Georgia Truck Accident Lawyers Blog

Three people were killed on Interstate 40 in North Carolina late last month after an accused drugged driver got behind the wheel of his tractor-trailer. The neighboring case illustrates the risk of Atlanta truck driver accidents caused by alcohol and drugs. The driver was reportedly under the influence of methadone and marijuana when he failed to react to slowing traffic at the 15-501 exit between Durham and Chapel Hill. He slammed his tractor-trailer into a pickup truck, hit an SUV, slammed into another vehicle and finally came to rest as he hit a box truck. The drivers of the first three vehicles were killed. The driver of the box truck survived.

The truck driver was arrested and held on a $600,000 bond and has been charged with two counts of felony death by vehicle, one count of misdemeanor death by vehicle, driving while impaired and possession of drugs.

Our Georgia trucking accident attorneys recognize the frequency of these types of accidents. More and more truck drivers are causing accidents under the influence of a number of drugs. A number of trucking companies have been cited for numerous safety violations in recent years. As we recently reported on our Georgia Truck Accident Lawyers Blog, there are a number of preventable circumstances that cause these accidents time and time again.

The company owning the truck of the Tennessee driver reportedly has been cited for previous safety issues. The Federal Motor Carrier Safety Administration reports the the company scored barely above an 81 percent on driver fatigue ratings.

According to the National Highway Traffic Safety Administration (NHTSA) there has been a substantial increase in the level of drug involvement among fatally injured drivers involved in traffic accidents from 2005 to 2009.

The NHTSA reports that more than 60 percent of the 21,798 truck drivers who were killed in motor vehicle accidents in 2009 alone were tested for drugs. These test results prove that nearly 4,000 truck drivers tested positive for drug involvement. This means that roughly 20 percent of these accidents involved a drugged driver. Drugged driver accidents accounted for 13 percent in 2005, 15 percent in 2006, 16 percent in 2007 and nearly percent in 2008 or all trucking accidents.

"Every driver on the road has a personal responsibility to operate his or her vehicle with full and uncompromised attention on the driving task," said NHTSA Administrator David Strickland. "Today’s report provides a warning signal that too many Americans are driving after having taken drugs, not realizing the potential for putting themselves and others on the highway at risk."

Administrator Strickland highlights that state drug testing procedures and techniques are indeed evolving. He says that states, and jurisdictions within a state, are allowed to test for different drugs, use different test types and/or employ different concentration thresholds for determining whether a test was positive or not.

"While it’s clear that science and state policies regarding drugs and driving are evolving, one fact is indisputable. If you are taking any drugs that might impair your ability to drive safely, then you need to put common sense and caution to the forefront, and give your keys to someone else. It doesn’t matter if its drugs or alcohol, if you’re impaired, don’t drive," says Strickland.

Continue reading " Drug Use Blamed for Fatal Truck Driver's Accident " »

When you think of trucking accidents in Atlanta, you might think of drowsy, fatigued truck drivers or speeding trucks and overturned loads. The truth is, there are a number of factors that can contribute to these accidents. As the interstates and highways grow more congested, it is now more important than ever to focus on these causes in an attempt to reverse the trend.

Although trucking companies have made a number of improvements to their safety training, recently released data still shows that we're still seeing an alarming number of trucking accidents on our roadways. Our Georgia trucking accident attorneys urge all motorists to be cautious when traveling around these powerful big rigs. There is only so much we can do as passenger-vehicle motorists to avoid an accident with a tractor-trailer. The rest of the responsibility lies in the hands of these truck drivers. It is important that they're all thoroughly trained and knowledgeable regarding how to safely operate their vehicles.

According to the 2006 Federal Motor Carrier Safety Administration’s report, about one in 20 drivers will be involved in a serious traffic accident. This study also concluded that there are approximately 141,000 truck accidents every year. About 77,000 of these accidents are the direct fault of the truck driver.

Here are the top 10 causes of trucking accidents:

-Prescription Drug Use: 26 percent.

-Traveling Too Fast: 23 percent.

-Unfamiliar with Roadway: 22 percent.

-Over-the-counter Drug Use: 18 percent.

-Inadequate Surveillance: 14 percent.

-Fatigue: 13 percent.

-Illegal Maneuver: 9 percent.

-Exterior Distraction: 8 percent.

-Inadequate Evasive Action: 7 percent.

-Aggressive Driving Behavior: 7 percent.

According to the National Highway Traffic Safety Administration (NHTSA), more than 3,000 motorists were killed in accidents involving these large commercial trucks 2008. Another 64,000 were injured in these types of traffic accidents. Less than a quarter of the people who were killed in these accidents were in the tractor-trailers at the time of the accident.

The NHTSA reports that more than 100 large trucks were involved in deadly accidents in Georgia in 2009 alone.

So how do we reduce the risks of these accidents? We could start by offering more extensive driver training. Continual education concerning medications may be a good start considering prescription drug use is the most common cause of trucking accidents. Currently, truck driving schools and trucking companies only use a three minute video during classes to illustrate the dangers of drugs and driving. Hardly seems effective, right? Newly licensed truck drivers need to fully understand the importance of applying simple over-the-counter drugs with an 80,000 pound machine. A 180-second video isn't going to get the point across to drivers about the dangers they present on our roadways. Drivers should be constantly reminded of the deadly consequences of mixing trucking and prescriptions drugs with quarterly safety meetings and current printed material on a regular basis.

Continue reading " Tops Causes of Trucking Accidents in Georgia May Surprise You " »

The Federal Motor Carrier Safety Administration has ordered a Georgia busing company to cease operations because of violations "so widespread as to demonstrate a continuing and flagrant general disregard" for the safety of its passengers and the motoring public," the Federal Motor Carrier Safety Administration reported.

Our Atlanta bus accident attorneys have reported here before on the crackdown involving unsafe tour bus operators in the wake of a horrific accident that claimed 14 lives earlier this year in New York City.

"Illegal and unscrupulous bus companies are a serious threat to innocent travelers," said U.S. Transportation Secretary Ray LaHood. "The full force of the federal government will be brought to bear on those who willfully place bus passengers and others who share the road in needless peril."

The government is busy patting itself on the back this week, having released statistics showing an increase in enforcement efforts during the Obama Administration. Unfortunately, far too many unsafe busing operators continue to charge fares to unwitting passengers. At the height of travel season, the government reports the problems is particularly acute among low-fare carriers.

In this case, government inspects report that H & W Tours Inc., even lacked the proper insurance to carry passengers. Inspectors also allege the company failed to conduct pre-employment drug screening or the institute random drug and alcohol testing and that the company did not comply with hours-of-service requirements, records of duty requirements and driver qualification requirements.

"Individually and cumulatively, these violations and conditions of operation substantially increase the likelihood of serious injury or death to H & W Tour drivers, passengers and the motoring public," states the Imminent Hazard Out-of-Service order.

Earlier this month the U.S. Department of Transportation announced that federal inspectors have issues as many imminent hazard orders in the past two years as in the previous 10 years combined.

“From Day One, I have pledged to put public safety above all else, and we will continue to take action when we see carriers placing passengers at risk,” said U.S Transportation Secretary Ray LaHood. “We have seen the tragic consequences of unsafe practices – whether it’s ignoring fatigue regulations, providing inadequate driver training, or failing to conduct the proper maintenance of a bus or motorcoach. We continue using all of the tools at our disposal to get unsafe carriers off the road and hope that Congress will act on our proposal to provide us with the necessary authority to expand our safety oversight.”

Nationwide, there are an estimated 4,000 passenger bus companies. Under the current administration, inspections of motorcoaches have jumped almost 100 percent to 25,703.

“I’m proud of FMCSA’s efforts to crack down and take action on unsafe interstate bus and trucking companies,” said FMCSA Administrator Anne S. Ferro. “Our safety investigators, inspectors and state partners will continue demanding that motor carriers and their drivers adhere to safety requirements. While most of the industry operates safely, I also look forward to working with Congress to add new tools to prevent unsafe companies and drivers from operating.”

The safety issues being uncovered within the busing industry leave no doubt about the need to thoroughly research your choice in tour bus companies. These companies have an obligation to the safety of both passengers and employees. When they fail, a victim can and should be compensated for the injuries caused.

Continue reading " Georgia Bus Company Place Out-of-Service over Safety Violations; Atlanta Tour bus Accidents a Summer Danger " »

High gas prices have one benefit: slower trucks and a reduced risk of Georgia trucking accidents.

Our Atlanta personal injury lawyers understand all too well the dangers speeding trucks pose to motorists on the road. The National Highway Traffic Safety Administration reports about one-third of all fatal accidents involve speed. Of those killed in crashes with tractor-trailers or other large trucks, three-quarters are the occupants of other vehicles or non-occupants, such as bicyclists and pedestrians.

While the Wall Street Journal article opens with a trucker reminiscing about the fun of barreling down the road at 100 mph, we know such accidents are nearly always fatal for the unfortunate victims in passenger cars that are forced to share the road.

The good news is that soaring fuel costs have trucking companies pushing drivers to conserve by driving slower. Several companies are using computerized governors to cut speeds from 70 mph to 65 mph. Cash bonuses for fuel-saving drivers are also becoming more common. One driver reports being chastised for a 5 mph average -- his company is looking for 7 mph.

Unfortunately, even as the Federal Motor Carrier Safety Administration toots its own horn over enforcement efforts, the government has thus far failed to make such speed-regulating technology mandatory for all trucks on the road.

The move can reduce a driver's pay -- since most are still paid by the hour -- another issue the government refuses to address. The end result is often speeding, tired, overworked drivers and falsified logbooks. Still, saving gas is worth it; Every decline of 5 mph gains about half a mile per gallon in fuel economy.

In the old days, the CB radio helped spot cops and falsified logbooks hid illegally long workdays.

"I used to have three logbooks," one trucker said. "You could run anywhere you wanted to."

As we have reported here on our Georgia Truck Accident Lawyers Blog, officials continue to tweak hours-of-service rules, which govern how long a driver can remain behind the wheel. Most recently, they were increased during the Bush Administration. But until the government mandates data records to replace the hand-written logbooks, abuses will continue to put motorists at high risk of being involved in a serious or fatal accident.

Some drivers claim slower trucks are more dangerous because speeding drivers whip around them. While we all need to do our part to stay safe around tractor-trailers, nothing is as dangerous as an 80,000 pound bullet barreling down the highway.

Continue reading " High Gas Prices Could Reduce Threat of Atlanta Trucking Accidents " »