Archive for December, 2010

Proposed Increase in Tractor-Trailer Weight and Length a Dangerous Idea For Tennessee Drivers

Friday, December 17th, 2010

The massive weight and size of tractor-trailers poses a unique risk to other drivers with whom they share the road. The weight disparity between a commercial big-rig and a passenger vehicle often exceeds 75,000 pounds. This difference usually means catastrophic injuries for drivers of passenger vehicles when involved in a collision with a tractor-trailer. The problem is clear when one considers that in 96 percent of fatal collisions between a commercial truck and another vehicle the person killed is the occupant of the other vehicle. The length and weight of tractor-trailers also impact the truck driver’s ability to see other vehicles as well as a truck driver’s ability to stop quickly or engage in split second emergency maneuvers. Despite the potential risks posed by the enormous weight and length of tractor-trailers, the trucking industry is currently lobbying Congress to increase both the maximum weight and the length of commercial trucks. At Nahon, Saharovich & Trotz, we have been representing those who suffer catastrophic injuries and wrongful death in tractor-trailer accidents throughout Tennessee for over 20 years. Because the dangers posed by tractor-trailers are largely linked to their current size and length increases in either of these is a bad idea.

The trucking industry has a powerful lobby and exerts a lot of influence in Washington with an estimated 500,000 trucking companies generating revenue in excess of $250 billion per year. An increase in the length and weight of commercial trucks would allow trucking companies to save money and increase their profit margin. These size and weight modifications would mean more loads could be transported with fewer trips resulting in reduced expenditures on drivers, fuel and other expenses. Trucking industry advocates are citing the high cost of fuel prices and the impact of the recession as key justifications for these proposed changes.

The trucking industry is subject to both federal and state regulations, which govern the permissible weight and length of a commercial truck. Under current federal regulations a tractor-trailer is permitted to weigh up to 80,000 pounds including the weight of its load. The proposed legislation would increase this maximum weight by twenty percent and permit fully loaded trucks to weigh up to 96,000 pounds. As tractor-trailer weight increases the likelihood of its being involved in a fatal accident increases exponentially. One study found that an increase from 50,000 to 80,000 pounds resulted in double the risk of the commercial truck being involved in a fatal trucking collision. Heavier trucks also mean more braking distance because a 120,000-pound truck, for example, would travel fifty percent longer before stopping than a truck weighing 80,000 pounds. While trucking industry advocates contend this increase in risk is offset by fewer trips and fewer miles driven, past increases in the length and weight of tractor-trailers have not resulted in fewer trips or fewer miles traveled.

The proposed change in tractor-trailer length is also likely to increase the risk to other drivers with whom commercial trucks share the roadways. Trucking industry advocates are lobbying Congress to allow for more “doubles” and “triples”, which are multiple trailers hitched together. These multiple trailers would then be permitted to be up to 120 feet long on Western highways. The vast majority of interstates currently permit tractor-trailers no longer than 53 feet. This massive increase in length would increase the number and size of blind spots around commercial trucks, referred to as “no zones”. The lack of visibility in tractor-trailers already plays a role in a fair number of commercial trucking accidents. Though trucks are equipped with special mirrors designed for these blind spots, a fatigued or careless truck driver may fail to check all of these mirrors with catastrophic results.

Despite the fact that tractor-trailers make up only four percent of all registered vehicles, they account for 21 percent of all multiple vehicle crash accident fatalities. Longer and heavier trucks will simply make an already dangerous situation much worse. At Nahon, Saharovich & Trotz, we believe proposed changes to trucking industry regulations should focus on making trucks safer not bigger, heavier and more dangerous. If you or a family member has suffered serious injuries or wrongful death in a tractor-trailer accident, the experienced Tennessee trucking accident attorneys at NST Law are prepared to represent you and assist you in obtaining the financial compensation you deserve.

If you are involved in a tractor-trailer accident anywhere in Tennessee, the attorneys at NST Law can ensure that you receive the full compensation to which you are legally entitled. Nahon, Saharovich & Trotz has offices in Memphis, Jackson and Knoxville, Tennessee; Jackson, Mississippi; and Jonesboro, Arkansas with the experience and resources necessary to fully investigate and help successfully resolve your Tennessee trucking accident case. Nahon, Saharovich & Trotz, PLC is the largest plaintiff’s law firm in Tennessee that helps injured people recover compensation due to someone else’s negligence. Call us today for your free no obligation initial consultation with a Tennessee truck accident attorney at 1-800-LAW-4004 (1-800-529-4004) or visit us on the web at www.nstlaw.com. No matter where you are in Tennessee, NST Law is just a phone call away.

Tennessee Inadequate Security: Property Owner Liability for Violent Crimes

Wednesday, December 15th, 2010

Inadequate security measures by property owners and managers can result in apartment residents and hotel guests being victims of violent crimes.  It is tragic when an apartment resident, hotel guest or other business patron is the victim of a preventable violent crime.  Tennessee premises liability law generally governs inadequate security cases.  Under Tennessee premise liability law, an apartment tenant as well as a patron to a hotel or other business is classified as an invitee because the tenant has a mutually beneficial business relationship with the owner of the property.  Because the owner of the property is in a much better position to have knowledge of past crimes on the property and in the vicinity, the owner has an obligation to take reasonable steps to protect tenants and business patrons through the exercise of ordinary care. Nahon, Saharovich & Trotz, PLC has been helping Tennessee violent crime victims recover against property owners for inadequate security for over 20 years.

Lawsuits involving inadequate security require extensive investigation and expert evaluation regarding the past criminal activity on the premises and crime patterns in the vicinity.  It must be established that the past criminal activity in the area should have put the property owner on notice of the need for appropriate security measures.  While the initial inquiry is whether prior criminal activity on the premises would have lead a reasonable property owner to implement security measures, the past criminal activity does not need to be particularly similar in terms of the type of criminal offense.

If the past criminal activity in the area is sufficient that a reasonable property owner should have seen the need to implement security measures, the question becomes whether the measures implemented were sufficient given the prior criminal activity.  This is a fact-intensive inquiry that is likely to depend on the circumstances of the case.  At NST Law, we have employed security industry experts with a law enforcement background to prepare expert reports and testimony regarding prior crimes and crime patterns in the area.  Generally, the more serious and prevalent the prior criminal activity in the area the more security precautions that are appropriate.  There is obviously a lot of gray area so it is important to have an experienced inadequate security lawyer that works closely with security industry experts.  If a property owner has armed security patrols, locks on the doors, and adequate lighting, this will typically be deemed adequate.  The security precautions taken by some property owners fall far short of such measures.

Inadequate security cases are tragic because the lives of crime victims are often permanently affected by criminal assaults that could have been prevented by an $8 per hour security guard. At Nahon, Saharovich & Trotz, we may utilize security experts to analyze crime patterns and security measures in place in light of the seriousness and frequency of past criminal activity in the area.  The expert will also be able to recommend the appropriate types of inexpensive security measures that could have prevented the violent crime.

Nahon Saharovich Trotz has offices in Memphis, Jackson and Knoxville, Tennessee; Jackson, Mississippi; and Jonesboro, Arkansas with the experience and resources necessary to fully investigate and help successfully resolve your Tennessee inadequate security cases.  Nahon, Saharovich & Trotz, PLC is the largest plaintiff’s law firm in Tennessee that helps injured people recover compensation due to someone else’s negligence.  Call us today for your free no obligation initial consultation at 1-800-LAW-4004 (1-800-529-4004) or visit us on the web at www.nstlaw.com. No matter where you are in Tennessee, we are just a phone call away.