Median Crossover Trucking Accidents
Median crossover trucking accidents can be deadly and terrifying accidents. These accidents typically occur when a tractor trailer is driving on a highway and, for one reason or another, the truck driver loses control of the truck, the truck exits its lane, crosses the median, and drives directly into traffic heading the opposite direction. Anytime heavy tractor trailers are involved in accidents the results can be catastrophic. But when those trucks are actually hitting oncoming traffic head-on, the results are devastating.
Board Certified Truck Accident Law Attorney Robert “Bob” Byrne
There can be a number of reasons that a tractor trailer crosses a median and causes a deadly crash.
- Distracted driving can be a cause, such as when a truck driver is texting, talking on a phone, or doing something other than focusing his or her attention on the road.
- Median crossover accidents may also be caused by driver fatigue, such as when a truck driver has been overworked and violated his or her hours of service requirements, fallen asleep, and entered the median.
- It also may be the case that the truck driver slid on ice, snow, oil, or some other hazard, lost control, and did a median crossover that created the accident.
- A truck driver may not be paying proper attention to the roadway and suddenly come upon slowed traffic for road construction or an accident and, to avert a collision there, the truck driver swerves to avoid a collision but unwittingly crosses the median and causes another accident.
- Some accidents may be due to health of the tractor trailer driver, such as when the truck driver has a condition that causes him or her to black out or suddenly lose consciousness.
With cases where a tractor trailer crosses a median and enters the opposite lane of travel, it is vitally important to conduct a thorough investigation. This includes inspecting the accident scene for hazards that might have caused the collision, interviewing first responders and other witnesses, and looking for brake marks and other physical signs that leave clues about what happened.
It is also incredible important to obtain copies of the tractor trailer’s electronically available ECM information. The ECM, which stands for Electronic Control Module, is the truck’s computer system that records a number of events immediately preceding the accident, such as the speed the truck was driving, whether the truck driver applied the brakes, and other data that would provide clarity about the accident’s cause.
In addition, the tractor trailer that caused the median crossover accident may be outfitted with cameras that show what the driver was doing leading up to the accident. Was he sleeping? Eating? Texting? All of that information might be available and can provide incredible insight into what caused the accident.
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It is also important to obtain data from any telematics systems that may have been in the truck. These systems can be original to the truck or retrofitted to the truck. This can provide deep data to offer insight into how the driver was driving, what he may have been doing before the crash, where he had been, and other information about his driving and locations. This data can also be cross referenced with hours of service information, cellular phone data, EMC data, receipts, and other information and documents.
Another issue that often arises with median crossover cases is the truck driver’s health. Many trucking companies and truck drivers claim that the median crossover was an unavoidable accident. Those companies typically contend that the truck driver experienced a sudden medical emergency. When the sudden medical emergency defense is successful, it will provide a complete defense for the claim.
To support the sudden medical emergency defense, motor carriers typically claim that the truck driver had a heart attack or other medical event that unexpectedly and unforeseeable caused the tractor trailer driver to lose consciousness. These trucking companies will say that they have no financial responsibility for the accident due to this terribly unfortunate and unlucky situation.
Whether a truck driver truly experienced a sudden emergency or sudden medical emergency is a topic for another post. Until then, however, for the trucking company and the trucker’s claim of a heart attack or other medical emergency to be successful, there must not have been warning signs for the trucker. That means that the truck driver’s medical records must be closely examined to see if the driver truly experienced a sudden emergency or if the driver’s health was so bad that the driver should not have been driving in the first place.
We have faced this defense in many cases. In every case, however, the defense failed. In some cases, the driver either had a pre-existing health condition that let the driver know that he faced a risk of losing consciousness. In one case, the tractor trailer driver reported feeling sick for several hours before the incident that caused him to pass out. In another case, a driver’s medical records from one month before the collision showed that he had recently had similar episodes of unexpectedly losing consciousness.
No matter what the evidence will show in your case, you can expect the defense to raise an aggressive defense. Cases where a tractor trailer crosses a highway median and collides with oncoming traffic are terrible and hard-fought cases.
If you would like more information about a potential claim involving a tractor trailer accident, please call Virginia Truck Accident Attorney Robert E. Byrne, Jr. for a free, no obligation consultation. Bob is the first and only attorney in Virginia who is Board Certified in Truck Accident Law. He has deep experience handling tractor trailer cases of all varieties, including by representing families who have dealt with injuries and deaths from median crossover cases. Bob’s Board Certification demonstrates that he has shown that he has the experience, knowledge, and support of his peers to handle even the most difficult truck crash cases. Bob would be happy to discuss your case with you.
To reach Bob, please call him at (434) 817-3100 or email him at [email protected].
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