Wisconsin Truck Accident Law

Severe Fog Contributes to Sheboygan County Truck Crash

Randy Rozek — Wed, 10 Mar 2010 06:01:55 -0600

Severe fog has contributed to a Sheboygan semi-truck crash that resulted in at least 2 injuries. The crash occurred about 8:00 a.m. on March 9, 2010, at Sheboygan Highway County PP and Prairie Road.

The crash occurred when one semi-truck, driven by Justin Simon, 27, of Fond du Lac, Wisconsin, and owned by Dierks Waukesha, a Wisconsin food distributor, was stopped on County PP, waiting for traffic to clear before negotiating a left-hand turn. A jeep driven by Timothy Christensen, 45, of Plymouth, Wisconsin, was stopped behind the Dierks Waukesha semi-truck. At that time, another semi-truck, driven by Steven Guelig, 51, of Cascade, Wisconsin, and owned by owned by Schwind Trucking, LLC, out of Glenbeulah, Wisconsin, approached the vehicles from behind and was unable to stop his semi-truck in time, colliding with the jeep, essentially sandwiching it between the two semi-trucks.

The crash also resulted in the severing of both tractor-trailer’s diesel lines, spilling fuel all over the scene, including fuel being spilled near an electrical transformer. The semi-truck crash resulted in the following entities being called to the scene:

Sheboygan County Hazmat Team
Wisconsin Department of Natural Resources
Sheboygan County Sheriff's Department
Wisconsin State Patrol
Plymouth Police Department
City of Plymouth Fire Department
Town of Plymouth Fire Department
Plymouth Ambulance
Jaws of Life Unit – Plymouth

Preliminary investigations have determined that the Schwind Trucking semi-truck operated by Guelig, was operating too fast for the poor weather conditions. Federal law requires truck drivers to use extreme caution in dangerous weather conditions, including fog.

According to the Federal Government, Schwind Trucking owns 10 tractor trailers and employs 10 drivers. Schwind Trucking drivers have received at least 5 moving violations and have been involved in at least one prior state-reported crash within the last 30 months.

A search has revealed that Schwind Trucking is insured up to $1,000,000 by Employers Mutual Casualty Co.

Phoenix Tour Bus Crash Kills 6, Injures 15

Randy Rozek — Fri, 05 Mar 2010 10:52:47 -0600

While in Los Angeles today on a different case, I learned of the tragic Phoenix bus crash that killed at least 6 people and injured more than than a dozen other people. It appears that the charter bus, which originated in Los Angeles, caused the multi-vehicle collision.

Early reports indicate that the bus driver lost control, rearending a car in front of it, and then rolling off the highway, about 30 miles south of Phoenix in the Town of Maricopa. This result in at least one semi-truck losing control and crashing as well as another car crash.

The tour bus is owned by Tierra Santa, a Los Angeles Company.

This blog will be updated once more information is available as to the root cause of the collision.

Amazingly No Charges to Be Filed in Double Fatality Outagamie County Truck Crash

Randy Rozek — Tue, 23 Feb 2010 08:40:38 -0600

In what must be a shock to the truck crash victims’ families, the Outagamie County District Attorney’s office has decided not to file charges against the truck driver that killed two people and injured several others. The Outagamie County D.A.’s office claims that there was not enough evidence to prove charges of homicide by negligent operation of a vehicle, because there was no evidence that the truck driver, Michael Kaiser, knew that his conduct created a substantial and unreasonable risk of death.

The semi-truck crash involved a 7 car pileup on Highway 41 in Outagamie County ten months ago. Investigators for the Wisconsin State Patrol downloaded data from the semi-truck’s Electronic Control Module (ECM-similar to a black box in a plane), which revealed that the semi-truck had the cruise control set at 64 miles per hour as the truck entered a construction zone with slowing traffic. The investigation report goes on to state the following:

In completing this reconstruction, no vehicle, highway, or environmental factors were identified as being contributory to this incident. Rather, the proximate cause of the collision is cited as the Freightliner operator’s lack of attention to the operation of his vehicle and to the approaching stop condition. It is believed that vehicles slowing near the Holland road overpass would have been visible. Furthermore, although the author did not identify any highway factors as being contributory to the incident, the presence of the “Road Work Ahead” and construction barrels should have raised the driver’s awareness level to the possibility of changing traffic conditions. Given the truck’s configuration and compliance with federal standards, it is believed that the driver could have stopped the vehicle in order to avoid the collision.

In contrast, Powertrain Control Module (PCM) data from one of the involved vehicles shows it slowing from approximately 24 miles per hour for over 20 seconds before it was struck. In the area of the collision, orange construction barrels lined the roadway, and the Freightliner had passed official signs indicating ‘Road Work Ahead.’” See the image below:

Truck drivers are trained to know that such conduct can create a substantial and unreasonable risk of death. If Michael Kaiser did not know this, then he should have known this. The Wisconsin CDL Manual, which Kaiser was required to comply with, states the following:

Slow down and be very careful if you see any of the following road hazards:

Work zones. When people are working on the road, it is a hazard. There may be narrower lanes, sharp turns or uneven surfaces. Other drivers are often distracted and drive unsafely. Workers and construction vehicles may get in the way. Drive slowly and carefully near work zones. Use your 4-way flashers or brake lights to warn drivers behind you.

What is especially appalling and upsetting to the victims’ families is that the semi-truck driver, Michael Kaiser, refused to cooperate with the investigation. In the statement he did provide authorities, he estimated his speed at 50 mph as he approached the slowing traffic. This statement directly contradicts the ECM data showing his cruise set at 64 mph.

Hopefully, Kaiser and his employer will be held accountable civilly for this easily avoidable crash

Wisconsin Truck Accident Caused By Truck Driver Not Pulling Over Safely

Randy Rozek — Fri, 19 Feb 2010 07:58:19 -0600

A recent Wisconsin Dells truck accident highlights the importance of truck drivers in following the federal rules when pulling over for non-emergency stops on the side of the roadway, as well as the importance of pre-trip inspections.

The unfortunate truck accident occurred on February 9, 2010, on I-94/I-90 eastbound near exit 85 outside of Wisconsin Dells, in Juneau County. A semi-truck driver, Michael K. Johnson, 48, of Chicago, Illinois, had stopped his tractor-trailer in order to clean ice from the truck. At that time, a vehicle operated by a Chippewa Falls man and his family was traveling in the same direction and struck the rear of the semi-truck. According to reports, the semi-truck was parked in an actual lane of travel on the highway and also did not have the necessary warning signals. The Chippewa Falls residents in the car all received severe injuries and face a long road ahead of them in their recovery.

This tragic accident could have easily been avoided, had the truck driver simply been adequately trained on the federal rules and complied with them.

The first, most obvious violation by the semi-truck driver, appears to be the failure to properly inspect and remove ice from his tractor-trailer PRIOR to beginning his trip. I have blogged about the dangers truck drivers pose in not properly clearing ice and snow from their trucks several times in the past. The duty to inspect is clearly set out in the federal regulations as follows:

CFR §392.7 Equipment, inspection and use.

No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed:

…..

Windshield wiper or wipers.

Rear-vision mirror or mirrors.

If, on the other hand, ice had begun to build up after the truck driver’s departure, then the truck driver could have easily utilized one of several truck stops along this stretch of I-94/I-90, in order to safely stop to remove the ice.

The second, most obvious violation by the semi-truck driver, appears to be the failure to safely pull completely out of the lanes of travel. This is a violation of Wisconsin’s Rules of the Road.

The third, most obvious violation by the semi-truck driver, appears to be the failure to adequately utilize necessary emergency signals, which would have given the operator of the automobile ample time to identify the semi-truck and react. The federal rule, CFR §392.22, mandates the use of vehicular hazard warning signal flashers, fusees and liquid-burning flares.

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If you have been injured due to the negligence of a truck driver or trucking company, call an experienced Wisconsin Truck Accident Attorney.

Texting by Truck and Bus Drivers Finally Banned

Randy Rozek — Tue, 26 Jan 2010 13:05:23 -0600

Today the United States government has finally made it illegal to “text” while driving for professional drivers of large trucks and buses. Last month, a similar ban was enacted to prohibit federal government vehicles from texting while driving. Ray LaHood, the U.S. Transportation Secretary indicated that the new ban applicable to commercial truck drivers and bus drivers will go into effect immediately.

While many states have enacted legislation banning texting while driving, many other states had not yet banned texting.

There has been many recent studies suggesting texting can be more distracting and unsafe that driving under the influence of alcohol.

Commercial bus and truck drivers actually caught while texting and driving will face a fine of up to $2,750.00.

Racine Unified School District Straight-Line Busing Practices Called Into Question After 12 Year-Old Boy Hit

Randy Rozek — Tue, 05 Jan 2010 14:37:56 -0600

Caledonia -- Shortly after 7 AM, January 5, 2010, a 12-year-old boy was dropped off at the 4600 block of Charles Street by his mother in order to get on the school bus. The boy crossed Charles Street and as his bus approached, he was hit by a box truck. The boy was thrown into a nearby snow bank.

The truck, driven by Jeffrey Winker, of Kenosha, was traveling north on Charles St. According to some upset citizens, this was an accident waiting to happen, due to the advent of "straight-line" busing. Children are no longer picked up within their major subdivisions. Instead, they must walk, or be driven by their parents, to one of the major bus pickups, which is often times a very busy street. These streets are even busier during early morning and late afternoon commute times, which often times coincide with us pick up or drop off.

When interviewed by the Journal Times in July of 2008, regarding the straight-line busing practice that was newly instituted, Pat Starken, Racine Unified's transportation specialist had the following to say:

"Getting the kids to school is the primary responsibility of my department and we need to get the kids to school on time," Starken said. "We also want to reduce that run time as best as we can, and if we're not stopping every block or every other block … it's going to reduce the time that those kids are on the bus."

Perhaps now Starken, Racine Unified School District, and Durham School Services, which provides the transportation for children, will address the dangerous situation that straight-line busing has created. Perhaps they will also realize that getting the kids to school safely should be his primary responsibility, even if it means more money and less efficiency.

This will be little consolation for the 12-year-old boy who will have a long road to recovery from his fractured thigh bone and collapsed lung suffered in this morning's accident.

24 Injured in Sheboygan County School Bus Crash

Randy Rozek — Thu, 29 Oct 2009 12:08:19 -0600

A Random Lake school bus carrying 26 students was involved in a crash Tuesday, October 27, 2009, with a pick-up truck. According to investigators, the school bus driver, 51-year-old Judy Degnitz of Fredonia, proceeded from a stop sign onto Abbott Drive from Lynn Road, into the path of an eastbound Ford F-250 hauling a utility trailer. The pick-up truck slammed into the side of the school bus.

The school bus, owned by Degnitz Bus Service of Fredonia, was transporting 26 Random Lake students. The driver of the bus was cited for failing to yield the right of way to the pick-up truck. The bus driver, Degnitz, claimed she was unable to see the pick-up truck coming due to the extreme fog. She was uninjured.

The driver of the pick-up truck, Nichollas Mueller, 30, of Adell, and his two passengers, 9-year-old Tyler Kies and 7-year-old Owen Kies, were all taken to St. Mary's Hospital in Ozaukee County. 18 of the students on the school bus were treated by the school nurse for minor injuries and 2 were taken to St. Nicholas Hospital in Sheboygan.

Professional bus drivers are required to exercise "extreme caution" in poor weather conditions. The investigation continues.

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Trucking Company Involved in Ozaukee County Fatal Truck Crash Cited Many Times in the Past

Randy Rozek — Fri, 16 Oct 2009 10:09:44 -0600

Witnesses have been able to confirm that traffic had stopped prior to the semi-truck crashing into the vehicles in the October 8, 2009, Ozaukee County semi-truck crash that resulted in 2 deaths and several injuries. Eyewitnesses observed that the vehicles struck by the tractor trailer had come to a complete stop as traffic was backed up due to road construction.

The semi-truck driver claimed he had been temporarily distracted while reaching down for a snack and when he looked up it was too late for him to avoid the collision. The driver of the tractor trailer, Curtis D. Hawkins, of Dexter, Missouri, was operating under the authority of S & J Potashnick Transportation, Inc., 411 Lynual Sikeston, Missouri 63801. S & J Potashnick Transportation, Inc. operates and does business as PTI Potashnick Transportation, Inc. or simply as PTI.

According to records kept by the Federal Motor Carriers Safety Administration, PTI drivers have received 33 moving violations in the last 30 months, 28 of which were for speeding. During this same period of time, federal records also show that the PTI received 12 federal rule violations, including falsifying log books and violating the hours of service requirements.

PTI has grown from owning and operating 26 tractor trailers in September of 2008 to their current number of 71 power units. Despite this growth, federal records show they only have the minimum required amount of insurance of $750,000, which will be substantially insufficient to adequately compensate the injured parties and the families of those killed.

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Ozaukee County Semi-Crash Results in Another Fatality

Randy Rozek — Wed, 14 Oct 2009 06:47:02 -0600

Regretfully, last Thursday's, October 8, 2009, Ozaukee County semi-truck accident has now resulted in the death of a Mequon woman that was critically injured in the crash. Mary J. Parker passed away Tuesday at Froedtert Hospital in Wauwatosa. She was a passenger in her 1995 Cadillac Seville, which was being driven by Jimmie D. Juhaz, 64, of Cedar Grove, who had to be extricated from the car after the semitrailer truck slammed into them and an SUV on northbound I- 43 in the Town of Belgium, Ozaukee County, Wisconsin.

The crash also resulted in the death of the driver of the SUV, Donald J. Sherman, 78, of Stickney, Illinois. Mr. Sherman's wife, Roberta, and two others were injured in the collision.

The two vehicles that were struck by the semi-truck had slowed to exit on Highway D because I-43 was closed between Belgium and Cedar Grove for emergency repairs to the shoulder of the freeway.

According to authorities, the semi-truck driver, Curtis D. Hawkins, 36, of Dexter, Missouri, claimed he had been reaching for a snack and when he looked up he realized he was closing in on the Cadillac. At that point it was too late to stop and the semi-truck slammed into the Cadillac and then the SUV driven by Sherman, dragging it over 100 yards before coming to rest in the ditch.

The roads were also wet at the time, as it was raining. Professional truck drivers are required to use extra caution in poor weather conditions.

Authorities say charges have not yet been issued against Hawkins or the trucking company.

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Ozaukee Semi-Truck Crash Leaves One Dead and Several Injured

Randy Rozek — Thu, 08 Oct 2009 15:55:36 -0600

Just after noon today, October 8, 2009, a tragic semi-truck collision in Ozaukee County has left one victim dead and several others injured. Authorities have not yet released the cause of the collision but there is speculation that it may have been due in part to a combination of speed, inattention and the road construction and lane closure, which was just north of the accident scene.

The collision occurred in the northbound lanes of I--43 just south of County Highway D.

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Government Steps up on Truckers Texting While Driving

Randy Rozek — Fri, 02 Oct 2009 16:37:12 -0600

The Obama administration said Thursday it will seek to ban text messaging by interstate bus drivers and truckers and push states to pass their own laws against driving cars while distracted. As a first step, LaHood said President Barack Obama signed an executive order late Wednesday banning all federal workers from texting while driving on government business, driving government vehicles or using government equipment.

The Transportation Department reported that 5,870 people were killed and 515,000 were injured last year in crashes connected to driver distraction, often involving mobile devices or cell phones. Driver distraction was involved in 16 percent of all fatal crashes in 2008 and was more prevalent among young drivers.

Senate Democrats said support was building in Congress to move against text messaging by drivers. The legislation, pushed by Sen. Chuck Schumer, D-N.Y., would require states to ban texting or e-mailing while operating a moving vehicle or lose 25 percent of their annual federal highway funding.

Eighteen states and the District of Columbia already have passed laws making texting while driving illegal, and seven states and the District have banned driving while talking on a handheld cell phone, according to the Insurance Institute for Highway Safety.

Bus and truck operators said they would review the plans. Dave Osiecki, vice president of safety for the American Trucking Associations, said his group would work with LaHood "on a comprehensive approach to reducing distractions for all drivers, including professional truck drivers."

American Bus Association President Peter Pantuso said his organization supported the restrictions and most member companies already had policies prohibiting drivers from texting and using cell phones.

Put the cell phone away, and concentrate on driving, before your hurt yourself or others.

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Comprehensive Safety Analysis 2010

Randy Rozek — Thu, 24 Sep 2009 06:30:49 -0600

Comprehensive Safety Analysis 2010 is a Federal Motor Carrier Safety Administration safety initiative intended to reduce the number of large truck and bus crashes, injuries, and fatalities. The Federal Motor Carrier Safety Administration created the initiative in response to concern over the slowing in the reduction of crash rates. Federal and State enforcement agencies have progressively reduced the rate of commercial vehicle crashes resulting in injuries or fatalities on our Nation’s highways since the 1970's, however, in recent years there has been a drastic slowing of the reduction rate of crashes and a slowing of the reduction rate of fatalities per miles traveled as depicted in the chart below:

Comprehensive Safety Analysis 2010 or CSA 2010 is the Federal Motor Carrier Safety Administration's attempt to provide support to the Federal and State enforcement agencies by taking a new approach to how the FMCSA addresses the safety of motor carriers and drivers.It allows FMCSA and its State partners to contact a larger number of carriers earlier in order to address safety problems before crashes occur. The program is being tested in various states now and should be fully implemented by 2010.

For more information visit the CSA 2010 website.

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UPS and ATV Crash

Randy Rozek — Wed, 19 Aug 2009 21:02:18 -0600

In Amberg Wisconsin on Highway 141, a 35 year old driver was traveling down the road on an ATV when he crossed the center line and was hit by an oncoming U.P.S. Delivery Semi. The driver of the ATV was said to be killed instantly after the crash. Authorities feel as if alcohol was a factor in the accident but are not sure.

The semi driver, 43-year-old Marvin Emond of Kingsford, tried to avoid the crash. He left the road, and hit several trees. He had to be extricated from the semi, using the jaws of life and was taken to St. Vincent Hospital in Green Bay, where he is listed in fair condition.

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Tour Bus Rolls over in Waupun

Randy Rozek — Tue, 04 Aug 2009 14:57:12 -0600

Several people are hurt including the driver after a bus crash on Highway 151 just south of Highway 49, near Waupun, IN.

The driver lost control about 3:30 Tuesday morning and crashed into a guard rail. Sheriff Todd Nehls says the guard rail did exactly what it was supposed to do and prevented the bus from going down an embankment. It pushed the bus back onto the highway, where it rolled over.

Authorities say 8 people were hurt, 6 with minor injuries, and two with more serious. One of the victims was taken by helicopter to Clark Medical Center with internal injuries. Investigators don't believe alcohol or excessive speed were factors in the crash.

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Dump Truck Involved in Accident

Randy Rozek — Tue, 04 Aug 2009 14:31:46 -0600

The driver of a dump truck, Kurt D. Rosenthal, 49, of Wisconsin Rapids was involved in a car accident injuring two teens. The crash happened Sunday afternoon at 12:42 pm where according to officials Rosenthal was traveling south on Highway U and continued to make a left turn onto Towline Road when his truck struck another vehicle. The driver of that vehicle Cody J. Knutson, 17 and his passenger Jason A. Jazdzewski, 17 both flown to Saint Joseph’s Hospital in Marshfield after they were extricated from their car. Knutson was listed in fair condition Thursday at Saint Josephs and Jazdzewski was released from the hospital Tuesday. Rosenthal however, was left with two citations for failure to yield the right-of-way and inattentive driving.

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Federal safety violations requiring tractor-trailer and bus companies to shut down

Randy Rozek — Tue, 04 Aug 2009 14:03:57 -0600

Hundreds of different companies around the United States were ordered to shut down because of different safety violations such as suspended licenses to possible drug use. Many of these companies we are finding out have not shut down at all but simply changed the name of their company and stayed on the roads under a different identification.

The report stated that at least 20 of the roughly 220 commercial bus companies that had been fined and ordered to shut down in 2007 and 2008 had decided to instead of shut down, stay and the road and change their name.

The investigation found offenders in at least nine states — Arizona, Arkansas, California, Georgia, Maryland, North Carolina, Texas, New York and Washington. The violators owed tens of thousands of dollars in delinquent fines and had scores of violations, from operating without the proper license to failing to test drivers for illegal drugs and alcohol.

Another 1,073 commercial trucking firms are also believed to be possible "reincarnations" after incurring fines and violations, often using the same address, owner name, employees and contact numbers. In all more than 500 of the tractor-trailer and bus companies were still operating as recently as last month, investigators said.

Companies being allowed to do this is doing nothing but making our roadways unsafe for others to use, and completely ignoring the laws for trucks on the road. In the future this will be watched to a higher extent and will be stopped.

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Columbia County Semi-Truck Crashes After Driver Falls Asleep, Injury Two

Randy Rozek — Sat, 25 Jul 2009 16:18:25 -0600

The driver of a semi-truck fell asleep around 4 a.m., on July 25, 2009, and crashed into a highway overpass. The truck crash occured on Interstate 39/90/94 and County Highway K in Columbia County, Wisconsin.

The Wisconsin State Highway Patrol indicated the semi-truck driver, Alcie Boyd, of Bozeman, Montana, was apparently traveling westbound on I-39/90/94 near Arlington, when he fell asleep, resulting in the semi driving up an embankment and hitting the overpass of County Highway K. The semi-truck became wedged between the overpass and the ground, resulting in substantial damage to the overpass and Highway K.

Boyd, and his passenger, George McDougle, of Union, Mississippi, were both injured and transported to UW Hospital in Madison, Wisconsin.

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Schneider National Semi-Truck Crashes on I-45

Randy Rozek — Wed, 17 Jun 2009 08:27:08 -0600

A Schneider National semi-truck caused huge traffic delays on Monday afternoon, June 15, 2009. The tractor-trailer lost control and overturned, blocking all four lanes. Traffic had been backed up and it appears as though the semi-truck driver, Mark Nunnally of Illinois, was unable to stop in time. The Milwaukee County Sheriff's Department cited Nunnally for reckless driving and failure to maintain control of his vehicle.

The semi-truck crash resulted in some rather extraordinary photographs and video footage. The semi-truck jackknifed, striking several vehicles. Then the Schneider National semi-truck overturned onto the back of a small pick-up truck, dragging it 200 feet. Fortunately, the driver of the pick-up truck does not appear to have sustained severe injuries. Witnesses say that if the semi-truck had been six inches closer to the cab of the pick-up truck, then the driver of the pick-up would likely have been crushed by the trailer.

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Truck Driver Involved in Deadly Wisconsin Truck Crash Finally Found Guilty

Randy Rozek — Thu, 14 May 2009 08:50:29 -0600

The man responsible for losing control of his semi-truck in Chippewa Falls has finally been convicted, three and a half years after the crash. On Wednesday, a federal jury found Michael Kozlowski of Schererville, Indiana, guilty of 20 counts of making false entries in his trucking log. Each individual conviction could result in up to five years in federal prison. Kozlowski's sentencing will be held on July 24, 2009, by U.S. District Judge Barbara Crabb.

Kozlowski was acquitted by a jury after a trial in state court two years earlier. The prosecutors in that case charged Kozlowski with several different counts, including five counts of negligent homicide. Kozlowski's attorney in that case argued that the crash was primarily the fault of the man driving the bus that crashed into Kozlowski's overturned semi, because the bus driver was not wearing his eyeglasses.

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Fatal Wisconsin Truck Crash on Highway 41 in Outagamie County

Randy Rozek — Mon, 27 Apr 2009 15:16:09 -0600

The Wisconsin State Patrol is investigating a semi-truck rollover accident that resulted in at least one fatality. The accident occured on Highway 41 in Outagamiie County near the Holland Road exit. At least three other people were airlifted to Theda Clark Hospital. According to the hospital spokesperson, they were identified as a 66 year-old Mosinee, Wisconsin man in good condition, a 44 year-old Appleton, Wisconsin man in serious condition, and a 27 year-old Greenville, Wisconsin woman in critical condition.

Preliminary investigations and witnesses seem to suggest that the wind may have played a role in causing the semi-truck to lose control and rollover.

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