New Jersey Accident and Injury Law Blog : New Jersey Injury Lawyer & Attorney : The Grossman Law Firm : Serving Monmouth County, Bergen County

Authorities in Middlesex Borough believe that a medical condition likely contributed to an accident this week that killed a truck driver. 52-year-old James Johnson was driving a Freightliner truck when, for unknown reasons, his vehicle crossed the median, and crashed into another vehicle. Johnson was declared dead at the scene. The occupants of the smaller vehicle sustained injuries.

Now, authorities in Middlesex Borough have confirmed that they don't believe Johnson died as a result of injuries he sustained in the accident. They believe that a medical condition he suffered just before his vehicle crossed into oncoming traffic, may have contributed to the accident, and his subsequent death. However, the Mercer County Prosecutor's Office has not been able to confirm that a medical condition was the cause of Johnson's death.

Obviously, this is a terrible time for Johnson's family. It also brings to mind how little we discuss the health of these truckers, who have some of the most demanding, challenging jobs in the country. A trucker’s life hardly provides for the kind of exercise that helps keep a person healthy and away from disease. He is required to sit for long periods of time, and may have irregular meal breaks and rest stops. The food that's available at truck stops isn't exactly the healthiest around.  All of these factors can contribute to the development of medical conditions, including cardiac disease.

As a New Jersey truck accident lawyer, I believe that we could be doing more to focus on the health of truck drivers. This will not only keep them healthy, but will also help them, and other motorists, avoid the risk of accidents caused by a medical condition.

Scott Grossman is a New Jersey truck accident attorney, representing injured victims of 18-wheeler, commercial truck and semi truck accidents in Monmouth, Bergen, Passaic, and Ocean Counties and across New Jersey.

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The Federal Motor Carrier Safety Administration held a series of sessions to gather public input on the hours of service rules for truckers that are being revised. The fourth session was held Davenport, Iowa on the 25^th of January. The first 3 had been held in Arlington, Virginia; Dallas, Texas and El Segundo, California. The FMCSA had invited commercial truckers, trucking companies, owners,  operators; truck safety groups, researchers and other people to discuss issues that impact truck safety. These issues include rest time, on duty time, sleeper berth use, loading and unloading times, and others. 

Last year, the Federal Motor Carrier Safety Administration reached an agreement with truck safety groups, the Teamsters union and others to revise the Hours of Service rule for truckers. The Bush Administration had set the rules at 11 consecutive hours. The rule had been soundly criticized by truck accident victims and New Jersey truck accident lawyers.  The FMCSA promised that it will revise these rules within a period of 9 months. As part of its efforts to revise the rule, the FMCSA held these four public listening sessions to gather input from the public

Lowering the HOS rules is absolutely necessary, but on its own will not be able to tackle the problem of driver fatigue. The FMCSA has not paid any attention to the problem of sleep apnea, which is another contributor to driver fatigue. The NTSB has recognized the role of sleep apnea in trucker fatigue-related accidents, and has recommended mandatory sleep apnea sleeping for truck drivers. However, the FMCSA has failed to act on these recommendations.

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Any time there’s a truck accident in New Jersey, people are typically quick to jump to the assumption that it’s the tractor trailer driver who is at fault. The fact is that many truck accidents are caused by motorists. In fact, according to a New Jersey Department of Transportation study, motorists were at fault in 56 percent of truck-passenger vehicle accidents in 2006.

That situation has law enforcement officials focusing on educating motorists about safe driving around 18 wheelers. In April of this year, New Jersey State Police received a grant from the Federal Motor Carrier Safety Administration. The $800,000 grant will be used to fund a truck safety public awareness campaign that will focus on educating motorists in order to reduce truck accident rates. The program should launch by December, and will include $300,000 to be spent on radio advertisements, and $500,000 on trooper enforcement efforts. The campaign, which will run through September 2012, will also include distribution of education material and enforcement of safety rules. 

It makes sense to a motorist to be as careful as possible while driving around a massive 80,000 pound vehicle, that can crush your car during impact. As a New Jersey truck accident lawyer, I would encourage motorists to pay extra attention to the road when they are around large trucks.

• Avoid speeding, or racing a truck. It is the most foolish behavior you could indulge in.
• Know that a truck driver sitting in his elevated cab has several blind spots, and if your vehicle is in one of those spots, it’s almost impossible for him to see you.
• Don’t cut off an 18-wheeler, or make a sudden stop when you are in front of one. Remember these trucks are hauling tens of thousands of cargo, and can’t stop suddenly. The outcome of such behavior is not going to be good for you
• Be patient when you are behind a large tractor trailer. These large vehicles are loaded with cargo, and harder to navigate. Impatience on your part can have devastating consequences for you.

Scott Grossman is a New Jersey truck accident lawyer representing victims of truck accidents in Monmouth, Bergen, Passaic and Ocean Counties and across the state of New Jersey.

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