Georgia Truck Accident Lawyers Blog

Regrettably, something we have seen recently, which is very troubling, are cases where fly-by-night trucking companies which have failed to register with either state or federal authorities operate nonetheless with minimum insurance coverage insufficient to protect the rights of the innocent motoring public. The state and federal regulatory scheme is such that all commercial motor carriers for hire are required to register with state and federal authorities. The reasons for this are obvious. By registering with the state, the state can make sure that all commercial motor carriers are financially responsible should they cause damage to the public. Also, by registering with the state, the state can collect taxes and other fees and also regulate the safety of the motor carrier’s operations. The same is true on a federal level. The problem emerges, however, when the commercial motor carrier fails to register at all. In this context, in order to get business, such a carrier typically will still have to have an insurance certificate from an insurance company certifying to their client/customer that they have insurance coverage. The problem is such insurance coverage is typically inadequate to protect the needs of the public and also creates legal problems in the event of a subsequent claim.

If a motor carrier fails to register with either the state or federal government, then typically the insurance company also fails to file required certificates of coverage also required by such authorities. On a state level, motor carriers are required to file a Uniform Bodily Injury Certificate of Insurance (usually in the form of a Form E filing) which indicates that the insurance company for the commercial motor carrier has issued a liability insurance policy to the motor carrier. Unless a Form E is filed, however, in many states, there is no automatic liability of the insurance carrier for the negligent acts of the commercial motor carrier. Thus, we have the anomalous situation where those who comply with the law, that is those who register with the state and file certificates of insurance are in a position to protect the public whereas those who disobey the law are benefitted thereby because the insurance companies can then claim that having filed no Form E with the state, they have no liability to the public. This unjust result obviously needs to be addressed by legislatures nationwide and yet the problem continues to exist.

Not only is this a problem on a state level, this is also a problem on the federal level. Commercial motor carriers for hire who operate in interstate commerce are required to file with the Federal Motor Carrier Safety Administration a Form MCS-90 which again certifies that they have adequate insurance coverage to protect the public in the event of a accident involving personal injuries. For those carriers that fail to register with the federal government but nonetheless operate in interstate commerce, the same problem emerges. The insurance company does not file the MCS-90 because they have not been requested to do so. The insurance company nonetheless has information to believe that the insured for which it has provided coverage is operating commercially in interstate commerce. Nonetheless, by virtue of not filing a MCS-90 form with the federal government, the insurance company can make the argument that it has no duty to the public in the event of a subsequent claim for personal injuries. Again, those who violate the law benefit from their violation whereas those who comply with the law are required to provide insurance coverage for the public in the event of a motor vehicle accident. Again, this anomalous result which still exists today, needs to be addressed by Congress.

It has been our unfortunate experience that when fly-by-night carriers cause great damage to our clients, regrettably, collecting under their insurance policies has proven to be exceedingly difficult. While we will continue to do everything we can to represent our innocent clients most of the legal problems encountered in such cases could be easily addressed by state and federal authorities. We can only hope that this loophole in the law will be corrected before other innocent people needless suffer from the acts of fly-by-night motor carriers operating in intrastate and interstate commerce.

Our lawyers recently completed a case in which the driver of a heavy truck which caused a collision with serious injuries was found to be disabled and medically unable to be operating the vehicle. For many years, The National Transportation Safety Board, NTSB, has been pushing for increased regulations to prevent medically unqualified drivers from operating commercial vehicles such as tractor trailers and heavy trucks.

Based on investigations of accidents involving drivers with serious medical conditions, the NTSB determined that serious problems exist in the medical certification process for commercial vehicle drivers. According to the NTSB, these problems can lead to increased highway deaths and injuries for commercial vehicle drivers, passengers, and the motoring public.

The NTSB study found that many commercial vehicle drivers who have serious medical conditions which are known to their employers, physicians, or others, are never reported to the appropriate board or motor vehicle licensing authorities. Enforcement authorities cannot in most instances determine the validity of a medical certificate during safety inspections and other routine stops, because of the absence of procedures or information sources to validate the medical information on the driver’s certificate. According to the NTSB, in the absence of a mechanism to track all medical certification examinations, a commercial driver with a serious medical condition who is denied a medical certificate by one examiner, may be able to obtain a medical certificate from another examiner. This bypasses the purpose of the medical certification process and can endanger the motoring public.

According to the NTSB, the Federal Motor Carrier Safety Administration, which has authority over commercial drivers, is working too slowly to complete directives from Congress that it, the FMSCA, ensure that medical examiners are qualified and know what to look for in conducting examinations on commercial drivers, track all medical certificate applications, enhance oversight enforcement in valid certificates, and provide a comprehensive mechanism for reporting medical conditions.

According to the NTSB, once these recommendations are implemented by the FMSCA, there should be a decrease in danger to the motoring public from medically unqualified drivers.

In light of our lawyers' recent recovery of 3.25 million dollars in a tractor trailer collision case in which the truck driver was found to be under the influence of illegal drugs, we are repeating pertinent information contained in a previous entry.

Our lawyers are frequently handling cases in which the driver of a heavy truck is under the influence of illegal stimulents, such as methamphetamine.

Despite Federal regulations that limit the hours they can drive in a single day, truck drivers are constantly looking for ways to stay awake longer, drive farther, and make more money. Seventeen out of 20 truck drivers inter-viewed by the Center for Substance Abuse Prevention (CSAP) said that methamphetamine is easy to get at truck stops. The National Institute on Drug Abuse says that people in occupations (such as long-haul truckers) that demand long hours, mental alertness, and physical endurance, have been using methamphetamine at increased rates.

The use of stimulants by truck drivers to combat fatigue is fairly common. Surveys and roadside tests indicate that about one in five drivers use stimulants on at least some trips.

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