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.

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.

Washington, D.C. - Today the NTSB determined that human fatigue was the probable cause of a truck-tractor semitrailer rollover accident that resulted in a subsequent collision of a motorcoach with the overturned truck, killing five and injuring thirty-five on the motorcoach.

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

Just before 2 a.m. on October 16, 2005, a truck-tractor semitrailer traveling westbound on the I-94 highway near Osseo, Wisconsin, departed the right-hand lane and traveled along the earthen roadside before re-entering the highway where it overturned, coming to rest on its right side and blocking both westbound lanes.  About a minute later, a chartered 55-passenger motorcoach, carrying members of a high school band, and traveling at highway speeds crashed into the underside of the overturned truck.  The motorcoach driver and four passengers were fatally injured.  Thirty-five passengers received minor to serious injuries, and five passengers were not injured.  The truck driver received minor injuries.

The Safety Board determined that the driver of the truck- tractor semitrailer was fatigued and fell asleep at the wheel because he did not use his off-duty time to obtain sufficient sleep to safely operate the vehicle.  With the low-light conditions of a dark night, the motorcoach driver was unable to see the truck blocking the travel lanes in time to avoid the collision. 

The Safety Board also found that had the truck been equipped with technologies to detect fatigue, the systems might have prevented or mitigated the severity of the accident.  And had the motorcoach been equipped with a collision warning system with active braking, the severity of the accident may have been significantly reduced.

"In this tragic accident, we can clearly see how the advanced vehicle safety technologies, some of which are already fully developed and in use, could have made a big difference here," said Rosenker.  "This Board is going to continue to be a strong advocate for the implementation of technologies that can actually prevent such terrible accidents from ever occurring."

Just last year the Safety Board added "Enhanced Vehicle Safety Technology to Prevent Collisions" to its List of Most Wanted Transportation Safety Improvements, or Most Wanted List. Among the advanced safety technologies that the Board believes will help reduce accidents are adaptive cruise control and collision warning systems.  This report goes further to include active braking and electronic stability control as additional tools to help drivers remain in control of their vehicles.

As a result of the accident, the NTSB made the following safety recommendations:

To the Federal Motor Carrier Safety Administration:

  1. Develop and implement a plan to deploy technologies in commercial vehicles to reduce the occurrence of fatigue-related accidents.
  2. 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:

  1. 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.

An additional safety recommendation was made to the Whole Foods Market Group, Inc., regarding the implementation of a comprehensive fatigue education program for its drivers to help them manage the risks of fatigue.

The Safety Board also reiterated the following safety recommendations:

To the National Highway Traffic Safety Administration:

  • Complete rulemaking on adaptive cruise control and collision warning system performance standards for new commercial vehicles.  At a minimum, these standards should address obstacle detection distance, timing of alerts, and human factors guidelines, such as the mode and type of warning.  (H-01-06)
  • After promulgating performance standards for collision warning systems for commercial vehicles, require that all new commercial vehicles be equipped with a collision warning system.  (H-01-07)

A synopsis of the Board's report, including the probable cause and recommendations, is available at ntsb.gov under "Board Meetings." The Board's full reports will be available on the website in several weeks.

Rising Fuel Costs Likely to Cause Increase in Semi-Truck Accidents Throughout United States

In May of 2008, the American Trucking Associations (ATA) State Vice President Mike Card provided testimony to the House Subcommittee on Highways and Transit of the House Transportation and Infrastructure Committee wherein he indicated that many trucking companies are going out of business or barely surviving. According to the ATA, 935 trucking companies with at least five trucks went out of business in the first quarter of 2008, marking the highest mark since the third quarter of 2001. Mr. Card testified that the downturn in the economy and a decrease in demand for freight transportation were also contributing factors. However, he made it clear that the high price of diesel was the primary driving force behind the struggles of most trucking companies.

The skyrocketing increase in fuel prices have led many trucking experts to conclude that the number of semi-truck accidents will increase as truck drivers and trucking companies are forced to make up for the increase in operating costs.

Many attorneys specializing in representing victims of semi-truck accidents expect to see an increase in the number truck accidents due to the increase in fuel prices. These attorneys know that in order for truck drivers and trucking companies to realize the same amount of profit as prior years, they must account for the sharp increase in operating costs due to the rise in fuel prices. Truck drivers and trucking companies are left with three options: one, pass the cost down to their customers; two, make up for the increase in costs by driving more hours; or three, some combination of the first two options.

Since 1939, the federal government has limited the number of hours truck drivers can operate without rest. The current law imposes the following restrictions:

  • Truck drivers can drive a maximum of 11 hours after 10 consecutive hours off duty.
  • Truck drivers cannot drive beyond the 14th hour after coming on duty, following 10 consecutive hours off duty.
  • Truck drivers cannot drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
  • Truck drivers using a sleeper berth must take 10 hours off duty, but may split sleeper-berth time into two periods provided neither is less than 2 hours.

The federal driving hours restrictions, commonly referred to as the “hours of service” restrictions, have been enacted to help prevent tractor-trailer accidents due to fatigue. Truck drivers and trucking companies are required to maintain driving logs detailing the number of hours driven by truck drivers. The hours of service requirements are in place in an attempt to balance safety issues with the ability of truck drivers and trucking companies to earn profits. Experts fear that the increase in operating expenses due to increased fuel costs will result in additional violations of hours of service requirements, which will ultimately lead to an increase in truck accidents due to driver fatigue.