Family of Marine killed in truck crash receives $8M settlement

Representing the Stevens family has been one of the greatest honors of our careers. It has been our privilege to advocate on their behalf and bring this case to a just resolution.  Read more about the case below.

On Monday, the truck accident lawyers at Munley Law Personal Injury Attorneys reached an $8 million settlement in a case stemming from a deadly truck accident in Susquehanna County. The crash claimed the life of 27-year-old Staff Sergeant Andrew Stevens.  Stevens was an active duty Marine and the father of two young boys. He served multiple tours in Iraq and Afghanistan and was in town for his sister’s wedding. His wife Katherine Stevens was represented by Marion Munley, Robert W. Munley, III, and Caroline Munley. The case was scheduled for trial this week before the Honorable John Jones of the United States District Court for the Middle District of Pennsylvania. […]

Bipartisan Underride Bill Could Prevent Deadly Crashes

Truck underride bill to require new safety standards

Lawmakers from both parties recently introduced a potentially life-saving bill to mandate that underride guards be installed on the front and sides of large trucks. The Stop Underrides Act of 2017 was introduced by Sen. Kirsten Gillibrand (D- N.Y.) and Sen. Marco Rubio (R-Fla.) as well as Reps. Steve Cohen (D-Tenn.) and Mark DeSaulnier (D-Calif.).

Under the current federal law, underride guards are only required for the back of trucks. The proposed bill would also require an update of the outdated standards for underride guards on the rear of a truck. Guards would be required to be tested and would need to prevent a vehicle traveling at 35 mph from sliding under a tractor trailer. The standard would apply to single-unit trucks, semis and trailers weighing more than 10,000 lbs.

The goal of this new legislation is to prevent deadly truck underride crashes. […]

The race for driverless truck and car technology

Driverless vehicles are being tested on roads right now. The LA Times published that in a race to embrace driverless vehicles, Washington has cleared away regulatory hurdles for automakers and brushed aside consumer warnings about the risk of crashes and hacking. The NHTSA earlier this year published a voluntary policy on automated driving systems and said it is working on more policies. Basically, the industry is left to regulate itself.

Tesla’s new electric semi-truck unveiled

Last week Tesla introduced a fully electric semi-truck. The truck is equipped with Enhanced Autopilot, the second generation of Tesla’s semi-autonomous technology. It’s equipped with automatic braking, lane-keeping, and lane departure warnings.

Our Scranton truck accident lawyer is concerned that enough testing is done on autonomous semi-trucks before they are introduced onto public roadways. While the electric truck business is still in the early stages and won’t be prevalent for years, […]

Truck Accident on I-81 in Wilkes-Barre

Tractor trailer crash on I-81 in Wilkes-Barre – a truck accident lawyer’s perspective

A truck accident near the Highland Park Boulevard exit in Wilkes-Barre, PA this morning shut down Interstate 81 when one tractor trailer rear-ended another at around 4 a.m. One driver was trapped inside his truck and was taken to the hospital to be treated for injuries.

Wilkes-Barre truck accident lawyer and former chairman of the American Association for Justice Trucking Litigation Group Dan Munley notes the significance of the time of the crash: “Leading indicators show that at the time of the crash, the truck driver would have been at an increased risk for a fatigue-related accident.” A complete investigation will determine whether fatigue played a role in this case.

The human body operates on a 24-hour cycle, during which we are programmed to need rest at certain times of day. […]

Feds abandon driver fatigue test, put “millions of lives at risk”

Feds drop another transportation safety rule, scrap sleep disorder testing

In the latest slash to federal regulations, many of which concern public safety, federal transportation agencies have dropped efforts to improve detection of sleep apnea, a breathing disorder linked to driver fatigue and deadly train and truck accidents.

The Federal Railroad Administration (FRA) and Federal Motor Carrier Safety Administration (FMCSA) have moved to leave testing to individual transport and rail companies.

New York’s  MTA and some private transportation companies made moves in the last year to test their drivers and engineers for sleep apnea, a sleep disorder linked to deadly crashes. Metro North in New York found that more than 11% of their drivers tested had sleep apnea.

What is sleep apnea? Why should drivers and engineers be tested?

Obstructive  sleep apnea is a disorder that causes the throat muscles to relax and close the wind pipe during sleep. […]

Families leading the fight for safer trucks

Who doesn’t want safer trucks? Weighing 80,000 lbs and driven by truckers too often pushed to their physical and mental limits, a tractor trailer barreling down the highway at 70+ mph can cause unimaginable damage in an accident. Still, potentially life-saving measures leading the fight for safer trucks are the people who know too well the devastation these vehicles can cause — the parents of children killed in tractor trailer collisions. Their mission has become to improve safety regulations that can save lives and prevent other families from experiencing the unnecessary loss that they have. However, even when the benefits are obvious and the costs minimal, truck safety regulations stall.

Underride Guards

Two mothers have devoted their lives to advocating for better underride guards after their children were killed in underride crashes. Marianne Karth and Lois Durso both lost their daughters in crashes involving tractor trailers. […]

Trucking companies to increase testing for deadly sleep apnea

Truck drivers face high risk for sleep apnea

Trucking companies may more frequently screen their drivers for sleep apnea in an effort to combat drowsy driving accidents.

Obstructive sleep apnea (OSA) is a disorder that causes breathing to start and stop during sleep, leading to less restful sleep and increased drowsiness. For drivers, especially truckers, bus drivers, or train engineers, drowsiness can become deadly.

Why test truck drivers for sleep apnea?

Truck drivers’ concern with sleep apnea is twofold. Their profession makes them both more likely to develop sleep apnea, and more at risk of death from its effects.

Driving a truck involves sitting for long periods of time, eating at truck stops along the road, and irregular sleeping schedules. Factors that can contribute to sleep apnea include obesity, smoking, bad diet, and poor sleep habits. […]

Side Underride Guards May Be the Difference Between Life and Death

First-Ever Side Underride Crash Tests

A new crash test from the Insurance Institute for Highway Safety shows exactly how side underride guards on tractor trailers can mean the difference between life and death.

A side underride crash occurs when a passenger vehicle collides with the side of a trailer or heavy truck. The results are grisly. The impact can shear the top of the smaller vehicle and kill the occupants.

The IIHS has long been measuring rear-underride guard effectiveness, but this is the first test of side guards.  Researchers ran two midsize cars into the sides of two semi-trailers at 35 mph. One trailer was equipped with a fiberglass side panel, and the other with the “AngelWing” underride protector from Airflow Deflector, Inc.

Tractor Trailer Side Underride Guard Test Results:

Fiberglass panel – As the above photo shows, the car went right through the panel and became lodged under the trailer. […]

New tech solutions for truck safety

As truck accident lawyers, we don’t just handle truck accident cases, we also strive to improve safety on our nation’s highways. We regularly join with other advocates across the country in support of better safety laws and regulations. Sometimes, working toward change can feel like an uphill battle. So, it’s especially gratifying to see trucking companies and researchers voluntarily investing in safety technology that will save lives.

Artificial Daylight to Improve Trucker Health, Safety

One exciting tech solution to a serious truck safety issue is the use of artificial daylight in truck cabs.

Logging 10+ hour days and making long overnight trips can take a toll on truck drivers’ physical and mental health. It also presents a safety hazard – a drowsy driver behind the wheel of an 80,000lb vehicle can spell disaster. So,  researchers in Germany sought to counteract the effects of darkness on the brain.   […]

At Long Last, Better Underride Guards on Tractor-Trailers

New underride guards to help prevent fatalities in the event of a crash

How about some good news? After years of pressure from safety advocates, semitrailer companies are making changes.

For the first time, the Insurance Institute for Highway Safety has issued the “Toughguard” rating to semi-trailer manufacturers who pass the new underride guard crash tests. Five of eight of the largest North American semitrailer manufacturers earned top honors.

An underride guard is the metal bumper on the rear of a tractor-trailer, designed to keep smaller cars from going underneath the truck in the event of a rear-end crash. However, underride guards frequently prove ineffective, breaking or buckling in a collision. When they fail, cars slide under the rear of the trailer, crushing the cabin, as in the photo below. As you can see in the picture, vehicle occupants stand little chance of survival. […]

Truck Driver Safety Policies Will Have Life and Death Consequences

Legislation passed last week to prevent a government shutdown effectively blocked federal regulation of truck driver rest rules. This is the third time Congress has suspended driver rest rules requiring truckers to get two full nights of rest between work weeks.

Truck Driver Rest Rules

Hours-of-service regulations limit when and for how long truckers can remain on the road.

Under current law, truck drivers may drive up to 11 hours a day, and up to 70 hours over an 8-day period. A 34-hour break is required between work weeks.

The recent legislation suspended regulations that would require the 34-hour rest period to include two nights (1am-5am) before another work week can begin. The defeated regulations also prevented truckers from working 60 hours, taking a 34-hour break, and resuming another work week within a 7-day period.

The rest rules aimed to ensure that truck drivers get the rest required to do their jobs safely. […]

Self-Driving Trucks May Come Before Driverless Cars

Never mind self-driving cars – how do you feel about self-driving trucks?

We’ve been hearing a lot about self-driving cars, and the companies promising to roll them out over the next few years. But, if you can imagine it, self-driving trucks may come first.

If you think that sounds counter-intuitive, you’re not alone. Many in the trucking industry are skeptical, and some drivers are nervous – understandably so. We know as well as anyone that when something goes wrong with a car, it’s bad – but when something goes wrong with a truck, it can be so much worse.

However, advocates for this new technology argue that it could make long-haul trucking safer and more efficient.  Drowsy driving, for instance, poses a major threat to truckers and the driving public.  Autonomous trucks could cut down on the numerous drowsy and distracted driving accidents that occur each year. […]

Unsecured Loads and Road Debris Cause Deadly Crashes

Road debris and unsecured loads cause avoidable, deadly accidents.

Imagine traveling down the highway at 60 mph and seeing a piece of scrap metal come flying off the back of a truck into your windshield. Or being hit by a driver who swerved to avoid a piece of furniture on the road. While these might sound like freak accidents, these sorts of crashes happen too often.

According to a new study from the AAA Foundation for Traffic Safety, unsecured loads and debris in the road lead to 200k crashes between 2011-2014.  During that time, debris-related crashes caused 39,000 injuries and 500 deaths.

“Road debris” includes anything from a shredded tire to a sofa, to a detached trailer. This excludes “natural” debris like tree branches or animals in the roadway.

All 50 states have laws against road debris and unsecured loads. Penalties range from a fine to jail time. […]

Drowsy Driving Myths and Misconceptions

After decades of representing individuals and families who have been victims of tractor trailer crashes, our truck accident lawyers know that drowsy driving is one of the biggest threats to the traveling public today.

According to a recent report from the Governors Highway Safety Association (GHSA), approximately 5,000 people died in drowsy driving accidents last year in the United States. And, about 10-20% of truck accidents involved a tired driver.

Alertness, judgment, vision, and reaction time all decrease with fatigue. An alarming number of drivers report dozing off or falling asleep while driving.

Drowsy Driving: Myth vs. Fact

Myth: Fatigue is a sign of weakness.

Fact: Sleep is a basic human need, as essential as food and water. Without it, the body cannot function properly.  In a profession as physically demanding as trucking, […]

OSHA Helps Trucker Fired for Refusing to Break Safety Rules

It’s a tough call that truck drivers are often forced to make.

A trucker was assigned to transport a load of Poland Spring water from Massachusetts to New Jersey. A severe thunderstorm causing flooded roads and heavy traffic slowed him down considerably, and he realized he would not be able to complete the delivery and return home without violating the federal hours of service regulations intended to prevent overworked truckers from becoming a danger on the highways. So, he delivered the shipment to a closer facility; the trucking company and the customer approved the arrangement, and another driver carried the shipment to its final destination.

He was fired the next day for insubordination.

The driver filed a complaint with the Occupational Safety and Health Administration, who stepped in to help. According to one of their administrators:

“The law is clear: Drivers have the right to raise legitimate safety concerns to their employer – including refusing to violate safety regulations – without fear of termination or other retaliation. […]

Trucking Interests Use Zika Fears to Weaken Highway Safety

Last week, Congress passed measures that seriously threaten the safety of the driving public, though you probably didn’t hear about it.

The Senate passed a measure that allows truck drivers to work a total of 81.5  hours each week as part of a massive spending measure that will fund transportation, housing, military construction projects, the Veterans Administration, and Zika virus prevention. In the House, similar rules were added to the transportation and housing appropriations bill. Both bills prevent the enforcement of safety regulations that took effect in 2013, limiting truck drivers to 70-hour workweeks and requiring two nights of rest between workweeks.

These measures rolling back trucker rest rules have been fiercely opposed by safety advocates, and likely would not pass on their own as stand-alone bills. So, in a disturbing pattern, trucking interest groups have been passing these measures by tacking them onto “must-pass” […]

Should teenagers be driving tractor trailers?

How do you feel about the thought of an 18-year-old behind the wheel of the 40-ton truck next to you on the highway?

A new transportation bill includes legislation that would allow 18-year-old drivers to drive tractor trailers across state lines. Not surprisingly, safety advocates are baffled.

Currently, drivers 18 and older can obtain a commercial license to drive a big rig in most states but are not allowed to drive across state lines until the age of 21. It is true that this means that a young driver could legally travel long distances across his/her home state but not to closer places just over state lines. But that is not a justification for opening up the possibility for interstate travel. As Jackie Gillian, president of Advocates for Highway and Auto Safety, puts it, “We should be considering how to limit teen truck drivers,” […]

Spending bill alarms truck safety advocates

Once again,  the trucking industry is making people nervous.

While I was doing research for this blog post yesterday, a tractor trailer accident in our area had Interstate 81 shut down for most of the day. The driver of the truck lost his life.

Trucking is a major industry across much of the country, including in our home region of NEPA. With all these large tractor trailers on the road alongside comparatively tiny passenger vehicles, the number of heavy trucking accidents has been rising for the last four years. You’d think, then, that safety would be more of a concern for lawmakers and industry officials. Unfortunately, not everyone sees it that way.

As truck accident lawyers, this is something we feel strongly about. This post will cover what you should know about how these changes could affect you. […]

Long Haul Truck Drivers Need to Buckle Up

CDC study shows more than 1/3 of truckers who die in crashes were not wearing seat belts. About one in six truckers doesn’t wear a seat belt at all.

How big is this problem? Well, trucking is quickly becoming one of the largest occupations in the country. In fact, a recent study lists truck driving as America’s most common occupation, but this data may be slightly skewed by the omission of more ambiguous sales positions and the way that the government categorizes jobs, grouping all truck driving jobs together (from tractor trailer drivers to mail deliverers to garbage truck drivers) but those caveats notwithstanding, trucking is still a massive industry. Partly because it is one occupation that has not been automated or outsourced. And, it is needed everywhere; regardless of location or economic climate, food products and goods still need to be distributed across the country. […]

Proposed Law: Fine Truckers for Uncleared Snow, Ice

A law proposed by state Senator Lisa Boscola would impose fines on truck drivers who do not clear ice and snow from their vehicles before driving.

In the winter, it’s common to see chunks of ice and snow flying off the tops of large trucks as they go barreling down the highway.  For drivers traveling behind these trucks, frozen projectiles can hit their windshields and obstruct their vision, or even cause damage. Or, drivers might swerve to avoid being hit, and get into an accident. The proposed bill has been re-introduced with safety in mind. In 2005, a woman from Jim Thorpe, PA, was killed when a chunk of ice dislodged and flew into her windshield.

Under the current law, truck drivers are only penalized if someone gets seriously injured or killed.  Fines range from $200-$1,000 for each offense. Boscola’s law would fine truckers $25-$75 for any uncleared snow that creates a hazard, […]