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Fiery, Deadly I-264 Truck Crash Illustrates Multiple Mistakes

By Randy Appleton

Two essential lessons emerge from a deadly accident near the 1-64 interchange on I-264 in Norfolk just before midnight on Thursday, Dec, 14. First, tractor-trailer drivers need to constantly be on the lookout for other, smaller vehicles. Second, drivers whose cars become unsafe while on the road need to get off the road as quickly as possibly.

Several things went wrong near Military Highway that night. Sadly, the confluence of negative events resulted in the untimely death of a 25-year-old Portsmouth man. According to the Virginian-Pilot, the young man was a passenger in an Oldsmobile Cutlass that was traveling in the left (i.e., fast) lane at less than 30 mph because it had a flat front tire. A tractor-trailer cruising in the same lane and at the posted speed limit smashed into the Oldsmobile from behind, igniting a fire that proved fatal.

The driver of the car survived. Preliminary charges of reckless driving have been filed against the truck driver, who also survived. Overtaking an emergency vehicle and failing to brake appropriately are defined as reckless driving offenses in Virginia, although news reports do not specify whether either is the specific charge the truck driver faces.

As the law requires, and general safety demands, the tractor-trailer operator should have recognized that his path was blocked by the slow-moving car and, consequently, slowed down or changed lanes to pass. At the same time, the car should have been on the shoulder or off the interstate completely.

Operating an unsafe vehicle, moving far below the speed limit, impeding traffic and "failure to give way to an overtaking vehicle" are also ticketable offenses according to the Virginia Department of Motor Vehicles. Beyond those legal realities, no driver should ever drive with a flat tire because doing so makes the car difficult to steer, stop or otherwise control.

I am in no way assigning blame to anyone involved in the accident Thursday night. The incident and its outcome are tragic all around, and my heartfelt sympathies go out to everyone concerned. What I also hope is that some good can come from this accident by reminding everyone to drive safely and to take the appropriate actions when dangers arise on the roads.

In that spirit, I will share this list of tips for handling tire blowouts, courtesy of Safety.com:

• Instead of braking, ease off the gas.
• Hold the wheel firmly and steer as straight as possible.
• Do no make quick maneuvers, as those can cause your vehicle into to roll over.
• Coast to a stop, carefully steering to a safe stopping place.
• Turn on the emergency flashers and exit the vehicle cautiously.
• Place police flares, warning flags, or reflecting triangles behind your vehicle to alert other drivers.
• If you know how to change the tire, and can do so safely, then go ahead. If not, call for help or wait for a police officer or tow-truck operator.
• Never stand behind your vehicle or next to the traffic-side of your vehicle.

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by Randy Appleton

Full post as published by Norfolk-Portsmouth Personal Injury Lawyer on December 18, 2009 (boomark / email).