Posted On: January 27, 2012

FMCSA Working to Ensure Drivers Rest and Reduce Risks of Trucking Accidents in Georgia, Nation

A recent accident involving a semi-truck driver from Atlanta left a man in the hospital and more than 200 gallons of diesel fuel all over I-90. According to authorities, the accident happened shortly after 6 p.m., when the commercial tractor-trailer drifted off of the right side of the road. The driver tried to bring the large truck back on the road, but according to authorities, the driver lost control of his rig. His semi slammed into a concrete barrier and both of the truck's fuel tanks were punctured, spilling fuel all over the road. The semi flipped onto its side and finally came to rest at the side of the road, next to the barrier. The Atlanta driver has been found at fault and cited.
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Every year, thousands of fatal trucking accidents happen on roadways across the nation. Many of the trucking accidents in Atlanta and elsewhere are the result of driver fatigue. Truck drivers work long hours behind the wheel with very little rest. These drivers are common victims to drowsy driving as they chug on toward meeting deadlines and delivering goods. According to the National Highway Traffic Safety Administration (NHTSA), there were nearly 300,000 large trucks on U.S. roadways in 2009. These trucks were involved in accidents that resulted in the death of nearly 3,400 people and injury to another 75,000.

Our Atlanta trucking accident lawyers understand that semi-truck drivers have demanding work schedules with hours and hours spent behind the wheel. To help to reduce the risks of drowsy driving-related trucking accidents, the Federal Motor Carrier Safety Administration (FMCSA) recently announced a new rule to regulate the work schedules of these drivers. These drivers operate potentially deadly vehicles if involved in an accident. Death is more likely in the event of a traffic accident involving a big rig, semi-truck, tractor-trailer or 18-wheeler.

The rules tighten the previous hours-of-service (HOS) safety rules for these truck drivers,

"This final rule will help prevent fatigue-related truck crashes and save lives," said USDOT Transportation Secretary Ray LaHood.

The new rule was open for discussion a number of times through FMCSA listening sessions. These were meetings held across the country in which trucking employers, truck drivers, safe-driving advocates and law enforcement officials were invited to share their input regarding these standards to help shape the rules

FMCSA Administrator Anne S. Ferro says this rule is the most thorough and extensive rule yet. She says that through public and private input, as well as extensive research, administrators with FMCSA feel they've created the most comprehensive and beneficial set of rules and regulations to help to reduce the risks of drowsy driving-related trucking accidents across the country.

Drivers are no longer allowed to work 82 hours a week. They are now limited to 70 hours a week. They are also required to take at least a 30-minute break for every 8 hours they spend behind the wheel. Lastly, they are no longer allowed to driver more than 11 hours in a day.

Companies and drivers will be fined if they break any of the new rules.

In 2009, the NHTSA reports that there were nearly 150 large trucks involved in fatal accidents in Georgia. The new rule is hoping to reduce this number significantly with the coming years.

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Posted On: January 23, 2012

Slew of Georgia Trucking Accidents Urges Drivers to be Cautious on Roadways

As our Georgia trucking accident attorneys discussed on a recent blog, trucking accidents are a top concern for safe-driving advocates across the country. Traffic accidents involving big rigs, 18-wheelers, semi-trucks and tractor-trailers oftentimes produce fatal results.

There have been a number of recent trucking accidents in Georgia that illustrate our need for more road safety awareness. Both the drivers of trucks and the drivers of passenger vehicles are urged to be cautious. By practicing safe and alert driving habits, we can all do our part to help to reduce the risks of these types of accidents.
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Recent Trucking Accidents in Georgia:

Canton Road Connector on I-75 in Marietta: After a trucking accident in which a big rig flipped on its side, officials were forced to block the northbound lanes of the interstate to mop up the truck's spilled diesel fuel. Luckily, authorities reported none of the truck's 9,000 pounds of propane leaked in the accident. According to 11ALIVE, one person was injured in the accident and was transported to the hospital.

Highway 129 south on Gainesville: After rainy weather passed through the area, Hall County authorities report that a tractor-trailer slid off of the slippery roads and flipped on its side, according to Access North GA. The truck was fully-loaded with chickens. Local authorities said that it took for hours to clear the mess.

FedEx driver hits man in East Point: A 77-year-old pedestrian was hit by a passing truck and is now on life support. This accident happened at the intersection of Virginia Avenue and Harrison Road. Georgia State Patrol report that the truck's bumper hit the elderly pedestrian and the two back tires ran over her. WSBTV2 reports that the trucker kept driving until someone called and said that he had hit someone. The driver then returned to the scene of the accident. Reports indicate that the driver failed to see the pedestrian. The driver is not facing any charges for the accident. Authorities say that the pedestrian was jaywalking at the time.

Trucker from Georgia stops traffic for three hours: A truck driver from Rome wedged his big rig under a train trestle at roughly 8:30 a.m., after failing to obey a traffic control device. Officials with the Cambridge/Greenwich Police have given the driver a ticket. It took officials two hours to get the truck out from underneath the trestle, according to Bennington Banner.

Tractor-trailer hits power pole in Macon: A tow truck that was carrying three vehicles ran into a power pole and caused the power lines to hang just feet above the highway. Power was cut off to Northern and Hall Streets. Cleanup was expected to take nearly five hours. Motorists were urged to steer clear of the area.

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Posted On: January 15, 2012

Federal Trucking Standards Help Keep Fatigued Truck Drivers from Causing Georgia Trucking Accidents

Federally regulated hours-of-service rules for trucking companies are in place for a reason. Without them, fatigued truck drivers put other motorists in danger of a trucking accident in Georgia and elsewhere. Truck drivers are often required by their employers to make long trips and work extended hours but these work conditions can take a toll on the body and cause a driver to become drowsy or otherwise lose their edge.
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Road Safe America recently reported that a state legislator from New Hampshire is knocking the government for trying to keep trucking companies in line by placing stringent rules on drivers for the number of hours permitted to work in a day or in any given work week.

Atlanta trucking accident attorneys understand that drivers make the most money by working long hours but it simply isn't safe for other roadway users around them. Not only are motorists at tremendous risk of an accident caused by a fatigued driver but pedestrians and bicyclists have very little chance of survival from a collision with a large commercial truck or tractor-trailer. State Senator Ayotte is considering an amendment to ban the use of Federal funds to issue a final rule on driver and roadway safety for drowsy drivers in the commercial bus and trucking industries.

We first posted about the new proposal for hours-of-service (HOS) rule on our Georgia Truck Accident Lawyers Blog last December. The HOS proposal included a "34-hour restart" in which truck drivers could not begin the clock on a new weekly 60 or 70 hours worked without taking a 34-hour break from driving duties in between. New legislation was also proposed that a truck driver couldn't work more than 14 hours in any given workday. Violations of these proposed rules would cause drivers and their employers to be slapped with civil penalties for each offense. The driver could be assessed a fine up to $2,750 while the employer could be forced to pay up to $11,000 in civil penalties.

U.S. Department of Transportation Secretary Ray LaHood responded to the New Hampshire Senator with a letter. He defended his efforts and the work of his department by reinforcing the dangers of fatigued drivers. He wrote that approximately 500 lives were lost last year in an accident involving a fatigued commercial driver.

The U.S. Department of Transportation is very close to issuing a final rule that is critical to keeping hours worked by truck drivers in check and keeping fatigued commercial drivers off U.S. roadways. Since 2009, the government has been tackling the issue of driver fatigue through research, listening sessions and the rulemaking process. To propose an amendment to the final rule would cause confusion and a gray area between Federal and State officials, as well as, members of the trucking industry.

We want to urge all drivers to be well-rested before you take to the roads. Alert drivers can react to the dangers of more congested roadways as 2012 gets underway.

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Posted On: January 4, 2012

Train v. Tractor-Trailer Accident in Atlanta Highlights Risks to Motorists

A Georgia trucker is in trouble after plowing his big rig into a train; the clash of titans occurred at the Cherokee Street crossing in Kennesaw, according to the Atlanta Journal Constitution.

The risk for Georgia semi accidents is on the rise as 2012 gets underway; truckers are hitting the road looking to make up for lost time after the break. Motorists don't stand a chance in an accident with a tractor-trailer and are unlikely to fare any better in a railroad crossing accident. Train engineers and truck drivers share a larger responsibility in keeping motorists safe on the road. When they fail to live up to their end of that bargain, the results are typically catastrophic and often deadly for victims in passenger cars. 1334757_railway_sign.jpg

Our Atlanta trucking accident attorneys understand those risks: Nearly 4,000 motorists were killed and nearly 75,000 were injured in accidents with large commercial trucks in 2009. In three-quarters of those cases, the victim was the occupant of a passenger vehicle or a non-occupant, such as a bicyclist or pedestrian, according to the National Highway Traffic Safety Administration.

In this case, the truck got stuck at the crossing and was hit by a freight train, according to a report from the Kennesaw Police Department. The Atlanta Foods International truck was crossing the CSX Transportation tracks at the time of the accident. The 44-year-old truck driver was cited for failure to heed a crossing signal that warned of the approaching train. The train slammed into the trailer but managed to remain on the tracks.

The train missed the tractor and neither the driver or the train crew reported serious injuries, according to the AJC report. The road was closed for more than three hours and the Cherokee crossing was to remain closed pending repairs.

Georgia is one of 10 states under federal mandate to improve safety at railroad crossings. The state ranked fifth most dangerous in a report released in 2010 by the Federal Railroad Administration. Georgia is under a directive to focus on crossing deemed most dangerous and to come up with an action plan to improve safety.

Nationwide, about 7,000 railroad crossing accidents occur each year, claiming nearly 900 lives. Nationwide, railroad infrastructure is aging and woefully inadequate when it comes to the task of keeping motorists safe. Far too many crossing lack arms, lights and signals and far too many intersections have equipment that is not functioning or not properly maintained.

According to the Georgia Department of Transportation, the state currently evaluates crossings based on the following criteria:

-Number of passenger trains using the crossing.

-Number of freight trains using the crossing.

-Distance to alternate crossing.

-Crossing's accident history.

-Type of warning devices present at crossing, if any.

-Alignment of roadway and crossing.

-Traffic volume of crossing.

-Crossing speed limit.

-Affects of closure, including presence of medical facilities in the area.

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