Georgia Truck Accident Lawyers Blog

According to the 2006 Federal Motor Carrier Safety Administration, one in 20 drivers will be involved in an accident this year. The government study also showed that there are roughly 141,000 truck crashes each year with 77,000 of these or over one-half being the direct fault of the driver. Aubrey Allen Smith is the author of “Truth About Trucking.” Mr. Smith apparently hails from Citrus Springs, Florida and has compiled a list of the top ten causes of these truck accidents. According to Mr. Smith, the top ten causes of truck accidents are as follows:

1. Prescription drug use - 26%
2. Traveling too fast - 25%
3. Unfamiliar with roadway - 22%
4. Over the counter drug use - 18%
5. Inadequate surveillance - 14%
6. Fatigue - 13%
7. Illegal maneuver - 9%
8. Exterior distraction - 8%
9. Inadequate evasive action - 7%
10. Aggressive driving behavior - 7%

In short, roughly 50% of the accidents for which statistics are available indicate that truck drivers are taking drugs or traveling too fast. One can hardly be surprised with the brutal work schedule these drivers keep and the pressures placed upon them by their employers to place profit above safety. While everyone has to make a living, the pressures on American truck drivers are clearly at an all time high and regrettably, the stress and strain is borne out by the statistical data which so reflects. In this age of de-regulation, regrettably, we believe that the statistics will only get worse. Because of the Government’s de-regulation of the truck industry, litigation with large awards may be the best deterrent available to save lives.

The Fatality Analysis Reporting System (FARS) of the Federal Motor Carrier Safety Administration is a tool often overlooked by practitioners when it comes to available statistical data regarding vehicular accidents. For example, our firm has been handling several high speed police pursuit cases and in connection therewith obtained from the Federal Motor Carrier Administration information submitted to it on a nationwide basis to its Fatality Analysis Reporting System. Unfortunately, the statistics are likely under reported because there is no mandatory form which is utilized by all the states to report fatalities and motor vehicle accidents such as police pursuits. Nonetheless, what we saw is that from 1982 through 2004, 7,434 people were reported to FARS as being killed in high speed pursuit cases. The national average was approximately 350 deaths per year with approximately 20 deaths per year in Georgia.

The FARS reporting data also makes available to the public the number of fatalities from motor vehicle collisions involving commercial tractor trailers. Again, this data under-reports the extent of the problem but is still the best data we have. While the statistics do not show who was at fault in these accidents, nonetheless, the statistics are sobering. Indeed, from 1994 through the end of 2005, there were approximately 2,741 fatalities in Georgia. Regrettably, these statistics could be reduced were there a greater emphasis on safety. Nonetheless, what these statistics teach us is that people will continue to die on our public roads and highways in accidents involving commercial trucks and in situations involving high speed pursuits. We believe that these statistics prove that there is a greater need for regulation, not less, in both areas. While the current regulatory environment is not conducive to public safety, it appears that the best available tool to address these safety issues remains litigation. As the saying goes, “if you hit them in the pocketbook, maybe they’s start paying attention.” Because regulators have a “non-regulatory” free market approach today, trial lawyers today have the best chance of anyone to hold these companies accountable for their negligent acts.

"Respect for life" can take many forms, and "Road Safe America" packs a powerful message about protecting lives from needless deaths on American roads.

I met Steve Owings, a member my church, on Tuesday to learn about how his life has changed since his son died when he was struck from behind by a speeding tractor-trailer in a horrible--and preventable--trucking "accident" in 2002. Brothers Cullum and Pierce Owens had almost finished their drive back to college after Thanksgiving break, when a large truck on "cruise control" set at more than 70 mph slammed into them in stopped traffic. Cullum died at his brother's side.

This father's mission now is to prevent similar tragedies for other families. He is working for common sense changes to cause the trucking industry in the United States to operate with safety measures that are used with success elsewhere in the civilized world. And he is making progress--but can use some help. With Steve's permission, I am helping spread the word quickly about his efforts through this blog--and will continue to help accomplish Road Safe America's goals to protect lives over time.

Like any father, I could not imagine what Steve and Susan Owings have felt since hearing from their surviving son of Cullum's death on the highway. Their commitment now to seeing changes made to protect other lives could not be clearer.

They describe Road Safe America's goals as including:

Educating truck drivers and others about the risks of trucks and passenger vehicles sharing our nation's highways;

"Honoring" the companies, officials and others who help us achieve our mission.

The Owings are being listened to, both by reputable trucking companies that largely support their efforts, and by the government. Steve Owings has been appointed to FMCSA's Motor Carrier Safety Advisory Committee. Their Petition to require speed governors limiting tractor-trailers to 68 mph is in the administrative process, with substantial support of reputable trucking companies.

With Steve's permission, we are linking to this moving video about how he and Susan are making sure other deaths can be prevented by these safety changes, which we will explain in a later post.

We will explain more about Road Safe America and its progress on future posts. We admire Steve and Susan Owings for what they are doing to protect lives in the future.