Charleston Personal Injury Law Blog

Humans have a tendency to ask, "What if?" or to think, "If only...." It's a natural response that makes coping with a fatal accident even harder than it already is. Nevertheless, it happens, and when something comes around that answers the question or finishes the sentence, it doesn't seem to make sense that everyone wouldn't embrace it.

For the families of 53 people who have died and more than 1,000 people who have been injured in train accidents over the last decade or so -- South Carolina families among them -- the current debate about Positive Train Control technology must be frustrating.

Railroad companies continue to fight the installation of the Positive Train Control technology called for in the Rail Safety Improvement Act. Companies argue that the devices are too expensive and that the act did not give them enough time to install PTC. Congress passed the law in 2008; railroads have until 2015 to comply with the PTC rule.

Proponents say the technology will avert train wrecks that are caused by human error -- and about 40 percent of all train accidents, including South Carolina's 2005 Graniteville disaster, are linked to human error. The National Transportation Safety Board says that PTC could have prevented 21 train accidents and saved 53 lives in the past 11 years. In addition to the lives saved, PTC could have prevented almost 1,000 injuries.

While states struggle to meet federal rule deadlines, Congress and the Office of Management and Budget are devising and reviewing new regulations. South Carolina isn't complaining about focus on safety, but the timelines seem too long for victims of truck accidents; with news outlets reporting on driver fatigue and sloppy recordkeeping, the sooner these laws go into effect the better.

A revised hours of service rule, in fact, is with the OMB for a final review. When that office has approved it, the rule will be published for comment. Only then will many insiders know how much of the Federal Motor Carrier Safety Administration's original proposal remains in the text.

We have been talking about problems that states have had implementing a federal trucking safety regulation. This rule requires states to collect paper copies of drivers' medical examination reports when the interstate truck drivers apply for or renew their licenses. This is one piece of information to be added to a national database that will track drivers' fitness, history of accidents and other information currently available only at the state level.

Reports indicate that many states, perhaps even South Carolina, will not meet the Jan. 30 implementation deadline. As we discussed in our last post, many states have not completed the technical modifications needed to hook into the national system. Other states have had financing issues, with legislators choosing other programs over this one during tight budget years.

We are continuing the discussion from our last post about the implementation of a federal regulation. The regulation is part of an overall scheme to improve trucking safety, but the onus is on state governments, not truckers or trucking companies, to comply. According to the Federal Motor Carrier Safety Administration, about a third of states aren't expected to meet the Jan. 30, 2012 deadline that they've been aware of for more than a few years. The agency did not reveal which states were on track, so we aren't sure if South Carolina is among them.

Interstate truck drivers must obtain a physician's approval to work. Right now, truckers carry their medical certification cards with them. The amended rule requires truckers to present a paper copy of the medical examiner's approval form to the state driver's license bureau. The bureau then must enter the information into a national database.

Charleston and the Lowcountry have seen plenty of truck accidents over the years. And we have seen many efforts at the state and federal levels to improve trucking safety. What we may forget, though, is that the federal rules aren't always directed at truckers and trucking companies. Sometimes, the federal government tells states what to do -- and penalizes them if they fall short.

A recent example of this is the Federal Motor Carrier Safety Administration rule that modified the type of paperwork necessary to obtain an interstate commercial driver's license. On the surface, the rule looks simple: Drivers must present a current medical examiner's certificate (original or copy) to their state licensing departments. The rule further requires that the state licensing offices enter the information into a national database.

And don't spend the holidays in the emergency room. According to the U.S. Consumer Product Safety Commission, 17 kids under age 15 died last year in toy-related accidents. The agency says the deaths weren't the result of obviously dangerous toys -- rocket launchers or trampolines -- but, rather, were caused by choking and drowning. Charleston families can find safer ways to make their holidays merry.

Child development experts agree that the most important thing to keep in mind is how the child will interact with the toy. Simpler is better, especially for very young children, because simple toys encourage kids to think on their own, to make up stories or to try different configurations.

The National Transportation Safety Board announced this week that the inattentive driving of a 19-year-old was responsible for his own death and the death of a student in a school bus. The investigation into the horrific multi-vehicle accident revealed that the 19-year-old, whose vehicle started the deadly chain reaction, had texted 11 times in the 11 minutes before the crash. The crash is one of many this year that the board has linked to cell phone use.

In response, the NTSB issued a statement recommending that states ban the use of cell phones while driving. Texting, talking, emailing and surfing are all too dangerous for someone behind the wheel. The ban should extend to hands-free use, as well, though GPS systems and other devices that enhance safety would be exempt, the agency said.