Posted On: January 30, 2011

Cause of accident, parties responsible, can impact claim in Georgia trucking accidents

Each year, the National Highway Traffic Safety Administration reports more than 4,000 motorists are killed in nearly 400,000 accidents involving large trucks. A total of 179 fatal Georgia trucking accidents were reported in 2008.

An Atlanta injury lawyer will need to work to determine the cause of your accident, as well as who is responsible. The answers to both questions can have a significant impact on the outcome of your case.
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The Top 10 causes of trucking accidents, according to the U.S. Department of Transportation, are:

-Prescription Drug Use

-Traveling too Fast

-Driver Unfamiliar with Roads

-Over-the-Counter Drug Use

-Inadequate Surveillance

-Fatigue

-Illegal Maneuver

-Exterior Distraction

-Inadequate Evasive Action

-Aggressive Driving


Parties liable for an Atlanta trucking accident may include:

-The truck driver

-The owner of the truck and/or the trailer

-The trucking company

-The entity that leased the truck or trailer to the trucking company or driver.

-The manufacturer

-The shipper or loader of cargo

-The associated insurance companies.

A Georgia trucking accident lawyer needs to have significant experience in investigating and determining liability for such accidents, as well as handling claims against large trucking or insurance companies. Many times, companies will hide behind LLCs to avoid liability, or will claim a driver was operating as an independent contractor. In other cases, multiple victims and competing insurance claims may jeopardize your ability to collect.

Further complicating a truck accident claim are the many rules truckers and trucking companies are required to follow. The Federal Motor Carrier Safety Administration and other state and federal entities regulate trucks in an effort to protect the public. Whether or not a truck driver was text messaging -- which is now illegal according to federal law -- or whether he or she was violating hours-of-service rules are just two considerations an attorney must take into account when pursing a wrongful death or personal injury claim in the wake of a Georgia trucking accident.

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Posted On: January 28, 2011

Fatigue leading cause of Georgia trucking accidents as Hours-of-Service debate continues

The Federal Motor Carrier Safety Administration has announced public hearings on Feb. 17 in Virginia in regards to its proposed new Hours-of-Service rules.

As our Georgia trucking accident attorneys have reported, the length of time a trucker remains behind the wheel can increase the risk of an Atlanta trucking accident.
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Our Georgia Truck Accident Lawyers Blog recently noted the government's move to restrict hours of service after former President George W. Bush extended them during his last days in office.

The Truck Safety Coalition, an organization dedicated to assisting the victims of trucking accidents, is among the organizations that believe the Obama Administration did not go far enough in reversing the extended HOS permitted under former President George W. Bush.

"The current rule allows tired truckers to drive excessively long hours and is opposed by safety organizations, truck safety groups, labor unions, truck crash victims and survivors as well as many truckers who are forced to work sweatshop hours," the organization said in a statement. "The new proposed rule does not eliminate anti-safety provisions that allow truck drivers to drive and work long hours, get less rest and drive while fatigued."

The National Transportation Safety Board has found that fatigue is a factor in 30 to 40 percent of truck crashes. The new proposal considers a 10-hour rule, but has not eliminated the possibility of permitting drivers to work 11-hour days. It also would permit drivers to drive for up to 77 hours a week.

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Posted On: January 17, 2011

Snow may be gone but increased risk of Georgia trucking accidents remains

The storm that effectively shut down Atlanta for most of the last week will likely increase the risk of Georgia trucking accidents as drivers hit the roads looking to make up for lost time.

In other cases, bad weather and black ice have led to numerous trucking accidents, according to FOX Atlanta.

The Atlanta Journal Constitution reports the storm cost $300 million in unrecoverable retail sales. Planes were grounded. Stores and offices were closed. And trucks didn't make deliveries.
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The paper reports the heart and soul of the Atlanta economy -- its transportation and logistics industry -- was virtually paralyzed as flights were canceled and the trucking industry sat out the storm. Trucks carry 88 percent of the freight moving through Atlanta -- more than 1 million tons a day. Most of that traffic goes through the Atlanta area, according to the Georgia Motor Truck Association.

A typical grocery store gets 80 deliveries a week. For a couple of days, deliveries dropped to near zero. UPS alone has nearly 5,000 trucks and vans covering Georgia, in addition to more than 300 tractor-trailer rigs. For days, nothing moved.

While operations as large as UPS have plans in place to effectively deal with such closures, many smaller companies do not. Smaller grocery distributors, furniture warehouses and other companies may push delivery crews to the limits or beyond, increasing the danger to the motoring public.

And, as the spokesman for the trucking association points out, getting caught up is made all the more critical by the possibility of a long winter with more snow.

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Posted On: January 7, 2011

Atlanta tractor-trailer accident involves school bus

Six students were injured in an Atlanta tractor-trailer accident that involved a school bus this week -- authorities report a substitute bus driver may have pulled into the path of the tractor trailer, CBS Atlanta reported.

Our Atlanta accident attorneys know such an accident is every parent's nightmare. Fortunately, there were no reports of life-threatening injuries.
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The crash happened at Georgia Highway 369 and Lovelace Lane in Cherokee County. The students were being transported to Free Home Elementary School. Eight people, including six students, were taken to the hospital. All of the students were released by noon.

Both the 52-year-old bus driver and the 43-year-old tractor-trailer driver were listed in serious condition. The bus driver was a substitute who had about 48 hours of training. Georgia State Police report the bus may have pulled into the path of the semi. The truck struck the front of the bus and careened into a 30-foot ditch.

The bus had been turning around in a driveway at the time of the crash. The accident remains under investigation.

Even in accidents in which the other driver appears at fault, a thorough investigation is warranted. A truck driver may have been speeding, or operating over his hours-of-service limits. A truck's maintenance records should also be reviewed. Often the reason for such accidents is clear cut. In other cases, a thorough investigation can reveal wrongdoing on the part of a trucker or trucking company that contributed to the accident.

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