Indiana Injury Lawyer Blog

Each year, thousands of people across the United States will suffer injury or death from their involvement in a semi-trailer trucking accident. One of the main causes of these accidents continues to be driver fatigue. Financial and other incentives prompt semi-trailer truck drivers to take on longer hauls for more hours at a time.

The Federal Motor Carrier Safety Administration ("FMCSA") has in place driver-related regulations that limit the maximum driving time for drivers of property-carrying vehicles (including, but not limited to semi-trailer drivers). The FMCSA has also promulgated regulations that require drivers of commercial motor vehicles, such as semi-trailers, to record their hours spent driving in order to ensure compliance with the maximum driving time limits.

Nevertheless, fatigue continues to be a major problem in causing semi-trailer trucking accidents. In an effort to reduce these accidents, the National Transportation Safety Board ("NTSB") has recently encouraged government officials to pass laws mandating alarm systems to be used in alerting truck drivers of their fatigue. A recent article posted on www.nationalsafetycommission.com details several options the NTSB offers to curb fatigue related trucking accidents.

These include: 1.) supporting development research and implementation of dashboard-mounted cameras that track a driver's eye and eyelid movements, alerting them when it senses fatigue; 2.) technology that warns of collisions and automatically engages the trucks braking system; 3.) technology that senses when a truck is veering from its lane and deploys a light or alarm signal to the driver; 4.) stricter oversight by the FMCSA in making commerical trucking companies comply with regulations; and 5.) further implementation of rumble strips on the edge of highways and interstates that have proven very effective in preventing trucking accidents.

This past Friday, September 5th, Indiana Trial Lawyers Association (“ITLA”) presented an all-day seminar entitled “Personal Injury Trials from Start to Finish” at the ISTA Conference Center in downtown Indianapolis.

Tony Patterson (seminar chair) and Paul Kruse, both attorneys from the law firm Parr Richey Obremskey & Morton, as well as six other central Indiana attorneys addressed roughly twenty attendees on a range of topics associated with personal injury trials. Topics included: motions in limine and pre-trial evidentiary issues; presenting compelling opening statements; effective uses of lay witness testimony and dealing with defense and surprise witnesses; trying a personal injury case from the defense perspective; utilizing technology exhibits on a budget at trial; choosing your experts and effectively presenting testimony; dealing with the defenses’ medical examiners; and effective use of testimony, jury instructions and demonstrative evidence during closing argument.