Georgia Truck Accident Lawyers Blog

SmartDrive Systems found that using a hand-held device, such as a cell phone to text message or a GPS device, is the leading cause of distracted driving among truck drivers.

As our Atlanta semi accident attorneys reported earlier this month on our Georgia Truck Accident Lawyers Blog, haz-mat drivers were recently included in a federal law that bans all commercial truck and bus drivers from text messaging while behind the wheel.

After hand-held devices, the second most-common form of distraction among commercial truck drivers is eating/drinking/smoking; talking on a cell phone came in third. SmartDrive Systems says the information comes form the 34 million records in the world's larges database of risky driving incidents. The study group included more than 20,000 commercial drivers.

The recent study included an analysis of collisions or near-collisions and what behavior led up to those events. SmartDrive safety evaluators looked at in-cab video in the 15 seconds leading up to the event to determine the most common forms of distracted driving.

Nationwide, the National Highway Traffic Safety Administration blames about 5,000 deaths a year and 500,000 injuries on some form of distracted driving. An experienced personal injury lawyer or wrongful death attorney can help determine whether a Georgia tractor-trailer accident was caused by distracted driving. Commercial drivers are also subject to compliance with a host of other state and federal rules regarding hours of service and other factors that should also be reviewed by an experienced accident attorney.

The Smart Drive Distracted Driving Index found that 5 percent of new drivers were responsible for about one-third of all distracted driving incidents in a recent three-month period, including 57 percent of all mobile phone incidents and 47 percent of hand-held device incidents. The study found that commercial drivers with the highest incidents of distracted driving behavior were 7.4 times more likely to be involved in a collision or near collision.

Continue reading " Study finds distracted truckers are 7 times more likely to be involved in an Atlanta semi accident " »

The lack of Georgia trauma centers is bad news for those involved in a semi tractor-trailer accident south of Atlanta, or other serious traffic collision elsewhere in Georgia, CBS News reported.

Our Georgia trucking accident lawyers frequently report the high risk of serious or fatal injury accidents involving commercial trucks. In 2008, 380,000 large trucks were involved in accidents on the road that claimed more than 4,000 lives, according to the National Highway Traffic Safety Administration.

More than three-quarters of those killed were occupants of other vehicles. Another 64,000 passenger car occupants were seriously injured. The 179 deaths reported in Georgia make our state one of the nation's deadliest.

But the state has just 16 trauma centers to serve nearly 10 million people. And on the 230 miles stretch from Atlanta to the Florida border, a motorist who suffers life-threatening injuries in an accident is likely to be 50 miles or more from the nearest trauma center.

An initiative on the November ballot will ask whether motorists wish to add $10 to the cost of vehicle registration in order to add more trauma centers across the state and increase the training of first responders. The initiative is estimated to bring in $80 million during its first year.

“We estimate that we need at least 30 (trauma centers) because there are many areas in Georgia that are hugely underserved that do not have access to a trauma center,” trauma coordinator with the Atlanta Medical Center trauma coordinator Rochella Mood told CBS.

She said 700 patients die each year in Georgia because they do not receive treatment fast enough.

Continue reading " Lack of trauma centers a serious issue in the wake of a Georgia trucking accident " »

The alarming rate of deadly crashes involving 15- passenger vans has been the subject of calls for action by consumer groups for years. Statistics from the National Highway Traffic and Safety Administration show there were 1,090 fatalities between 1997 and 2006 in 15-passenger vans, 688 of those in rollovers.

Recently, it was reported that a church van of this type blew a tire and rolled over on the New York state Thruway. Six people were killed in this incident. Fourteen people from a Bronx church, the Joy Fellowship Christian Assemblies, were on their way to a church event near Schenectady when the tire burst and the van hurtled out of control on the Thruway near Woodbury, about 55 miles from New York City. The van rolled over into the grassy median, and several passengers were ejected.

Public safety advocacy groups such as Public Citizen and Advocates for Highway and Auto Safety have been advocating for years for recalls, retrofits and redesigns of 15-passenger vans on the grounds that they are unstable.

Ford Motor Co., which made the 1997 Econoline that crashed, said Monday that government research showed the van is safe when properly maintained, driven safely by experienced drivers and when occupants wear their safety belts. Other manufacturers including General Motors Co., and Chrysler also have made 15-passenger vans.

Joan Claybrook, a Public Citizen board member and a former administrator of NHTSA, said it was "a criminal act for the manufacturers to make these 15-passenger vans. They knew they were unstable and could roll over,"

In a 202 letter to NHTSA, which accompanied Public Citizen's report, Claybrook noted that because such vans are often used by churches, schools, sports teams, and eldercare centers. It suggested that manufacturers retrofit such vans with four tires rather than two on each rear axle to improve stability.

Neither the manufacturers nor NHTSA imposed such a requirement.
However, NHTSA has issued safety recommendations for using a 15-passenger van, including checking tires and tire pressure, using drivers with specific training on the vans and seating people near the front when the van is not full.

According to the safety advocacy groups, the 15-passenger vans are inherently unsafe because they have a high center of gravity to start with, and when they're fully loaded it's even higher, so they have a tendency to roll over.

A blown tire can unbalance the vehicle since the blown tire is lower, even just a few inches, and the load shifts toward that point. That shift of weight can be enough to cause a roll over.

The National Transportation Safety Board issued a 2002 report on van rollovers after studying 20 years' worth of crashes. It concurred that fully loading such vans affected safety, finding the rollover rate for fully loaded or nearly loaded 15-passenger vans is about three times the rollover ratio of vans with fewer than five passengers.

Under the Code of Federal Regulations, no motor carrier/employer shall knowingly allow, require, permit or authorize a “disqualified driver” to operate a commercial motor vehicle. “Disqualifying offenses” include driving a commercial vehicle while under the influence of alcohol or drugs; leaving the scene of an accident; using a commercial motor vehicle to commit a felony or serious traffic violation and/or using a commercial vehicle to violate the railroad/highway grade crossing rule.

Drivers can be disqualified for a period of one year to life if convicted of various offenses. These offenses include being under the influence of alcohol and/or controlled substances, having an alcohol concentration of .04 or greater while operating a commercial motor vehicle, refusing to take an alcohol test, leaving the scene of an accident, using a commercial vehicle to commit a felony and/or using the commercial vehicle in the commission of a felony involving manufacturing, distributing or dispensing a controlled substance. Thus, the Federal Regulations not only disqualify drivers who have been convicted of these offenses, they can disqualify them for a period of one year to life depending upon the severity of the violation.

Many traffic violations can result in suspensions of driving privileges for sixty (60) days to one hundred and twenty (120) days such as certain speeding offenses or other moving violations such as making improper or erratic traffic lane changes. For the more serious offenses set forth herein, drivers can be totally disqualified and should be disqualified as they are a danger to the public. Any trucking company that allows a disqualified driver to operate a commercial truck can be sued for negligent hiring if an accident involving such a driver occurs.

Distracted driving is a major cause of collisions involving large trucks on the roadways of the United States. In a small step toward reducing distractions behind the wheel, the Obama administration proposed Tuesday to ban truck drivers from sending text messages while hauling hazardous materials.

The requirements would complement separate rules being finalized by the Transportation Department that prohibit commercial bus and truck drivers from sending text messages on the job and restrict train operators from using cell phones and mobile devices on duty.

Transportation Secretary Ray LaHood is issuing the plans today at a second summit on distracted driving, bringing together government leaders, safety advocates and business groups to discuss ways of keeping drivers' eyes on the road.

LaHood has pushed states to adopt tougher laws against sending text messages from behind the wheel and the federal government has prohibited federal employees from texting while driving on government business.

The proposed rule would close a loophole for hazardous material haulers. The Federal Motor Carrier Safety Administration does not have authority over most intrastate operators. But the federal agency overseeing hazardous materials covers all haz-mat truck drivers, so the rules would ensure that those operators would be barred from texting and using mobile devices.

The summit will highlight efforts by corporations to prevent employees from using mobile devices while driving on company business. According to a statement issued in advance of the summit, nearly 1,600 U.S. companies and organizations have adopted policies related to distracted driving, covering about 10.5 million workers.

Another 550 organizations, covering an additional 1.5 million workers, have pledged to create anti-distracted driving policies for their employees within the next year.

Nearly 5,500 people were killed in 2009 in distracted driving crashes, a 6 percent decline from the number killed in 2008. Safety advocates, however, contend that the numbers may not reflect the true nature of the distraction problem because many police reports don't document whether distraction was a factor in crashes.

Thirty states, including Georgia, and the District of Columbia prohibit drivers from texting behind the wheel; eight states have passed laws barring drivers from using handheld cell phones.

The Code of Federal Regulations specify that all drivers must be physically fit to perform their duties. There are many examples of physical requirements which drivers must pass in order to get a medical certificate certifying their qualification to drive a commercial motor vehicle. As an example, they must have 20/40 vision or better without corrective visions, they must have ability to recognize colors; they must have no clinical diagnosis of alcoholism and no history of drug abuse; they must have no impairment of a hand or finger which interferes with power grasping and no impairment of an arm, foot or leg which interferes with the ability to perform the normal tasks associated with operating a commercial motor vehicle; they must have no clinical diagnosis or clinical history of epilepsy and must have no mental, nervous, organic or functional disease or psychiatric disorder.

While there are other physical requirements set forth under the Code of Federal Regulations, these are the major ones which all motor vehicle carriers for hire must observe prior to hiring a driver. Failure to verify that a driver meets these required qualifications can result in liability for negligent hiring should an accident involving an unqualified driver later occur.

The federal qualification for commercial truck drivers are set forth at 49 C.F.R. § 391. The rules in this part specify minimum duties of motor carriers with respect to the required qualifications of their employee/drivers.

In order to be qualified to drive a commercial motor vehicle, a driver must meet the following minimum requirements and responsibilities: They must be at least twenty-one (21) years of age and speak and read English well enough to converse with the general public and understand highway signals; they must be able to drive the vehicle safely and be in good health and physically able to perform all duties of a driver; they must possess a valid medical certificate and have only one valid commercial motor vehicle operator’s license. They must also provide an employer/motor carrier with a list of all motor vehicle violations or a signed statement that they have not been convicted of any motor vehicle violation during the past twelve (12) months. Obviously, they must be qualified to drive a commercial motor vehicle, pass a driver’s road test or its equivalent and know how to safely load and secure cargo.

A trucking company must not allow any employee to drive a commercial vehicle unless he or she has completed and signed an application for employment. The motor carrier must have the driver’s driving record for the preceding three (3) years and must not allow such a person to drive a commercial motor vehicle until he or she has successfully completed a road test and has been issued a certificate or a copy of the license or certificate which the motor carrier has accepted as being equivalent to the driver’s road test. A motor carrier must request the driving record annually for each of its drivers and must carefully review and certify annually that all of its drivers meet the minimum requirements for safe driving and have no “disqualifying offenses” enumerated in the Code of Federal Regulations. Obviously, the motor carrier must make sure that there is a proper medical examiner’s certificate in the file which the driver has passed certifying the ability to perform driver duties. In addition, as set forth in earlier blogs, an investigation of the driver’s employment record for the preceding three (3) years must have occurred. The trucking company must also obtain an accident history for three years with an alcohol and controlled substance testing records for three (3) years.

These minimum qualifications must be observed by the trucking company/employer. If not, the company can be sued for negligent hiring and negligent entrustment.

Fewer truck drivers were killed in accidents involving large trucks in 2009 as the nation recorded the fewest overall accidents since 1950, according to statistics just released by the National Highway Traffic Safety Administration.

A total of 33,808 were killed on the nation's roads last year, down 9.7 percent from the 37,423 deaths reported in 2008. A total of 33,186 were killed in 1950. Injuries also declined for the 10th straight year, dropping to 2.217 million from the 2.346 million reported in 2008.

The number of truck occupants killed in large trucking accidents declined to 503, from the 682 deaths reported in 2008. That 26 percent decline was the sharpest drop recorded in any accident category; a 16 percent drop in motorcycle fatalities was second. A total of 17,000 truck occupants were injured in trucking accidents in 2009, also a decline of 26 percent from the 23,000 injured in 2008.

Our Georgia semi accident lawyers will be interested to see the breakout of state-by-state accident rates, which will be released in the coming weeks. While a large part of the decline is likely attributable to the downturn in the economy and fewer large trucks on the road, Georgia, and particularly the Atlanta area, remains a dangerous place for trucking accidents.

And truck occupants are the least likely to be injured in a semi accident. In 2008, fewer than 700 of the 4,229 people killed in accidents with large trucks were truck occupants. The vast majority --3,139 -- were occupants of other cars. Those figures have also not yet been released. That same year, 179 large trucks were involving in fatal Georgia trucking accidents. Only California, Florida, Pennsylvania and Texas recorded more deadly semi accidents.

“Today’s announcement shows that America’s roads are the safest they’ve ever been," U.S. Department of Transportation Secretary Ray LaHood said. "But they must be safer. And we will not rest until they are.”

Accidents remain the leading cause of death for those ages 3 to 34, according to the Centers for Disease Control and Prevention.

Continue reading " Fewer truckers killed in semi accidents in 2009; number of motorists killed yet to be determined " »

Georgia injury lawyers know well the serious injuries and wrongful deaths people suffer as a result of motor vehicle accidents; however, perhaps the most catastrophic accident is one involving tractor trailers. Some of the reasons for trucking accidents being such horrible accidents are plain to see. The size and weight of the trucks and cargo have the capacity to do tremendous harm if they are driven recklessly, negligently or under dangerous conditions. These accidents happen for a variety of reasons: Unbalanced or shifting loads, brake or steering failures due to improper maintenance, and collision avoidance are just a few plausible scenarios. But all too often the operator of the truck has exercised poor judgment because of fatigue and a desire to push ahead a few extra miles before taking a legally required break.

Because of a persistent push for changes to federal hours-of-service (HOS) rules for long-haul truckers by advocacy groups significant progress for highway safety may finally come about. Under a new rule issued by the Federal Motor Carrier Safety Administration (FMCSA), the United States government agency responsible for regulating interstate trucking the nation’s 3.5 million truck drivers will be limited to driving only 11 hours and working no more than 14 hours each day. The new federal rule requires all truck drivers to spend at least 10 hours resting between shifts before being allowed back on the road. Drivers also cannot operate a truck if they have worked more than 60 hours in a given week. Under the new rules , drivers that rest for at least 34 hours can also reset their weekly work schedule.

Unfortunately despite these new rules tractor-trailer accidents will still cause tragedies on Georgia highways and roads. Serious injury victims and families of fatal truck accidents should seek timely advice about their legal options from attorneys who are experienced in truck accident litigation.

Continue reading " New Hours Of Service Rules Pending In Washington For Truckers " »

Tractor-trailers are huge machines. Some can weigh as much as 80,000 pounds and, when travelling at highway speeds they can create carnage in a collision, leading to serious injuries and death.

Unfortunately, few people injured in tractor-trailer collisions hire competent legal counsel immediately after the collision. Most trucking companies and their insurers have accident investigation teams which are dispatched immediately after a crash to the scene. These accident investigation teams immediately begin to collect and preserve evidence, identify and take statements from witnesses, and reconstruct the accident. Their entire focus, while ostensibly to determine the cause of the accident, is to protect the trucking company and the insurer.

Our experience has been, that despite the immediate collection of evidence, and accident scene investigation by insurance company and trucking company investigation teams, many instances of undiscovered, undocumented, and destroyed evidence can be found by competent counsel working for injured parties.

Trucking cases are not run-of-the-mill automobile cases. They require attorneys who are skilled and knowledgeable in the mechanics and technology of large trucks, have a working understanding of the trucking industry, and are versed in the federal and state regulations governing large trucks.

Trucking technology, if understood and applied properly, can not only assist plaintiff’s counsel in determining the actual cause of a collision, but in many cases can prevent these deadly collisions.

According to the National Highway Traffic Safety Administration, 93% of all accidents involve driver error, with the majority related to driver inattention. NHTSA research also shows that one extra second of warning could prevent up to 99% of rear end collisions.

Advanced accident avoidance systems are available and, and though not presently required by law or regulation, failure to implement the technology could be admissible in the right case as evidence of negligence on the part of the trucking company.

There are several types of warning systems which can provide data as to what warnings were given and what conditions were detected. Unfortunately, these systems can be ignored or rendered inoperable.

In many of our cases, the tractors are equipped with onboard computers, which can tell the speed of the tractor trailer at the time of the collision, which have been rendered inoperable or never activated. If operable at the time of a collision these computers can be downloaded to give critical data about the cause of the collision. Especially important is the speed readings of the vehicle which can be recorded just prior o a hard braking incident or collision.

Forward, side, and rear object detection systems monitor the roadway and potential hazards around the tractor-trailer. These systems sweep the roadway in front, on the side, and to the rear of the tractor trailer. By monitoring these conditions, a truck driver can establish safe intervals ahead of the vehicle. With the many distractions faced by drivers, a warning of an approaching object can save many lives. Also, these systems work in inclement weather, giving the driver a greater ability to see through fog, rain, snow or sleet.

Rear object detection systems monitor a specific area behind a tractor trailer. They detect objects and provide warnings to drivers when they approaching an object behind a vehicle while in reverse. These systems assist the driver in avoiding collisions during backing or parking maneuvers. Loadings and crush injuries can be avoided by monitoring these devices. Most are functional for 20-30 feet behind a tractor trailer.

Lane departure warning systems are in-vehicle electronic systems that monitor the position of the vehicle within a roadway lane and warn a driver if the vehicle deviates or is about to deviate outside the lane. With the increasing dangers presented by fatigued driving, these lane departure warning systems can prevent many deaths on the highways of the United States.

The currently available lane departure warning systems are forward looking, vision based systems that use algorithms to interpret video images, to estimate vehicle position, and roadway alignment. These systems warn the driver of a lane departure when the vehicle is travelling above a certain speed and the vehicle’s turn signal is not in use. In addition, these systems notify the driver when lane markings are inadequate for detection or if the system malfunctions. The systems do not take any automatic action to avoid a lane departure or to control the vehicle. The driver remains responsible for the safe operation of the vehicle. When the vehicle is travelling in close proximity to the center of the lane, it is with the system’s “no warning zone.” In this zone, the system does not issue any position warnings.

Tracking communications systems permit GPS tracking, reconstruction of routes, times, hours of service issues, and they also provide data provided to drivers on the weather and other road conditions. Matching a driver’s log books to satellite positioning data can test the accuracy of the records and perhaps prove that the logs were falsely maintained. This data can include texting data between dispatch and the drivers and can provide documentation of speeding, hard braking, or other safety related issues. These tracking systems also provide safety managers the ability to remotely monitor drivers in the field, and determine their safety habits. Of course, this information is crucial in any tractor-trailer lawsuit.

Through Sunday, the Georgia State Patrol had investigated 269 Georgia traffic accidents that left 153 injured and killed seven. These numbers represent a significant drop from 2009 numbers, when GSP reported 1,917 crashes involving 867 injuries and 15 deaths, the Georgia Department of Public Safety reports.

But Georgia semi accidents will be a danger through the Labor Day weekend and into the start of the work week, as truckers hit the road after a long weekend, looking to make up for lost time.

Auto club AAA anticipated a 7.1 percent increase in statewide auto travel this Labor Day, with more than 921,000 Georgia residents traveling 50 miles or more. Travel in the in the South Atlantic region is also expected to tick upward nearly 8 percent, with more than 5.9 million travelers primarily taking to the roads this holiday. “Labor Day typically marks the end of summer travel and we’re seeing more people deciding to take one last summer trip before fall,” said Brent Hubele, Vice President of AAA Travel.

As we noted in a post on our Georgia Trucking Accident Lawyers Blog, the Labor Day weekend is among the deadliest of the year for drivers both statewide and across the nation.

With more than 35 years experience representing Georgia personal injury clients, Finch McCranie truck accident lawyers understand that injuries sustained in a truck or tractor-trailer accident are often more serious and more often fatal due to the force of impact between a truck and passenger vehicle. Aside from more physical damage, truck accident cases are often further complicated by federal and state laws that regulate the trucking industry and can involved multi-state claims with insurance and trucking company ownership.

Continue reading " Heavy traffic, Georgia semi accidents a Labor Day danger " »