Georgia Truck Accident Lawyers Blog

Between 1982 and 2006, 5,473 people lost their lives in Georgia due to tractor-trailer accidents in this state. Nationwide, in 2006 alone, 4,995 died in large truck collisions. Between 1982 and 2006, on a nationwide basis, 126,107 people lost their lives. Although large trucks are only 3% of U. S. registered vehicles, according to the Insurance Institute for Highway Safety, they account for 13% of annual motor vehicle crash fatalities. When a car collides with a big truck, 98% of the people who die are in the small passenger vehicle.

These sobering statistics continue to demonstrate that people will continue to die due to large tractor-trailer accidents occurring in this state and elsewhere. In 2006, 232 people in Georgia were killed in large tractor-trailer accidents. These statistics demonstrate, in rather graphic fashion, that large trucks are a danger on the public roads and that everyone is a potential victim. As stated, there have been 5,473 Georgia victims between 1982 and 2006.

As we have blogged about previously, there are numerous safety regulations in effect which are designed to reduce and minimize the chances of serious injury or death caused by trucks. Unless these safety measures are enforced, however, they can have little impact on the staggering number of deaths. Moreover, the statistics we have cited herein are only deaths and do not include serious injuries which are far in excess of the death total. Thus, if anything can be stated with certainty, it is that we do not need more deregulation of the trucking industry but rather more regulation, particularly in the safety area. Until such safety regulations are enforced, on a strict basis, it is regrettable that litigation remains one of the best tools available to try to reduce the carnage on the roads. By holding irresponsible and negligent trucking companies financially liable for their acts of negligence, hopefully, money damages will serve as a deterrent to reduce the numbers in what is otherwise a continual state of deregulation. Without adequate regulation it appears that private lawsuits may be the most effective inducement for adherence to safety regulations by the trucking industry.

Our personal injury lawyers have written before about the Federal Motor Carrier Safety Regulations and how they impact the public safety when it comes to truck drivers operating tractor trailer rigs on our interstate highways. Obviously, before anyone can operate a tractor trailer rig, they must be physically able and qualified to drive. As an example, they must receive a certificate of a medical examination in which a doctor confirms that they are physically fit and able to operate a tractor trailer. See 49 C.F.R. § 391.43. A road test must be passed by the truck driver. See 49 C.F.R. § 391.31,.35. Drug testing must also take place on a pre-employment basis and anytime after an accident occurs. See 49 C.F.R. § 382.301,.303,.305.

In order to prevent driver fatigue, there are strict limits on the number of hours that a driver may stay on duty. See 49 C.F.R. § 396.3,.5. To documents that drivers do not go over the allocated hours, they must maintain accurate and up to date logs of their time of duty and time on the road. See 49 C.F.R. § 395.8. Truckers may not drive at all once a driver has been on duty seventy hours in any eight consecutive days. See 49 C.F.R. § 395.3.

Companies that do not monitor compliance with these safety regulations can be held liable for their failure to do so. Drivers may commit negligent acts that give rise to civil liability for money damages and their employers can be held independently liable if they do not do enough to prevent accidents caused by safety violations. In every truck case involving serious injury or death, the trucking company’s records should be subpoenaed to make sure that safety regulations were followed. If not, as is often the case, additional damages can be awarded against the trucking company for proven safety violations.

Under the Federal Motor Carrier Safety Regulations, a truck driver may not be hired, nor may he operate a tractor trailer, unless certain employment criteria are met. One set of criteria deal with the prospective truck drivers qualifications to drive a truck. In this regard, a federal motor carrier must check the drivers driving records for the past three years in every state in which the driver has held a license. See 49 C.F.R. § 391.23((a)(1)). Prior employers for the past three years must be contacted, and the trucking company considering hiring the driver must ask about the driver’s employment status and quality of work. Written notes are required to be retained regarding each contact with each prior employer. See 49 C.F.R. § 391.23(d). Additionally, a road test must be passed by the truck driver. See 49 C.F.R. § 391.31,.35.

To ensure that truck companies hire safe truck drivers, all collected records about the driver must be maintained by the trucking company at the principal place of business of the motor carrier for as long as the driver is employed and for a minimum of three years after he is no longer employed. Obviously, the purpose of this requirement is to make sure that trucking companies not only hire safe drivers, or at least attempt to do so, but that they maintain their records documenting what they did to ensure that they comply with the law in this regard.

Those trucking companies that fail to verify what is required of them before they hire a driver can be sued for negligently employing an unqualified, unsafe or unfit driver. Punitive damages can also be imposed under Georgia law because a violation of a federal safety regulation is a crime, a misdemeanor punishable by up to one year in jail. If an unsafe driver causes injury to another and it can be established that the employer truck company failed to comply with federal safety regulations, the trucking company can be held liable for its own violations of the law as well as for the negligent acts of the driver. Thus, in any case involving serious personal injury or wrongful death in which a truck is involved, employment records should be subpoenaed to verify compliance with mandatory safety regulations.

Our Atlanta car accident attorneys have been involved in numerous cases in which tire failures have resulted in serious injury and death. We are currently involved in a Georgia case in which a defective tire failed on a dump truck resulting in the death of our client’s wife.
Last week, the National Highway Traffic Safety Administration advised that the risk of a serious crash during hot weather can be heightened by tires that are worn out, under-inflated or too old.

NHTSA research shows that hot weather – and overloaded vehicles – can add significant stress to a tire, especially if it is not properly inflated. Old tires also are subject to greater stress, which increases the likelihood of catastrophic failure. Tire condition is important for all vehicles, but it is especially critical for those more prone to rollover when tires fail. That would include sport utility vehicles (SUVs), pickups or other vehicles with a higher center of gravity.

Some tire and vehicle manufacturers, including Ford Motor Company, have issued recommendations for replacing tires that range from six to ten years of age. Consumers are advised to check with their tire or vehicle manufacturer for specific guidance. The age of a tire can be determined by checking the identification number on the sidewall that begins with the letters "DOT". The last four digits represent the week and year the tire was manufactured.

Tire inflation can be checked with an inexpensive gauge, using the vehicle manufacturers’ recommended pressures, which are found on the driver’s side door pillar or in the owner’s manual.

To reduce the risk of a crash, NHTSA Administrator Nicole Nason urged motorists to have tires, including the spare, checked