Jul 19 2010
Semi-Truck Accident On I-15 Kills 2 People
Another Tragic Semi-Truck Accident Killing Two People on I-15
On Sunday, July 19, 2010, Russell W. Welsh and Emelda Welsh, of Finleyville, Pennsylvania were tragically killed when, according to news reports, a driver of a semi-truck traveling northbound at a high rate of speed failed to see that the traffic had slowed and swerved into the Southbound lane, killing Russell and Emelda Welsh.
This tragic accident happened on I-15, in Southern Utah, near Pentura in Washington County. Our heartfelt condolences go to the Russell and Emelda Welsh family.
According to one news report, officials believe that the driver of the semi-truck was not paying attention to existing traffic conditions. Because this accident involved a semi-truck, a post-accident drug test should be performed pursuant to the provisions of 49 CFR 382.303, which provides, in relevant part:
“(a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers: . . . (2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. (b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers: . . . (2) Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.”
In any accident involving a semi-truck, immediate action should be taken to prevent destruction or loss of the following important information:
1. The truck driver’s complete employment file, including but not limited to his or her qualification file and all incident reports involving the driver.
2. The truck driver’s logs and other driving records.
3. Any and all pre and post-accident drug tests administered to the driver – DOT regulations require mandatory drug testing under certain circumstances.
4. Any and all compliance audits involving the driver and the trucking company.
5. Any satellite tracking information relating to the truck and its whereabouts.
6. Any and all information contained in or from on-board data recorders, such as ECM units, also called black boxes, inclinometers, etc.
7. Records of any and all communications between the truck driver and his employer or any other person at time periods relevant to the collision.
8. Maintenance records, pre-trip inspection reports, post-trip inspection reports and annual inspection reports for the truck involved in the collision.
9. Any and all incident reports relating to the truck driver.
10. Any and all incident reports relating to the trucking company.
11. Any and all trip receipts, weight tickets, bills of waiting and other operational documents relating to the trip the driver was on when the collision occurred.
12. The truck driver’s cellular phone records for several days before the collision.
