2004 — Sep 20, Tractor-trailer crosses median, hits Pickup, SUV, ~Sherman, TX– 10

—  10  Kerrville Daily Times, TX. “Fiery crash of SUV vs. 18-wheeler kills 10.” 9-22-2004, 5.

—  10  Law Reporter.  “Automobile Accidents. Tractor-trailer crosses median…”

—  10  Mexia Daily News, TX.  “Fiery crash kills 10 in Sherman.” 9-21-2004, p. 6.

—  10  National Highway Traffic Safety Administration.  FARS 1975-2010 Fatality Analysis.

—  10  NTSB. Highway Accident Report. Median Crossover, Collision, and Fire… 4-8-2010.

—  10  Seguin Gazette Enterprize, TX.  “Accident kills 10 people.” 9-23-2004, p. 2.

 

Narrative Information

 

Sep 21, AP: “Sherman, Texas (AP) — Five members of a North Texas family and five people traveling in a pickup truck were killed when their vehicles were struck by a tractor trailer rig that had veered across a median into oncoming traffic, authorities said.

 

“The victims of the Monday afternoon crash included three McKinney children, ages 8, 3 and six weeks, Sherman Fire Capt. Doug Blackburn said.  They were riding with their mother and grandmother in a sport utility vehicle that burned beyond recognition after being hit by the tractor-trailer rig.

 

“The tractor-trailer’s driver and two adults in the pickup were hurt, authorities said….

 

“Authorities did not immediately know what company owned the tractor-trailer rig or what caused the driver to cross the median.  Blackburn said the trailer appeared to be empty. There were no signs on the side of the trailer.

 

“Seven people were in the pickup truck, including some who were riding in its bed, Blackburn said.  Some of the occupants, including the driver, appeared to be Mexican Nationals.

 

“The SUV was crushed and its license plate and vehicle identification number were destroyed in the fire.  Authorities were unable to identify its occupants until a McKinney man came to the scene saying his family hadn’t returned home that evening, the Sherman-Denison Herald Democrat reported in its Tuesday editions.  “The tractor-trailer rig and the SUV caught fire.  It’s really hard to tell one from the other,” Sherman Police Capt. Otis Henry said….

 

“Well into Monday evening, emergency officials continued to search for remains after setting up lights to illuminate the wreckage, which was strewn across both of the southbound lanes.  While the tractor-trailer rig and remnants of the SUV rested on the grassy shoulder of the roadway, the pickup truck with its cab crushed and partially draped with tarps rested askew a short distance away….

 

“Two of the injured were taken to Parkland Hospital in Dallas and one to a hospital in Sherman.

 

“The wreck occurred on the southern edge of Sherman, which is about 60 miles north of Dallas.”  (Mexia Daily News, TX.  “Fiery crash kills 10 in Sherman.” 9-21-2004, p. 6.)

 

Sep 22, AP: “Sherman, Texas (AP)….The tractor-trailer’s driver, Miroslav Janusz Jozwiak, 45, and two adults in the pickup were hurt, authorities said.  Jozwiak, a Polish national, suffered broken teeth and bruises and was taken to the Grayson County Jail after being released from the hospital.  Middents [Justice of the Peace (Greg)] said Jozwiak was being held Tuesday on 10 counts of criminally negligent homicide, but that no formal charges had been filed because authorities were waiting on a Polish interpreter….Jozwiak worked for KV Express of Willow Springs, Ind….

 

“The five killed in the pickup truck were identified as Manuel Esparza, 39; J. Marcos Esparza, 41; Hector Zapata, 33; Joel Mendoza Ruiz, 36 and German Esparza Velazquez, 19.  Their hometowns were not immediately available….” (Kerrville Daily Times, TX. “Fiery crash of SUV vs. 18-wheeler kills 10.” 9-22-2004, 5.)

 

Sep 23: “Dallas — The Texas Department of Transportation is re-evaluating its policy for placing highway median barriers after a tractor-trailer crossed into oncoming traffic and killed 10 people.  “TxDOT is about safety; we don’t take it lightly,” Kevin Harris, the Sherman-area engineer for the Texas Department of Transportation, told The Dallas Morning News in Wednesday’s editions.  “We will definitely use this experience to re-evaluate what we can or can’t do.”

 

“Five members of a McKinney family in a sport utility vehicle and five other people in a pickup were killed Monday when a truck crossed a grassy median on U.S. 75 and smashed into the vehicles.

 

“The wreck occurred near Sherman, about 60 miles north of Dallas.

 

“The driver of the rig, Miroslav Janusz Jozwiak, 45, was charged with 10 counts of criminally negligent homicide and is in the Grayson County Jail on $200,000 bond on each count.  Jozwiak, a Polish national from Daytona Beach, Fla., was briefly hospitalized with broken teeth and bruises….

 

“The victims in the SUV included three McKinney children, identified as Chance Martin, 4; Brock Martin, 2; and Reid Martin, 6 weeks.  Their mother, Lisa Wood Martin, 32, and grandmother, Betsy Wood, 72, also died….”  (Seguin Gazette Enterprize, TX.  “Accident kills 10 people.” 9-23-2004, p. 2.)

 

Law Reporter: “Esparza, 39, was traveling in a pickup truck with six relatives and coworkers on a highway.  A tractor-trailer driving in the opposite direction crossed the median and collided with the pickup, killing Esparza and four other occupants and injuring the remaining two.  The truck then proceeded to collide with an SUV, killing the family of five in it.  Esparza had been a roofer earning about $28,000 annually, and his estate claimed about $503,600 in future lost earnings.  He is survived by his wife and six minor children.  The truck driver ultimately pleaded guilty to 10 counts of vehicular manslaughter and is serving a 10-year prison sentence.

 

“Esparza’s wife, individually and on behalf of their children and his estate, sued the truck driver, the driver’s employer, and the owner of the trailer.  Plaintiffs alleged the employer and the trailer owner, because the driver was its statutory employee, were vicariously liable for the driver’s negligence.  Specifically, plaintiffs alleged that defendants were negligent for the driver’s failure to remain awake after working too many hours.  They also alleged gross negligence.

 

“The driver and his employer contended that the accident was an act of God, a new and independent cause, and a sudden emergency.  The trailer owner asserted that it was not liable for the driver’s conduct because it was acting in the role of a transportation broker; not a motor carrier, and that the driver was not its employee.

 

“The parties reached a confidential settlement prior to trial….” (Law Reporter. “Automobile Accidents. Tractor-trailer crosses median, strikes pickup, SUV: Failure to remain awake: Vicarious liability: Wrongful death: Settlement.  Contreras v. KV Trucking, Inc., U.S. Dist. Ct., E.D. Tex., No. 4:04-cv-00398, Oct. 15, 2007. Vol. 51, May 2008, pp. 105-106.”)

 

NTSB HAR: “Accident Description.

 

“On September 20, 2004, about 4:29 p.m. central daylight time, a 1999 Freightliner truck tractor, in combination with a 1997 Trailmobile dry van semitrailer, traveling northbound on U.S. Highway 75 (US 75), in the city of Sherman, Grayson County, Texas, crossed the median and collided with a 2000 Ford Expedition sport utility vehicle (SUV) and a 1990 Ford F150 pickup truck traveling southbound on the same road.  A postaccident fire ensued.  The Freightliner was driven by a 45-year-old man en route from Dallas, Texas, to Kansas City, Missouri.  The weather was cloudy, and the roadway was dry.

 

“Tire marks from the accident scene, consistent with scuff marks, indicate that as the Freightliner tractor-semitrailer approached the Farm-to-Market 1417 overpass bridge at a speed of 65–70 mph, it veered leftward from the right lane, crossed the left lane, and entered the earthen median at an angle of approximately 20°.  The tractor-semitrailer continued across the median and entered the southbound lanes, where it collided with the SUV and the pickup truck.  The Freightliner and the SUV came to rest partially in the grass, just west of the southbound travel lanes; the ensuing fire engulfed both vehicles.  The pickup truck came to rest in the southbound travel lanes.

 

“The driver and all four passengers in the SUV and the driver and four passengers in the pickup truck were killed. Two passengers in the pickup truck sustained serious injuries. The Freightliner driver received minor injuries.

 

“Roadway.

 

“At the accident scene, US 75 is a controlled-access divided road running north–south. The depressed earthen median that separates the two northbound and two southbound travel lanes varies in width from 34–43 feet.  The posted speed limit is 70 mph.  In the immediate vicinity of the accident, the northbound lanes included an entrance ramp from a frontage road running parallel to the highway… the tire marks produced by the Freightliner began approximately 159 feet prior to the entrance ramp….

 

“The Sherman Police Department interviewed 14 eyewitnesses, most of whom stated that the Freightliner was traveling 65–70 mph, and that the driver appeared to be changing from the right lane to the left lane before swerving leftward into the median. None of the witnesses recalled a vehicle suddenly entering the Freightliner’s lane of travel, though one witness stated that a vehicle in front of the Freightliner changed from the right lane to the left lane. Another witness stated that he was on the frontage road, preparing to enter the roadway, when the accident occurred. None of the witnesses reported seeing the semitrailer’s brake lights illuminate during the accident sequence.

 

“Accident Trip.

 

“KV Express, Inc., dispatched the Freightliner driver from Chicago, Illinois, on September 17, 2004, about 10:30 p.m., to transport a cargo of mail to Dallas, Texas. Because of the distance from Chicago to Dallas and the required rest time, the trip would be expected to take approximately 25 hours. When dispatched, the driver had more than sufficient time to safely drive to Dallas and comply with all driving time and rest requirements. For unknown reasons, the driver chose to remain in the Chicago area until the afternoon of September 19. The cargo was delivered in Dallas on September 20, about 63 hours after being dispatched. The driver departed the Dallas area about 2:40 p.m. on September 20 to deliver an empty trailer to Kansas City, Missouri.

 

“Records obtained from the Freightliner driver’s cellular telephone provider produced additional information about his activities in the days preceding the accident.  On September 19, the driver began making and receiving calls about 6:00 a.m. He made his last call of the day using a cellular tower in Lenexa, Kansas, about 9:00 p.m. The driver made or received a total of 35 calls on September 19; the timing, duration, and location of these calls suggest that he would have had only 2 hours to rest, sometime between 6:00 and 10:00 a.m. The driver’s first call on September 20 was made about 4:03 a.m., using a cellular tower in Dallas, Texas. Further examination of his cell phone records revealed that he made or received 97 calls between 4:03 a.m. and 4:24 p.m. on September 20 (about 5 minutes before the accident). The only break of any significant length in the driver’s cell phone use on that day was from 6:05–9:05 a.m., suggesting that—at best—he may have been able to take a nap or otherwise rest for about 3 hours. Taken as a whole, the driver’s cell phone records suggest that he would have been awake for most of the 34.5 hours prior to the accident. Title 49 Code of Federal Regulations 395.3 states that the driver of a property-carrying motor vehicle shall not drive more than 11 cumulative hours following 10 consecutive hours off duty or for any period after the end of the 14th hour after coming on duty (following 10 consecutive hours off duty).

 

“It is well established that sleep loss results in deficits in a number of driving-related performance measures, including reaction time, vigilance, sustained attention, and lane tracking ability.

 

“Specific to this accident, research has shown that a driver can have an oversteer reaction following a startle response from an episode of inattention or incipient sleep.  A 20° angle of departure relative to the roadway suggests a large, abrupt steering input in response to an imminent or just-recognized hazard.  As stated above, none of the witnesses saw a hazard enter the Freightliner’s path prior to the driver’s abrupt steering input; in fact, the only potential hazard was a vehicle in front of the tractor-semitrailer, suggesting that the driver noticed or became aware of the vehicle only just prior to initiating his steering maneuver.

 

“Immediately before the accident, the Freightliner driver was traveling in the right lane. The tire marks created as the tractor-semitrailer abruptly moved to the left were consistent with those caused by an evasive steering maneuver. The accident scene diagram (see figure) shows that the tire marks began about 159 feet prior to where an entrance ramp joined the main northbound travel lanes of US 75. Based on the Freightliner’s overall length of approximately 50 feet, the front of the tractor would have been only 109 feet from the ramp at the inception of the tire marks. Witnesses reported the Freightliner to be traveling 65–70 mph, which would have placed it less than 1.15 seconds from the ramp. At least two witness statements place other vehicles in the vicinity of the entrance ramp. One vehicle was changing from the right lane to the left lane in front of the tractor-semitrailer, and the other vehicle was preparing to enter the highway at the entrance ramp. Although none of the statements suggested that these vehicles were a hazard, the Freightliner’s tire marks show that the driver made an evasive steering maneuver in response to possibly perceiving the vehicles as being hazardous.

 

“Freightliner Driver.

 

“The accident investigation revealed the Freightliner driver to be a Polish citizen in the United States legally as a resident alien. Although the driver’s primary language was Polish, he was conversant in English and made several comments to English-speaking witnesses postaccident. At the time of the crash, the driver held a valid Florida class “A” commercial driver’s license (CDL) with no restrictions and a hazmat endorsement. The CDL was issued in April 1998 and expired in April 2005.

 

“Less than 5 weeks prior to the accident, the Freightliner driver was issued a medical certificate following an examination. At that time, the driver did not indicate any medical conditions or the use of any medications.  Two antipsychotic medications (described in the following section)—neither available in the United States—were found in the driver’s possession at the time of the accident, and he indicated to medical personnel after the accident that he had been diagnosed with and given medication for depression while visiting Poland in January 2004.  Treated depression is not specifically disqualifying for commercial drivers, but it would have been nearly impossible for a U.S. examiner to adequately evaluate the effects of the two drugs that had apparently been prescribed for the driver.

 

“Medications.

 

“At the time of the accident, the Freightliner driver was found to have perazine, sulpiride, and dipyrone in his possession. Because the driver declined to grant an interview to NTSB investigators, no specific information on his use of these prescription drugs could be obtained. NTSB staff visited 13 pharmacies in the vicinity of the driver’s home. No record of prescriptions was found during this search.

 

“The driver was arrested following the crash and was taken to the Grayson County jail, where medical personnel examined him. According to records from the jail, the driver stated that—during a visit to Poland—he had been prescribed medication for depression in January 2004 but had stopped taking it in May 2004 because it made him sleepy. The driver could not name the medication, but he stated that it was in his briefcase. The driver declined through counsel to be interviewed; no specific information was obtained on over-the-counter drugs that the driver may have been taking. The driver did indicate to staff at the jail that he was taking Tylenol (acetaminophen) and glucosamine.

 

“At the request of the Sherman police, staff at the Wilson N. Jones Medical Center took blood and urine samples from the driver to test for drugs and alcohol. The blood sample was collected at 5:34 p.m., and the urine sample was collected at 6:40 p.m.—both within 2.5 hours of the accident. Laboratory tests on the driver’s urine were negative for phencyclidine, benzodiazepines, cocaine, tetrahydrocannabinol, opiates, barbiturates, and amphetamines. A test of the driver’s blood was negative for alcohol….

 

“Motor Carrier.

 

“….Two days following the accident, on September 22, 2004, the FMCSA initiated a compliance review of KV Express. The compliance review revealed discrepancies in the driver, operational, and vehicle areas; and the carrier was issued a “conditional” safety rating. The FMCSA also initiated an enforcement action against KV Express for using a driver before receiving preemployment drug test results, using a driver not medically reexamined for 24 months, and failing to properly enter duty status during meal stops. The enforcement action resulted in a fine of $2,610.

 

“KV Express was previously known as KV Trucking, Inc. The owner and his wife shared the responsibilities and duties of running the company. The husband was the president, handled most business matters, and drove only occasionally. KV Trucking was registered with the FMCSA and had been assigned USDOT identification number 879903 on December 6, 2001. KV Trucking operated four power units with six interstate drivers. The company ceased operation in February 2004 but was still listed as an active carrier by the FMCSA at the time of the accident.

 

“Because the FMCSA had not been notified by the owners that KV Trucking was inactive, the company was considered an active carrier in the FMCSA database. The NTSB database inquiry response at the time of the accident was based on the prior 24 months. During this time, KV Trucking vehicles had been subjected to 15 vehicle inspections, of which 4 inspections resulted in a vehicle out-of-service (OOS) violation—for an OOS rate of 26.7 percent, compared to the national OOS average of 22.92 percent. KV Trucking drivers had been subjected to roadside driver inspections 22 times, during which 4 drivers were placed out of service—for a driver OOS rate of 18.2 percent, compared to the national OOS average of 6.78 percent.

 

“The rationale for KV Trucking becoming KV Express is unclear. According to the husband and wife owners, the husband wanted to return to driving duties. The NTSB did not discover any unpaid fines or FMCSA orders to cease operating against KV Trucking. However, the company’s driver OOS average was nearly three times greater than the national average. There is no apparent justification for the KV Express application as a new entrant carrier. The FMCSA has recently developed new procedures to identify existing carriers who attempt to reincarnate themselves through the new entrant program.

 

“Ejections From Pickup Truck.

 

“Of the six passengers in the Ford pickup truck, four were either partially or fully ejected. One of these passengers had been sitting in the front seat and was partially ejected out the front right door as it was torn open during the accident sequence. All three passengers who had been sitting in the enclosed bed of the pickup were ejected—two of whom came to rest in the roadway and were killed. The third passenger was found on the roof of the upright pickup truck at final rest.

 

“There are no restraints in open or enclosed cargo areas. In 1981, the NTSB conducted a safety study on fatalities and injuries associated with riding in cargo areas of pickups. The study focused on an accident involving a compact pickup truck carrying 11 passengers—3 riding in the cab and 8 riding in the open cargo area of the truck. The driver failed to negotiate a curve, and the truck ran off the road and overturned. Seven people in the cargo area were killed. The study also examined 1975–1979 data from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System involving accidents with occupants riding in the cargo areas of pickups. As a result of the study, the Board made a recommendation to the states to review existing laws and revise as necessary to prohibit passengers from riding in the open cargo area of a vehicle, except during work-related activities. (The status of Safety Recommendation H-81-68 is “Closed—Acceptable Action.”) As of February 2010, 30 states and the District of Columbia have enacted laws that restrict riding in the cargo areas of pickup trucks.

 

“Probable Cause.

 

“The National Transportation Safety Board determines that the probable cause of the September 20, 2004, median crossover accident near Sherman, Texas, was the Freightliner driver’s startle response consisting of a sudden and sharp over control maneuver to the left in an unnecessary reaction to vehicles that were traveling a safe distance ahead of the truck, caused either by the driver’s significant lack of sleep, which resulted in a brief period of sleep or attention loss while driving, or by the driver’s attempted or imminent use of a wireless device, which distracted him from his driving duties. Contributing to the severity of the accident was the use of a pickup truck cargo area bed to transport passengers despite its lack of any occupant restraint system.” (National Transportation Safety Board.  Highway Accident Report. Median Crossover, Collision, and Fire, U.S. Highway 75, Sherman, Texas, September 20, 2004 (NTSB No. HAB-10/01).  4-8-2010.)

 

Sources

 

Kerrville Daily Times, TX. “Fiery crash of SUV vs. 18-wheeler kills 10.” 9-22-2004, p. 5. Accessed at: http://www.newspaperarchive.com/kerrville-daily-times/2004-09-22/page-5/

 

Law Reporter.  “Automobile Accidents. Tractor-trailer crosses median, strikes pickup, SUV: Failure to remain awake: Vicarious liability: Wrongful death: Settlement.  Contreras v. KV Trucking, Inc., U.S. Dist. Ct., E.D. Tex., No. 4:04-cv-00398, Oct. 15, 2007. Vol. 51, May 2008, pp. 105-106.” Accessed 2-1-2012 at:  http://fineberglaw.com/assets/files/Law%20Reporter%20Contreras.pdf

 

Mexia Daily News, TX. “Fiery crash kills 10 in Sherman.” 9-21-2004, p. 6. Accessed at:  http://www.newspaperarchive.com/the-mexia-daily-news/2004-09-21/page-6/

 

National Transportation Safety Board. Highway Accident Report. Median Crossover, Collision, and Fire, U.S. Highway 75, Sherman, Texas, September 20, 2004 (NTSB No. HAB-10/01).  Washington, DC: NTSB, adopted 4-8-2010. Accessed 2-1-2012 at: http://www.ntsb.gov/investigations/fulltext/HAB1001.htm

 

Seguin Gazette Enterprize, TX. “Accident kills 10 people.” 9-23-2004, p. 2. Accessed at:  http://www.newspaperarchive.com/seguin-gazette-enterprise/2004-09-23/page-2/