Wisconsin Truck Accident Law : Trucking Injury Lawyer & Attorney for Lawsuits in Milwaukee, Madison, Kenosha, La Crosse WI

While in Los Angeles today on a different case, I learned of the tragic Phoenix bus crash that killed at least 6 people and injured more than than a dozen other people. It appears that the charter bus, which originated in Los Angeles, caused the multi-vehicle collision.

Early reports indicate that the bus driver lost control, rearending a car in front of it, and then rolling off the highway, about 30 miles south of Phoenix in the Town of Maricopa. This result in at least one semi-truck losing control and crashing as well as another car crash.

The tour bus is owned by Tierra Santa, a Los Angeles Company.

This blog will be updated once more information is available as to the root cause of the collision.

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In what must be a shock to the truck crash victims’ families, the Outagamie County District Attorney’s office has decided not to file charges against the truck driver that killed two people and injured several others. The Outagamie County D.A.’s office claims that there was not enough evidence to prove charges of homicide by negligent operation of a vehicle, because there was no evidence that the truck driver, Michael Kaiser, knew that his conduct created a substantial and unreasonable risk of death.

The semi-truck crash involved a 7 car pileup on Highway 41 in Outagamie County ten months ago. Investigators for the Wisconsin State Patrol downloaded data from the semi-truck’s Electronic Control Module (ECM-similar to a black box in a plane), which revealed that the semi-truck had the cruise control set at 64 miles per hour as the truck entered a construction zone with slowing traffic. The investigation report goes on to state the following:

In completing this reconstruction, no vehicle, highway, or environmental factors were identified as being contributory to this incident. Rather, the proximate cause of the collision is cited as the Freightliner operator’s lack of attention to the operation of his vehicle and to the approaching stop condition. It is believed that vehicles slowing near the Holland road overpass would have been visible. Furthermore, although the author did not identify any highway factors as being contributory to the incident, the presence of the “Road Work Ahead” and construction barrels should have raised the driver’s awareness level to the possibility of changing traffic conditions. Given the truck’s configuration and compliance with federal standards, it is believed that the driver could have stopped the vehicle in order to avoid the collision.

In contrast, Powertrain Control Module (PCM) data from one of the involved vehicles shows it slowing from approximately 24 miles per hour for over 20 seconds before it was struck. In the area of the collision, orange construction barrels lined the roadway, and the Freightliner had passed official signs indicating ‘Road Work Ahead.’” See the image below:

Truck drivers are trained to know that such conduct can create a substantial and unreasonable risk of death. If Michael Kaiser did not know this, then he should have known this. The Wisconsin CDL Manual, which Kaiser was required to comply with, states the following:

Slow down and be very careful if you see any of the following road hazards:

Work zones. When people are working on the road, it is a hazard. There may be narrower lanes, sharp turns or uneven surfaces. Other drivers are often distracted and drive unsafely. Workers and construction vehicles may get in the way. Drive slowly and carefully near work zones. Use your 4-way flashers or brake lights to warn drivers behind you.

What is especially appalling and upsetting to the victims’ families is that the semi-truck driver, Michael Kaiser, refused to cooperate with the investigation. In the statement he did provide authorities, he estimated his speed at 50 mph as he approached the slowing traffic. This statement directly contradicts the ECM data showing his cruise set at 64 mph.

Hopefully, Kaiser and his employer will be held accountable civilly for this easily avoidable crash

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A recent Wisconsin Dells truck accident highlights the importance of truck drivers in following the federal rules when pulling over for non-emergency stops on the side of the roadway, as well as the importance of pre-trip inspections.

The unfortunate truck accident occurred on February 9, 2010, on I-94/I-90 eastbound near exit 85 outside of Wisconsin Dells, in Juneau County. A semi-truck driver, Michael K. Johnson, 48, of Chicago, Illinois, had stopped his tractor-trailer in order to clean ice from the truck. At that time, a vehicle operated by a Chippewa Falls man and his family was traveling in the same direction and struck the rear of the semi-truck. According to reports, the semi-truck was parked in an actual lane of travel on the highway and also did not have the necessary warning signals. The Chippewa Falls residents in the car all received severe injuries and face a long road ahead of them in their recovery.

This tragic accident could have easily been avoided, had the truck driver simply been adequately trained on the federal rules and complied with them.

The first, most obvious violation by the semi-truck driver, appears to be the failure to properly inspect and remove ice from his tractor-trailer PRIOR to beginning his trip. I have blogged about the dangers truck drivers pose in not properly clearing ice and snow from their trucks several times in the past. The duty to inspect is clearly set out in the federal regulations as follows:

CFR §392.7 Equipment, inspection and use.

No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed:

…..

Windshield wiper or wipers.

Rear-vision mirror or mirrors.

If, on the other hand, ice had begun to build up after the truck driver’s departure, then the truck driver could have easily utilized one of several truck stops along this stretch of I-94/I-90, in order to safely stop to remove the ice.

The second, most obvious violation by the semi-truck driver, appears to be the failure to safely pull completely out of the lanes of travel. This is a violation of Wisconsin’s Rules of the Road.

The third, most obvious violation by the semi-truck driver, appears to be the failure to adequately utilize necessary emergency signals, which would have given the operator of the automobile ample time to identify the semi-truck and react. The federal rule, CFR §392.22, mandates the use of vehicular hazard warning signal flashers, fusees and liquid-burning flares.

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If you have been injured due to the negligence of a truck driver or trucking company, call an experienced Wisconsin Truck Accident Attorney.

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Today the United States government has finally made it illegal to “text” while driving for professional drivers of large trucks and buses. Last month, a similar ban was enacted to prohibit federal government vehicles from texting while driving. Ray LaHood, the U.S. Transportation Secretary indicated that the new ban applicable to commercial truck drivers and bus drivers will go into effect immediately.

While many states have enacted legislation banning texting while driving, many other states had not yet banned texting.

There has been many recent studies suggesting texting can be more distracting and unsafe that driving under the influence of alcohol.

Commercial bus and truck drivers actually caught while texting and driving will face a fine of up to $2,750.00.

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Caledonia -- Shortly after 7 AM, January 5, 2010, a 12-year-old boy was dropped off at the 4600 block of Charles Street by his mother in order to get on the school bus. The boy crossed Charles Street and as his bus approached, he was hit by a box truck. The boy was thrown into a nearby snow bank.

The truck, driven by Jeffrey Winker, of Kenosha, was traveling north on Charles St. According to some upset citizens, this was an accident waiting to happen, due to the advent of "straight-line" busing. Children are no longer picked up within their major subdivisions. Instead, they must walk, or be driven by their parents, to one of the major bus pickups, which is often times a very busy street. These streets are even busier during early morning and late afternoon commute times, which often times coincide with us pick up or drop off.

When interviewed by the Journal Times in July of 2008, regarding the straight-line busing practice that was newly instituted, Pat Starken, Racine Unified's transportation specialist had the following to say:

"Getting the kids to school is the primary responsibility of my department and we need to get the kids to school on time," Starken said. "We also want to reduce that run time as best as we can, and if we're not stopping every block or every other block … it's going to reduce the time that those kids are on the bus."

Perhaps now Starken, Racine Unified School District, and Durham School Services, which provides the transportation for children, will address the dangerous situation that straight-line busing has created. Perhaps they will also realize that getting the kids to school safely should be his primary responsibility, even if it means more money and less efficiency.

This will be little consolation for the 12-year-old boy who will have a long road to recovery from his fractured thigh bone and collapsed lung suffered in this morning's accident.

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A Random Lake school bus carrying 26 students was involved in a crash Tuesday, October 27, 2009, with a pick-up truck. According to investigators, the school bus driver, 51-year-old Judy Degnitz of Fredonia, proceeded from a stop sign onto Abbott Drive from Lynn Road, into the path of an eastbound Ford F-250 hauling a utility trailer. The pick-up truck slammed into the side of the school bus.

The school bus, owned by Degnitz Bus Service of Fredonia, was transporting 26 Random Lake students. The driver of the bus was cited for failing to yield the right of way to the pick-up truck. The bus driver, Degnitz, claimed she was unable to see the pick-up truck coming due to the extreme fog. She was uninjured.

The driver of the pick-up truck, Nichollas Mueller, 30, of Adell, and his two passengers, 9-year-old Tyler Kies and 7-year-old Owen Kies, were all taken to St. Mary's Hospital in Ozaukee County.  18 of the students on the school bus were treated by the school nurse for minor injuries and 2 were taken to St. Nicholas Hospital in Sheboygan.

Professional bus drivers are required to exercise "extreme caution" in poor weather conditions. The investigation continues.

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Witnesses have been able to confirm that traffic had stopped prior to the semi-truck crashing into the vehicles in the October 8, 2009, Ozaukee County semi-truck crash that resulted in 2 deaths and several injuries. Eyewitnesses observed that the vehicles struck by the tractor trailer had come to a complete stop as traffic was backed up due to road construction.

The semi-truck driver claimed he had been temporarily distracted while reaching down for a snack and when he looked up it was too late for him to avoid the collision. The driver of the tractor trailer, Curtis D. Hawkins, of Dexter, Missouri, was operating under the authority of S & J Potashnick Transportation, Inc., 411 Lynual Sikeston, Missouri 63801. S & J Potashnick Transportation, Inc. operates and does business as PTI Potashnick Transportation, Inc. or simply as PTI.

According to records kept by the Federal Motor Carriers Safety Administration, PTI drivers have received 33 moving violations in the last 30 months, 28 of which were for speeding. During this same period of time, federal records also show that the PTI received 12 federal rule violations, including falsifying log books and violating the hours of service requirements.

PTI has grown from owning and operating 26 tractor trailers in September of 2008 to their current number of 71 power units. Despite this growth, federal records show they only have the minimum required amount of insurance of $750,000, which will be substantially insufficient to adequately compensate the injured parties and the families of those killed.

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Regretfully, last Thursday's, October 8, 2009, Ozaukee County semi-truck accident has now resulted in the death of a Mequon woman that was critically injured in the crash. Mary J. Parker passed away Tuesday at Froedtert Hospital in Wauwatosa. She was a passenger in her 1995 Cadillac Seville, which was being driven by Jimmie D. Juhaz, 64, of Cedar Grove, who had to be extricated from the car after the semitrailer truck slammed into them and an SUV on northbound I- 43 in the Town of Belgium, Ozaukee County, Wisconsin.

The crash also resulted in the death of the driver of the SUV, Donald J. Sherman, 78, of Stickney, Illinois. Mr. Sherman's wife, Roberta, and two others were injured in the collision.

The two vehicles that were struck by the semi-truck had slowed to exit on Highway D because I-43 was closed between Belgium and Cedar Grove for emergency repairs to the shoulder of the freeway.

According to authorities, the semi-truck driver, Curtis D. Hawkins, 36, of Dexter, Missouri, claimed he had been reaching for a snack and when he looked up he realized he was closing in on the Cadillac. At that point it was too late to stop and the semi-truck slammed into the Cadillac and then the SUV driven by Sherman, dragging it over 100 yards before coming to rest in the ditch.

The roads were also wet at the time, as it was raining. Professional truck drivers are required to use extra caution in poor weather conditions.

Authorities say charges have not yet been issued against Hawkins or the trucking company.

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Just after noon today, October 8, 2009, a tragic semi-truck collision in Ozaukee County has left one victim dead and several others injured. Authorities have not yet released the cause of the collision but there is speculation that it may have been due in part to a combination of speed, inattention and the road construction and lane closure, which was just north of the accident scene.

The collision occurred in the northbound lanes of I--43 just south of County Highway D.

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 Learn More About Wisconsin Truck Accident Law

Contact a Wisconsin Truck Accident Attorney

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