Category Archives: trucker

Truck Driver or Traveling for Work, Fun? Watch for Trains at Crossings

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Crashes between trains and semi trucks, pickups, buses or cars rarely end well for the vehicle that’s not the train. It seems to me that there have been a disturbing number of these crashes that have made news nationwide within the past couple of months or so. Nebraska is not immune from this trend, sadly, as here are three examples of varying details that just happened over the course of a recent month.

Just recently, “James Hubbard of Dakota City was driving east across the tracks when his rig was hit by a northbound train,” according to a news article on Journalstar.com, Lincoln, Neb.’s, local newspaper. This television coverage gives more details. Sympathy and thoughts go out to Mr. Hubbard’s loved ones.

Another story in the past month came from within the state around west-central Nebraska, near North Platte. A semitrailer loaded with 68 cattle was hit by a Union Pacific passenger train, and no humans were hurt, although a number of cattle died, were hurt, or escaped the semi’s trailer.

Although it’s reassuring that no one was hurt in the next recent story, it’s also important to let someone know if your vehicle gets high-centered on railroad tracks. This situation, also near North Platte, elaborates on that scenario.

In addition, though not in Nebraska, here are links to three other recent accidents between trains and trucks: one in California, one in Indiana, and one in Florida. According to the news reports, no one was hurt, though all situations were definitely dangerous.

Because attorneys and staff members of Rehm, Bennett & Moore work with injured truckers through the website truckerlawyers.com and various related social-media outlets, I am convinced through my interactions with truck drivers that the vast majority are extremely safety-conscious and careful. But I urge all, regardless of what kind of vehicle you drive, to have a renewed diligence at train crossings.

In fact, my family lives within a mile of a set of very busy train tracks, and on any given day, I usually cross tracks around Lincoln, Neb., around 10 times. So although it is sobering that it takes another person’s death as a reminder, I, too, will encourage my friends and family to follow through on these tips that can be found on the Operation Lifesaver website, which is an excellent resource for truckers and all drivers.

  • “Trains and cars don’t mix. Never race a train to the crossing — even if you tie, you lose.
  • The train you see is closer and faster-moving than you think. If you see a train approaching, wait for it to go by before you proceed across the tracks.
  • Be aware that trains cannot stop quickly. Even if the locomotive engineer sees you, a freight train moving at 55 miles per hour can take a mile or more to stop once the emergency brakes are applied. That’s 18 football fields!
  • Never drive around lowered gates — it’s illegal and deadly. If you suspect a signal is malfunctioning, call the 1-800 number posted on or near the crossing signal or your local law enforcement agency.
  • Do not get trapped on the tracks; proceed through a highway-rail grade crossing only if you are sure you can completely clear the crossing without stopping. Remember, the train is three feet wider than the tracks on both sides.
  • If your vehicle ever stalls on a track with a train coming, get out immediately and move quickly away from the tracks in the direction from which the train is coming. If you run in the same direction the train is traveling, when the train hits your car you could be injured by flying debris. Call your local law enforcement agency for assistance.
  • At a multiple track crossing waiting for a train to pass, watch out for a second train on the other tracks, approaching from either direction.
  • When you need to cross train tracks, go to a designated crossing, look both ways, and cross the tracks quickly, without stopping. Remember it isn’t safe to stop closer than 15 feet from a rail.
  • ALWAYS EXPECT A TRAIN! Freight trains do not follow set schedules.”

Being armed with information is important, so here are links to three more Operation Lifesaver sites:

Crossing Collisions & Casualties

Grade Crossing Fatalities by State (Top 15)

Collisions by State (Top 15)

In addition, Operation Lifesaver does outreach specific to truck drivers and company safety programs, so contact them to learn more about taking advantage of those training options.

The reality is that just as all drivers need to avoid distractions and drive defensively, it is imperative that truckers, those traveling for work, and really, all drivers, pay attention to what’s around them, especially when it comes to crossing train tracks.

The offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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Deadline for ACA Sign Up Is Monday

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Monday, March 31, is the deadline to enroll for coverage this year through the Affordable Care Act’s process. There’s a lot of information out there, and it can be extremely overwhelming. For procrastinators, here are some good places to start, hopefully help to beat the deadline, and most importantly, enroll in insurance coverage.

A starting place is healthcare.gov. Be sure to use the .gov, as other places (.com, .net, etc.) aren’t actually the insurance exchange and at worst, can be scams. From there, if things get confusing, as insurance often does, another option is to call 800-318-2596 for help, according to healthcare.gov. Or, by clicking on “Find local help” and providing a zip code, there are more direct ways to get ahold of someone and ask questions.

The site itself answers such questions as what kind of coverage a person qualifies for when the marketplace application is filled out. Unfortunately, Nebraska is one of the states that has chosen to not expand Medicaid, so clicking on the link about what Medicaid expansion means will help explain how this affect people. However, many folks are qualifying for subsidies, which are automatically applied to specific plans, often the silver level, and help people afford more comprehensive coverage, with the subsidies based on income. Note that the one-page guide recommends applying either online or by phone, as a paper application won’t be processed quick enough to meet Monday’s deadline.

Here’s an example of how the ACA affects people in one industry that the firm works with through the website www.truckerlawyers.com. The Smiths, who are strong advocates for drivers, recently had both a blog post and a podcast about options for truckers, so follow the links to explore those resources. This information also generally applies to those who aren’t truckers, too.

Why should a person go to the effort? Because there are actually financial and societal benefits to having health insurance, especially if something happens and a person has medical needs.

An editorial in the Kansas City Star recently argued a number of points about the wisdom of having insurance coverage. As has been mentioned before in this blog, folks having health insurance coverage benefits more than just the individual.

“You’ll be pulling your weight. Americans pick up the costs of caring for uninsured patients in the form of higher insurance premiums, higher taxes and more expensive care.”

Just as it’s important for employers to have workers’ compensation insurance coverage, individuals – and their families – should have health insurance to try to plan for the unknown.

The offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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