropriate.

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Dean Waite & Associates, LLC
412 Dauphin Street, Suite BB
Mobile, AL, 36602
Toll free: (866) 434-5840

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Every truck driver and trucking company has a responsibility to prevent truck accidents in Fort Worth. Truckers should exercise reasonable precautions and drive safely, while trucking companies should be careful in their hiring practices.  Although individual drivers and trucking companies have a big role to play in preventing truck accidents, there are others who need to do their part as well. In particular, federal regulatory agencies should impose stricter regulations to address some of the most important issues for truck safety.

Federal Regulators and Truck Accident Prevention

In December of 2015, the National Highway Traffic Safety Administration (NHTSA) issued a Notice of Proposed Rule Making indicating the agency would be modifying the rules related to required underride protection.  Underride protection is safety equipment designed to prevent cars from going under trucks when a car and truck are involved in a collision.  Current rules for underride protections are inadequate, and the NHTSA aims to impose stricter regulations so fewer underride accidents happen.

This is good news, although the rule making process will take a long time – the new rules will not immediately begin providing protection for motorists from deadly underride truck accidents.  The bad news is that the proposed rule comes too late to save the lives of hundreds of people who have died in truck accidents already. Consumer Affairs reported recently on an advocacy group called AnnaLeah and Mary for Truck Safety, named after two sisters who were killed when a tractor-trailer with an overtired driver hit their vehicle. Because there were inadequate underride protections, their car got trapped underneath the truck. The lives of the sisters could perhaps have been saved if there were underride protections in place at the time.

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Coby L. Wooten,
Attorney at Law, P.C.
Dallas Office
1701 N Market Street #201A
Dallas, Texas 75201
(By Appointment Only)
Toll Free: 866-408-0940
Local: 817-632-8400

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