Georgia Truck Accident Lawyers Blog

As Georgia injury lawyers we have seen automobile accident and tractor trailer or trucking accidents that occur for a multitude of reasons. Lately however, we have seen a number of serious accidents that have occurred on Georgia highways or roads that are under construction. Just last week I read about a truck driver that lost control of his tractor trailer rig on Interstate 85 south of Atlanta. It veered over onto the shoulder, came back onto the roadway, overturned and skidded at least 100 feet down the interstate according to witnesses. This accident was the last in a series of three (3) accidents where large trucks have overturned on I-85 between Atlanta and Newnan where road construction has been underway for over two (2) years. One of many possible reasons for these accidents may be the accumulation of water on the roadway. When this occurs, drivers often lose control of their vehicles and the vehicles hydroplane. Generally there are three things that cause or contribute to a hydroplaning accident. One is water on the roadway, another is the speed of the vehicle and another is the condition of the tires. Any time there is an accident involving the wrongful death or serious injury of someone who has been involved in a collision on a wet highway, it is crucial that the families of the victims seek competent legal counsel immediately. This is so because experts can be dispatched to the scene to evaluate, document and preserve evidence before any of it changes or is destroyed. This is particularly true when the accident occurs on a roadway which is under construction. Many times the reason for water accumulation on the roadway may be that the road’s drainage systems may be inadequate or even blocked by construction debris. A timely on-scene investigation by good experts will usually pay off. Possible negligent parties may include road contractors, local governments, state governments and anyone else who may be responsible for maintenance of the roads.

The Georgia injury lawyers at Finch McCranie, LLP have been handling serious injury and wrongful death cases for over 40 years. If you or a loved one has been seriously injured as a result of the negligence of someone else, call us for a free consultation.

Our Georgia truck accident lawyersThere are many causes of truck accidents. Even though large trucks and drivers are governed by state and federal laws and regulations designed to make them safer, the number of large trucks involved in fatal crashes continues to increase. Our Atlanta based lawyers continue to handle cases in which either the driver, the company, or both simply choose to ignore these regulations and laws and endanger the motoring public. Tragically, many times these violations result in serious injury or death.

Violations which we frequently see causing or contributing to large truck accidents include:

1. Hours of Service. Driver fatigue often results in dangerous driving practices such as failure to keep in the proper lane and running off the road. The hours that a driver can drive in a certain time period is restricted by federal regulations. Drivers are required to keep a log of the hours driven to ensure compliance. In many cases we have discovered that the driver logs are falsified. Fatigue is such a major problem that the U.S. National Transportation Safety Board attributes it as playing a role in 20-40% of truck crashes.

2. Intoxicated Drivers. Drivers are prohibited from driving while under the influence of alcohol or other drugs. We have been involved in many trucking cases where it was discovered the driver was under the influence of alcohol and/or drugs. In one case it was found that the driver had a combination of methamphetamine and cocaine in his blood at the time his driving behavior caused the death of our client. According to a study conducted by the National Transportation Safety Board (NTSB), one out of every three truck drivers examined after they died in truck accidents had traces of recent drug or alcohol use in their system. he NTSB and the National Institute on Drug Abuse (NIDA) investigated fatal-to-the-driver trucking accidents and performed comprehensive drug screening the bodies of the drivers. The study found that out of 168 cases, 67% percent of the drivers had detectable traces of one or more drugs, 33% had detectable blood concentrations of psychoactive drugs or alcohol, 13% had traces of cannabinoids or tetrahydrocannabinol (THC), 13% had traces of ethanol or alcohol, 8% had traces of Cocaine, and 7% had traces of amphetamine or methamphetamine.

3. Substandard inspection. Drivers and carriers are required to conduct specific inspections of their trucks under the federal regulations. These inspections are designed to reveal unsafe conditions which may endanger the driver and the motoring public. In many cases we find that the drivers and carriers ignore these requirements and allow trucks to travel the highways in an unsafe condition. One survey conducted by the Federal Motor Carrier Safety Administration found that in one year over 2 million roadside inspections of trucks disclosed that 23.2% of the vehicles were found to have serious violations. Unsafe trucks are a leading cause of accidents on the highways.

When a truck accident occurs, the trucking companies generally have investigators on-call to respond to the scene. Their purpose is to do everything possible to limit the liability of the trucking company. Unfortunately, many times the police and highway patrol officers do not do a thorough job of investigating the accident and identifying witnesses. This is why it is crucial to hire an experienced lawyer as soon as possible.

We have trained investigators and engineers ready to visit the scene of the accident, inspect the vehicles involved, locate witnesses, and gather information necessary to successfully seek a recovery. By retaining an experienced attorney immediately, victims and loved ones can ensure that their rights and interests are protected

As a Georgia injury lawyer I continue to be outraged by the “tort reform” laws passed by the mostly Republican, pro business legislature in this State. Most ordinary citizens, Republican and Democrat, have no idea what the medical profession, insurance industry and Georgia politicians have done to limit, if not eliminate their ability to be fully compensated in the event that they are injured and damaged as a result of the negligence of someone. Only when they are injured as a result of automobile accidents, tractor trailer accidents or medical malpractice, do they find out how their rights have been seriously curtailed or eliminated. Only then do they become outraged. Unfortunately, by then it is too late.
A prime example of the damage done by the Georgia Legislature is the case of Cheon Park, a retired, 59-year old restaurant owner who fell from a ladder at his home in 2006. After falling, he was taken to WellStar Douglas Hospital, Park complaining of neck, shoulder and pelvis pain. He was x-rayed, treated for a dislocated shoulder and discharged that same day. Later that day, Park’s pain grew worse. He began showing signs of neurological damage and was taken to Grady Hospital where they found massive damage to his spine-damage that left him a quadriplegic. Park sued WellStar for medical negligence, challenging the $350,000.00 cap on non-economic damages that was approved as part of Georgia’s Tort Reform in 2005. Non-economic damages are compensable for intangible injuries, such as pain and suffering, disfigurement, and loss of the enjoyment of life. In April 2008, Fulton County Judge Marvin Arrington, Sr. overturned the $350,000.00 cap, on the basis that the statute did not guarantee “equal protection” and reasonable compensation for people in Park’s situation. WellStar appealed the decision to the Supreme Court of Georgia; however, four (4) days before they were due in Court, WellStar withdrew the appeal and settled the case with Park for an undisclosed sum. As a result, the $350,000.00 cap remains in place because no case has yet to make it through the appellate system to have the statute declared unconstitutional. Hopefully, the right case will eventually reach Georgia’s highest court so that people who are injured by medical negligence through no fault of their own can be awarded enough damages to make them whole to the extent that can be accomplished with money.

Georgia injury lawyers who have handled automobile accidents, trucking accidents, and even workers compensation cases, where a person has suffered a serious injury to the head, often hear their clients complain about the same symptoms. We recently represented a women whose automobile was rear-ended by another vehicle. Upon impact, her head slammed into the headrest of the seat. Although she did not immediately experience visual problems, she began to experience double vision within a day of the collision. Experience demonstrates and the medical literature documents that a person who has suffered a traumatic brain injury (TBI) or cerebral vascular accident (CVA) may often experience difficulties with balance, spacial orientation, coordination, cognitive function, and speech. In most cases, a referral for visual consultation only occurs if there is an injury to an eye or if ocular pathology is suspected. Persons with TBI or CVA frequently will experience double vision, movement of print or stationary objects such as walls and floors, eye strain, visual fatigue, headaches and problems with balance, to name several. Frequently, people will report problems with their vision to rehabilitation professionals and be referred for eye examination. Unfortunately, many will be told that there is nothing wrong with their eyes and that it is the effects of their TBI or CVA. Others will be told that their symptoms are not related to their vision. Visual problems are among the most common sequella following a TBI or CVA, but frequently not dealt with I a timely manner. If you or a loved one have been involved in an accident of any type involving trauma to the head, you should be aware of the many symptoms that might indicate a TBI. The injury lawyers at Finch McCranie, LLP are experienced at handling TBI cases. If you have been injured as a result of the negligence of someone, please call us at (800) 228-9159.

Georgia injury lawyers who have handled automobile accidents, trucking accidents, and even workers compensation cases, where a person has suffered a serious injury to the head, often hear their clients complain about the same symptoms. We recently represented a women whose automobile was rear-ended by another vehicle. Upon impact, her head slammed into the headrest of the seat. Although she did not immediately experience visual problems, she began to experience double vision within a day of the collision. Experience demonstrates and the medical literature documents that a person who has suffered a traumatic brain injury (TBI) or cerebral vascular accident (CVA) may often experience difficulties with balance, spacial orientation, coordination, cognitive function, and speech. In most cases, a referral for visual consultation only occurs if there is an injury to an eye or if ocular pathology is suspected. Persons with TBI or CVA frequently will experience double vision, movement of print or stationary objects such as walls and floors, eye strain, visual fatigue, headaches and problems with balance, to name several. Frequently, people will report problems with their vision to rehabilitation professionals and be referred for eye examination. Unfortunately, many will be told that there is nothing wrong with their eyes and that it is the effects of their TBI or CVA. Others will be told that their symptoms are not related to their vision. Visual problems are among the most common sequella following a TBI or CVA, but frequently not dealt with I a timely manner. If you or a loved one have been involved in an accident of any type involving trauma to the head, you should be aware of the many symptoms that might indicate a TBI. The injury lawyers at Finch McCranie, LLP are experienced at handling TBI cases. If you have been injured as a result of the negligence of someone, please call us at (800) 228-9159.

Dangerous Mexican trucks may finally be removed from the highways of Georgia and other states thanks to new legislation pending in Congress. The United States Senate is close to passing a bill that would prohibit Mexican long-haul trucks from entering the United States.

The cross-border project allowing free access to U.S. highways to Mexican trucks was instituted under the 1994 North American Free Trade Agreement. The trucking pilot program which was pushed by the Bush administration has been ongoing for the last two years. It has caused controversy within the domestic trucking industry and outrage by safety advocates.

The objections have been mostly about safety and economics. Safety and consumer advocates have complained about the project allowing unsafe trucks into the United States thereby endangering public safety. Trucking groups have complained that the project would reduce wages.

Thanks to President George W. Bush's support and the inability of Congressional opponents to garner enough votes to kill the project, it survived. The Transportation Department has spent at least $500 million of taxpayers money on the project.

The project was initiated on Sept. 7, 2007, when the Bush administration, let the first authorized Mexican carrier drive goods into the U.S. interior. The same year, Democrats in Congress tried to cut off funding to establish a Mexican long-haul trucking program. An amendment in the 2008 appropriations bill prohibited spending funds to establish a cross-border trucking program. However, the Bush administration claimed that the amendment did not apply since the program already had been established.

This year, the United States House of Representatives voted again to kill the program, despite objections of business lobbyists such as the U.S. Chamber of Commerce. This time around the bill has language that makes clear that funds cannot be spent to start or continue the program.

The Obama administration has not commented on the project, but both President Obama and Vice President Biden voted as Senators to kill the project in 2007.

Consumer and safety advocates are hopeful this bill will remove these dangerous trucks from our roadways and save lives.

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