Severe Fog Contributes to Sheboygan County Truck Crash

Severe fog has contributed to a Sheboygan semi-truck crash that resulted in at least 2 injuries. The crash occurred about 8:00 a.m. on March 9, 2010, at Sheboygan Highway County PP and Prairie Road.

The crash occurred when one semi-truck, driven by Justin Simon, 27, of Fond du Lac, Wisconsin, and owned by Dierks Waukesha, a Wisconsin food distributor, was stopped on County PP, waiting for traffic to clear before negotiating a left-hand turn. A jeep driven by Timothy Christensen, 45, of Plymouth, Wisconsin, was stopped behind the Dierks Waukesha semi-truck. At that time, another semi-truck, driven by Steven Guelig, 51, of Cascade, Wisconsin, and owned by owned by Schwind Trucking, LLC, out of Glenbeulah, Wisconsin, approached the vehicles from behind and was unable to stop his semi-truck in time, colliding with the jeep, essentially sandwiching it between the two semi-trucks.

The crash also resulted in the severing of both tractor-trailer’s diesel lines, spilling fuel all over the scene, including fuel being spilled near an electrical transformer. The semi-truck crash resulted in the following entities being called to the scene:

  • Sheboygan County Hazmat Team
  • Wisconsin Department of Natural Resources
  • Sheboygan County Sheriff's Department
  • Wisconsin State Patrol
  • Plymouth Police Department
  • City of Plymouth Fire Department
  • Town of Plymouth Fire Department
  • Plymouth Ambulance
  • Jaws of Life Unit – Plymouth

Preliminary investigations have determined that the Schwind Trucking semi-truck operated by Guelig, was operating too fast for the poor weather conditions. Federal law requires truck drivers to use extreme caution in dangerous weather conditions, including fog.

According to the Federal Government, Schwind Trucking owns 10 tractor trailers and employs 10 drivers. Schwind Trucking drivers have received at least 5 moving violations and have been involved in at least one prior state-reported crash within the last 30 months.

A search has revealed that Schwind Trucking is insured up to $1,000,000 by Employers Mutual Casualty Co.

Amazingly No Charges to Be Filed in Double Fatality Outagamie County Truck Crash

 

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

 

Trucking Company Involved in Ozaukee County Fatal Truck Crash Cited Many Times in the Past

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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Ozaukee County Semi-Crash Results in Another Fatality

Ozaukee County Semi-Crash Kills TwoRegretfully, 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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Ozaukee Semi-Truck Crash Leaves One Dead and Several Injured

Ozaukee County Truck Accident Kills One, Injures SevenJust 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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UPS and ATV Crash

In Amberg Wisconsin on Highway 141, a 35 year old driver was traveling down the road on an ATV when he crossed the center line and was hit by an oncoming U.P.S. Delivery Semi.  The driver of the ATV was said to be killed instantly after the crash.  Authorities feel as if alcohol was a factor in the accident but are not sure.

The semi driver, 43-year-old Marvin Emond of Kingsford, tried to avoid the crash.  He left the road, and hit several trees. He had to be extricated from the semi, using the jaws of life and was taken to St. Vincent Hospital in Green Bay, where he is listed in fair condition.

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Tour Bus Rolls over in Waupun

Several people are hurt including the driver after a bus crash on Highway 151 just south of Highway 49, near Waupun, IN.

The driver lost control about 3:30 Tuesday morning and crashed into a guard rail.  Sheriff Todd Nehls says the guard rail did exactly what it was supposed to do and prevented the bus from going down an embankment.  It pushed the bus back onto the highway, where it rolled over.

Authorities say 8 people were hurt, 6 with minor injuries, and two with more serious.  One of the victims was taken by helicopter to Clark Medical Center with internal injuries.  Investigators don't believe alcohol or excessive speed were factors in the crash.

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Dump Truck Involved in Accident

The driver of a dump truck, Kurt D. Rosenthal, 49, of Wisconsin Rapids was involved in a car accident injuring two teens.  The crash happened Sunday afternoon at 12:42 pm where according to officials Rosenthal was traveling south on Highway U and continued to make a left turn onto Towline Road when his truck struck another vehicle.  The driver of that vehicle Cody J. Knutson, 17 and his passenger Jason A. Jazdzewski, 17 both flown to Saint Joseph’s Hospital in Marshfield after they were extricated from their car. Knutson was listed in fair condition Thursday at Saint Josephs and Jazdzewski was released from the hospital Tuesday. Rosenthal however, was left with two citations for failure to yield the right-of-way and inattentive driving. 

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Columbia County Semi-Truck Crashes After Driver Falls Asleep, Injury Two

The driver of a semi-truck fell asleep around 4 a.m., on July 25, 2009, and crashed into a highway overpass. The truck crash occured on Interstate 39/90/94 and County Highway K in Columbia County, Wisconsin.

The Wisconsin State Highway Patrol indicated the semi-truck driver, Alcie Boyd, of Bozeman, Montana, was apparently traveling westbound on I-39/90/94 near Arlington, when he fell asleep, resulting in the semi driving up an embankment and hitting the overpass of County Highway K. The semi-truck became wedged between the overpass and the ground, resulting in substantial damage to the overpass and Highway K.

Boyd, and his passenger, George McDougle, of Union, Mississippi, were both injured and transported to UW Hospital in Madison, Wisconsin.

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Schneider National Semi-Truck Crashes on I-45

A Schneider National semi-truck caused huge traffic delays on Monday afternoon, June 15, 2009. The tractor-trailer lost control and overturned, blocking all four lanes. Traffic had been backed up and it appears as though the semi-truck driver, Mark Nunnally of Illinois, was unable to stop in time. The Milwaukee County Sheriff's Department cited Nunnally for reckless driving and failure to maintain control of his vehicle.

The semi-truck crash resulted in some rather extraordinary photographs and video footage. The semi-truck jackknifed, striking several vehicles. Then the Schneider National semi-truck overturned onto the back of a small pick-up truck, dragging it 200 feet. Fortunately, the driver of the pick-up truck does not appear to have sustained severe injuries. Witnesses say that if the semi-truck had been six inches closer to the cab of the pick-up truck, then the driver of the pick-up would likely have been crushed by the trailer.

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Truck Driver Involved in Deadly Wisconsin Truck Crash Finally Found Guilty

The man responsible for losing control of his semi-truck in Chippewa Falls has finally been convicted, three and a half years after the crash. On Wednesday, a federal jury found Michael Kozlowski of Schererville, Indiana, guilty of 20 counts of making false entries in his trucking log. Each individual conviction could result in up to five years in federal prison. Kozlowski's sentencing will be held on July 24, 2009, by U.S. District Judge Barbara Crabb.

Kozlowski was acquitted by a jury after a trial in state court two years earlier. The prosecutors in that case charged Kozlowski with several different counts, including five counts of negligent homicide. Kozlowski's attorney in that case argued that the crash was primarily the fault of the man driving the bus that crashed into Kozlowski's overturned semi, because the bus driver was not wearing his eyeglasses.

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Fatal Wisconsin Truck Crash on Highway 41 in Outagamie County

Outagamie Truck CrashThe Wisconsin State Patrol is investigating a semi-truck rollover accident that resulted in at least one fatality. The accident occured on Highway 41 in Outagamiie County near the Holland Road exit. At least three other people were airlifted to Theda Clark Hospital. According to the hospital spokesperson, they were identified as a 66 year-old Mosinee, Wisconsin man in good condition, a 44 year-old Appleton, Wisconsin man in serious condition, and a 27 year-old Greenville, Wisconsin woman in critical condition.

Preliminary investigations and witnesses seem to suggest that the wind may have played a role in causing the semi-truck to lose control and rollover.

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Washington County Truck Accident Kills Three and Injures Four

On Sunday morning, a 1-ton flatbed truck caused a tragic truck accident. Early investigations have revealed that the flatbed truck lost control while traveling up an icy hill on State Highway 164 in the Town of Richfield. After losing control, the flatbed truck crossed the center line and collided with an SUV operated by 42 year-old Karl Ziebart, who was on his way to church with his wife, their children and two other children.

The collision fatally injured Karl Ziebart, his 9 year-old son, Luke, and a 12 year-old friend of the family that was accompanying the family to church. The other passengers in the SUV, Ziebart's 40 year-old wife, Denise; their other two children; and the brother of the 12 year-old family friend, all suffered serious personal injuries and were transported to area hospitals.

The flatbed truck was owned by Terra Tec Landscapes Inc., a Washington County landscaping company. The driver of the truck and his passengers are all being held in the Washington County Jail under suspicion of being in the country illegally. According to state records, it appears that the driver of the truck did hold a valid Wisconsin driver's license. However, it has yet to be determined what, if any, training the truck driver received from Terra Tec regarding the operation of the 1-ton flatbed truck on icy roads. Authorities have also not yet disclosed the truck driver's prior driving record.

Our thoughts are with the crash victims and their families.

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Rock County Truck Crash Kills One

The Wisconsin State Patrol is investigating a truck vs. truck crash that resulted in fatal injuries to 75 year-old Frank C. McIntyre of Beloit. The truck accident occured at approximately 4:00 p.m. on February 24, 2009, on State Highway 11, near South Potter Road in Spring Valley Township.

Preliminary investigations showed that a heavy duty Chevrolet bucket truck, being driven by 29 year-old Austin R. Hauser, of Orfordville, was pulling a trailer loaded with a Bobcat, when the trailer began to sway. Eventually, the trailer broke free from Hauser's truck, crossing the center line of West State Highway 11 and into the path of McIntyre's vehicle.

Based upon early reports, it appears that Hauser failed to maintain control of the trailer he was hauling. It is still unknown whether speed and/or faulty equipment played a role in the crash.

Orfordville Fire and Rescue were able to remove McIntyre from his truck that had come to rest on the south ditchline of West State Highway 11. McIntyre was immediately transported to Mercy Hospital in Janesville, where he was pronounced dead at 6:20 p.m.

Our thoughts are with McIntyre's family for this tragic crash.

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Ohio Woman Killed in Truck Accident With Milwaukee, Wisconsin Semi-Truck Driver

34 year-old Dorian Somogyi, of Ravenna, Ohio, sustained crtical injuries on February 2, 2009, when the Ford Fusion she was driving collided with a semi-truck. The accident occurred at the intersection of N. Freedom and State Route 88, in Ravenna, Ohio.

While the accident remains under investigation, a witness at the scene indicated that it appeared as though the semi-truck had slid through the intersection in an attempt to stop for a red light. The tractor-trailer left a substantial amount of skid marks at the scene.

The semi-truck was owned by Spoerl Trucking of Ixonia, Wisconsin, and was being operated by Troy Gates, 55, of Milwaukee, Wisconsin.

The accident remains under investigation by authorities.

Our deepest condolences go out to the vicitms family.

Two Semi-Trucks Lose Control and Jacknife, Causing Multi-Car Pileups in Milwaukee

 

As the temperatures dropped in the early morning hours of January 13, 2009, two separate semi-truck accidents caused major delays on US-41/US-45.

On US-45 Southbound, around 5:30 a.m., a semi-truck lost control and jackknifed, causing an 11 car pileup. While most the cars were able to stop in time to avoid the semi-truck, some were not so fortunate and crashed into the semi-truck. Ambulances were on the scene.

In a separate crash that occurred around 3:00 a.m., on US-45 Northbound, another tractor-trailer lost control and jackknifed near the Good Hope Road exit, near Park Place. The Northbound lanes were closed for over two hours.

While icy road conditions contributed to the semi-truck accidents, clearly the truck drivers were traveling too fast for the dangerous conditions. Again, these truck drivers failed to use "extreme caution" when operating their rigs, in violation of federal law.

 

Truck Driver Falls Asleep, Seriously Injuring Wisconsin Man

On the morning of January 6, 2009, a semi-truck driver from Minnesota apparently fell asleep and lost control of his tractor-trailer, seriously injuring a man from Portage, Wisconsin. The semi-truck accident occurred on Interstate 39/Interstate 90/Interstate 94 in Columbia County, near the Lodi exit.

The Wisconsin State Patrol is investigating the semi-truck crash. Preliminary investigations have indicated that the semi-truck driver, John Sellers, of Big Fork, Minnesota may have fallen asleep at the wheel. The semi-truck was traveling northbound on  I-39/I-90/I-94, when it crossed into the grassy median and continued into the southbound lanes of travel. The tractor-trailer eventually struck a pickup truck being driven by the Portage man.

Officials have indicated that the semi-truck accident victim was 54 year-old Terry L. Anderson. Mr. Anderson had to be flown to University Hospital in Madison, via MedFlight.

No additional details on the semi-truck driver’s condition or driving history have been released. If the truck driver did indeed fall asleep at the wheel, then investigators will likely closely inspect the driving logs and hours of service records of the driver of the tractor-trailer. For more information see our page on Truck Driver Fatigue.

Logging Truck Accident in Vilas County

The Wisconsin State Patrol is investigating a multi-vehicle crash on Highway 70 in Vilas County that occurred around 10:00 a.m. on December 23, 2008. Several people involved in the accident were transported to the hospital and at least one injury victim was med-flighted to a hospital.

Sgt. Mark Giebudowski of the Lac du Flambeau Police Department indicated that the road conditions were poor due to the weather, but a full accident reconstruction is still underway. There were at least four vehicles involved in the crash, one of which was a logging truck. The logging truck was in the ditch and had lost its load of logs at the scene.

14-Vehicle Pileup on U.S. Highway 41 In Brown County Near Suamico

On December 23, 2008, 14 vehicles were involved in a crash on U.S. 41 near County B. At least 10 people were hurt, but fortunately the injuries were not life threatening. Not surprisingly, the driving conditions were poor due to the weather. While the accident is still under investigation by the Brown County Sheriff’s Department, it appears that speed and following distance played roles in causing the multi-vehicle crash.

At least two semi tankers hauling gasoline were involved in the crash. It appears they too lost control in the collision. While 14 vehicles were involved in the crash, many other drivers were able to keep their vehicles under control and avoid the crash. This illustrates that while poor driving conditions may have played a role in the crash, speed and following distance were major factors.

Multi-Car PIleups, Reporters Often Get It Wrong

 

Within the last week, there have been several semi-truck accidents throughout Wisconsin. Many accidents involved multi-car pileups. Many newspaper reporters and television news reporters have been incorrectly reporting that weather was to blame for these pileups. While weather likely played a role in all of the collisions, driving too fast for conditions or following too closely were the other causes.

If weather alone was to blame, then why were some of the vehicles that approached the pileup able to stop in time without losing control and becoming involved in the collision? The reporters that incorrectly attribute multi-vehicle crashes to the weather may find the following information useful.

If any of the people injured in these multi-car crashes bring civil suits against the other drivers, the Wisconsin Civil Jury Instruction on “Cause” will be used at the trial. The Wisconsin Civil Jury Instructions are form instructions that the Courts use to inform the jury about the law.

The Wisconsin Civil Jury Instruction on “Cause” provides the following:

Wisconsin Civil-Jury Instruction 1500 Cause

In answering question(s) ________, you must decide whether someone’s negligence caused the accident. This question does not ask about “the cause” but rather “a cause” because an accident may have more than one cause. Someone’s negligence caused the accident if it was a substantial factor in producing the accident." © 2006, Regents, Univ. of Wis.

Reporters should note the key language used in the instruction, “an accident may have more than one cause.”

Drivers in Wisconsin are required to travel at a speed and follow at a distance that allows them to stop when they see a hazard. Drivers cannot claim that a whiteout or slippery roads were to blame for an accident. Wisconsin drivers have to slow down or pullover when such conditions are so bad that they affect the ability to stop or see.

The following Wisconsin Civil Jury Instruction on “Speed: Obstructed Vision” provides guidance on appropriate speed:

Wisconsin Civil-Jury Instruction 1310 SPEED: OBSTRUCTED VISION

A driver of a motor vehicle on a highway has a duty to drive at a rate of speed that will permit the driver to stop within the distance the driver can see ahead. This means that if, by reason of snow, the distance that the driver can plainly see objects or obstructions ahead of is reduced, then the driver must drive at a rate of speed that will enable the driver to bring the car to a standstill within the reduced distance. When a driver's vision is completely obscured, it is the driver's duty to slow down, or even stop, until the cause of the obscured vision is at least in part removed." © 2008, Regents, Univ. of Wis.

Semi-truck drivers or any other drivers that claim the weather caused an accident are usually incorrect. While weather may be A cause of a multi-vehicle collision, it is usually not THE cause. One must look at ALL of the causes of an accident. This is especially true in multi-car pileups.

 

Driver Dies in I-94 Waukesha County Semi-Truck Crash

In the early morning hours of November 12, 2008, an accident involving two semi-trucks leaves one driver dead. The accident occurred on I-94 just West of Moreland Road, in a construction zone.

Preliminary investigations indicate that the accident was in part caused by a passenger vehicle that lost control. This vehicle, which was traveling westbound on I-94 in the construction zone, apparently lost control, hit the divider wall and then cut in front of two tanker semi-trucks. One of the semi-trucks also lost control and overturned, dumping tens of thousands of gallons of hot tar onto the roadway. One of the drivers suffered fatal injuries. Early reports do not indicate which vehicle the deceased victim was driving at the time of the wreck.

Walworth County Semi-Truck Crash Kills One and Injures Another

Walworth County Semi-Truck CrashOn October 30, 2008, a Semi-Truck crashed into an SUV, pushing it into the rear of another semi-truck. The accident occurred near Highway 11, west of Highway DD, in Spring Prairie Township, in Walworth County. As the photograph of the SUV illustrates, the collision essentially pinned the SUV between the two semi-trucks.

The driver of the SUV, George O. Smith Jr., 50, was taken to a Milwaukee-area hospital via a Flight for Life helicopter. Tragically, his father, George O. Smith Sr., 78, of Burlington, who was the front-seat passenger in the SUV, did not survive the crash.

Preliminary investigations have shown the lead semi-truck, a truck being operated by J.B. Hunt, had slowed or stopped for utility work that was being done by WE Energies in the area. It appears as though the SUV had also slowed or stopped, prior to being slammed from behind by the second semi-truck.

The driver of the second semi-truck, Darin Pleines, of Clofax, Illinois, admitted to authorities that immediately before the crash, he had taken his eyes off the road while reaching down for a soda. His trucking company also had citations as recent as July of 2008, for failing to adequately maintain the brakes in some of their tractor-trailers. However, it is unknown if brake failure played a role in the crash.

At this time, many questions remain unanswered, some of which include the following:

  • Was the driver of the second semi-truck in compliance with the hours of service requirements, and if not, did fatigue play a role in causing the crash?
  • Did the J.B. Hunt semi-truck engage it’s emergency flashers when stopping or reducing it's speed and if so, did this play a role in causing the crash?
  • Did WE Energies provide adequate warnings in the area and if not, did this play a role in causing the crash?
  • Did the J.B. Hunt semi-truck have proper underride equipment and if not, did that play a role in the extent of the injuries?

Meanwhile, the investigation continues. Click for more information about Wisconsin Truck Accidents and here for more information about Truck Driver Fatigue.

Wisconsin Grand Jury Indicts Truck Driver For Falsifying Drivers' Logs

On October 22, 2008, a Madison federal grand jury indicted the semi-truck driver involved in the 2005 tractor trailer truck accident that killed five Wisconsin residents and injured dozens others. The accident involved a  bus carrying members of the Chippewa Falls High School Band, which slammed into an overturned semi-truck, moments after the semi-truck driver lost control.

The semi-truck driver, Michael J. Kozlowski, of Indiana, was acquitted of all criminal charges last year in state court, including a negligent homicide charge. The new federal charges stem from the truck driver falsifying his driver logs.

According to the indictment and the investigation by the National Transportation Safety Board (NTSB), the truck driver had falsely logged 10 hours of sleep time on 12 separate occasions. All of the false logs occurred within a three month period in fall of 2005.

Under federal law, semi-truck drivers are required to record their hours of service. This includes documenting the amount of time driving, as well as time sleeping and time off. The NTSB investigation concluded that truck driver fatigue was a major factor in causing the crash. Visit our Wisconsin Truck Driver Fatigue page for more information on hours of service requirements.

 

Utility Truck Runs Stop Sign Critically Injuring Two Year-Old Girl

On Thursday, October 2, 2008, at about 10:40 a.m. in Grand Chute, Wisconsin, a utility truck ran into a minivan at Northland Avenue and US-41. The utility truck was hauling metal and PVC piping. Upon impact with the minivan, a piece of metal piping was launched into the passenger side of the minivan.

A two-year old girl, seated in her childseat in the minivan, was critically injured. The girl was transported to Theda Clark Medical Center in Neenah, Wisconsin, and was later transferred to Children’s Hospital in Milwaukee, Wisconsin. At last report, she remained in critical condition.

A preliminary investigation of the accident revealed that the 36 year-old driver of the utility truck was heading west as the minivan was turning east onto Wisconsin 15 from the US-41 southbound off ramp. It appears as though the driver of the van ran a stop sign, crashing into the minivan.

The Wisconsin State Patrol is currently in the process of doing an accident reconstruction of the tragic collision. The critical questions in the investigation appear to be the reasons why the driver failed to stop at the stop sign, as well as the reason why the metal piping was not properly secured in order to prevent it from being launched from the utility truck.

The majority of heavy trucks that operate within Wisconsin are subject to most of the requirements of the Federal Motor Carriers Safety Regulations, either directly or indirectly, because of the adoption of the federal regulations by Wisconsin law. If indeed the utility truck was required to comply with the Federal Motor Carriers Safety Regulations, then the truck driver would have been required to safely inspect and secure the metal and PVC piping. The shipper may also have had a responsibility to adequately secure the load.

 

Deadly Indiana Accident Traced to Wisconsin Semi-Truck Trailer Tire

The Indiana State Police have traced the cause of a tragic semi-truck crash back to a tire that flew off of a semi-trailer owned by a Wisconsin trucking company. The crash occurred on September 25, 2008.

Investigators concluded that the right-side rear tandem axle separated from the trailer. One of the wheels then separated from the tandem and continued traveling into the southbound lanes. Eventually becoming airbound and striking a FedEx semi-truck, causing the FedEx truck to lose control. The FedEx semi-truck traveled through the median and into the opposite lanes of travel. Eventually, three northbound vehicles were unable to avoid striking the FedEx truck.

The crash killed two people. Vania Shields was an EMT with the Wayne Township Fire Department. She was 33 years-old. Charles Gould III, was a 28 year-old chemist who worked in the Marion County Crime Lab.

The Indiana State Police investigators worked closely with a forensic scientist and the state crime lab to determine that the tire and wheel found near the I-65 crash scene was owned by the Wisconsin trucking company Millis Transfer, Inc., of Black River Falls, Wisconsin.

Millis Transfer, originally a beer transporter, is a large Wisconsin trucking company with nearly 700 semi-trucks. Millis Transfer owns maintenance facilities in the following cities: Black River Falls, Wisconsin; Richfield, Wisconsin; Weedsport, New York; Streeter, Illinois; Cartersville, Georgia; and Trenton, Ohio. Millis Transfer also has drop yards in the following cities: Ridgeway, Virginia; Albany, Georgia; Baltimore, Maryland; Atlanta, Georgia; Milwaukee, Wisconsin; Ft. Worth, Texas; and St. Louis Missouri.

Investigators were not clear as to when the Millis Transfer trailer was last inspected, repaired or maintained. The incident remains under further investigation.

Federal law requires trucking companies to systematically inspect, repair, and maintain their equipment, pursuant to §396.3 F.M.C.S.R. Truck drivers are also required to thoroughly inspect their vehicles prior to each trip. A Truck Driver Inspection Report must be completed prior to each trip, pursuant to §396.13 F.M.C.S.R.

Wisconsin Motorcycle vs. Semi-Truck Crash Kills Two

Town of Schley, Lincoln County, Wisconsin - The Lincoln County Sheriff's Department is reporting that a September 23, 2008, collision involving a motorcycle and semi-truck has resulted in two fatalities.

While accident reconstructionists are working to determine the exact circumstances surrounding the collision, initial reports seem to indicate that semi-truck turned in front of the oncoming motorcycle. It appears that the truck driver may have turned in front of the oncoming motorcycle despite having his view obstructed by a turning school bus.

The motorcycle driver, twenty-two year-old Andrew Hitt of Mosinee, and his passenger, nineteen year-old Kayla L. Shafel of Bryant, were both transported from the scene to Good Samaritan Health Center in Merrill. Kayla was then flown to UW Hospital in Madison but passed away while enroute. Andrew was flown to Saint Joseph's Hospital in Marshfield, where he where he passed, according  to the Lincoln County Sheriff's Department.

If the accident reconstruction confirms the initial report, then the semi-truck driver seems to have violated all of the following Wisconsin Rules of the Road:

  1. Failing to Maintain a Proper Lookout
  2. Failing to See an Object in Plain Sight
  3. Failing to Yield the Right of Way
  4. Making an Improper Turn

The investigation may also reveal violations of the Federal Trucking Regulations on the part of the truck driver or trucking company.

Follow these links for more information about Wisconsin Truck Accidents or Wisconsin Motorcycle Accidents.

For ongoing information about the investigation of this tragic accident, visit the local news station website WSAW or the Wausau Daily Herald.

Fatigue Causes Tragic Wisconsin Truck Accident

In a report issued by the National Transportation Safety Board (NTSB) this week, driver fatigue was again identified as the primary cause of a tragic trucking accident.

The NTSB report arose out of the investigation of the 2005 Wisconsin collision between a bus and a semi-truck. The results of the investigation showed that the Whole Foods truck driver was suffering from fatigue at the time of the collision and most likely fell asleep. The NTSB concluded that the semi-truck driver likely fell asleep, resulting in the truck jackknifing and overturning on the westbound lane of I-94 near Osseo, Wisconsin. The report concluded that the bus, carrying the Chippewa Falls High School band, did not have enough time to react and slammed into the tractor-trailer. Five people were killed and another 35 people were injured.

NTSB Acting Chairman Mark V. Rosenker stated the following:

"Human fatigue has been a persistent factor in far too many transportation accidents.  And if anything, the problem is growing not shrinking.  More needs to be done to reverse the trend so fewer of these tragic accidents come before the Safety Board."

Truck driver fatigue is the single leading cause of semi-truck accidents. The NTSB has made the following recommendations:

To the Federal Motor Carrier Safety Administration:

  • Develop and implement a plan to deploy technologies in commercial vehicles to reduce the occurrence of fatigue-related accidents.
  • Develop and use a methodology that will continually assess the effectiveness of the fatigue management plans implemented by motor carriers, including their ability to improve sleep and alertness, mitigate performance errors, and prevent incidents and accidents.

To the National Highway Traffic Safety Administration:

  • Determine whether equipping commercial vehicles with collision warning systems with active braking and electronic stability control systems will reduce commercial vehicle accidents.  If these technologies are determined to be effective in reducing accidents, require their use on commercial vehicles.

The full NTSB investigative press release follows.

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MIlwaukee Semi-Truck vs. Motorcycle Accident

On August 27, 2008, at approximately 12:15 p.m., Milwaukee police responded to a semi-truck vs. motorcycle accident. The accident occured in Milwaukee at 91st and Good Hope Road.

The motorcycle driver was taken from the scene by ambulance to Froedtert Hospital. It appeared that he was conscious and was able to move his limbs. He was wearing a helmet.

Police were still investigating the cause of the collision. It was not immediately clear if the truck was at fault or if the motorcycle had ran a red light.

The motorcyclist is fortunate not to have sustained more serious injuries. More information about Wisconsin Motorcycle Accidents.

More information about Wisconsin Truck Accidents.