Georgia Truck Accident Lawyers Blog

A new law permits some of the heaviest trucks in the nation to roll down Florida highways, and increases the risk of serious Georgia trucking accidents involving overweight Florida semis.

Road Safe America decried the increase in weight limit -- from 80,000 to 88,000 pounds -- as nothing more than a handout to big business that comes at the expense of motorist safety.

In most cases, Georgia trucks are limited to 80,000 pounds, though spotty enforcement and small fines often make it worth a driver's risk to increase profits by running heavy.

That 8,000 pounds is a big deal: It adds the weight of two passenger cars to trucks that are barreling down Florida highways at 70 mph. A truck's weight is one of the primary dangers for other motorists on the road. And Florida semis are now heavier than anywhere in America except Idaho, Maine, Washington and North Dakota.

One of nine fatal accidents on the road involves a semi tractor-trailer or other large commercial truck, according to the National Highway Traffic Safety Administration. More than 380,000 large truck crashes were reported in 2008, leading to the death of 4,229 motorists and injuring more than 90,000 others. Georgia semi accidents claimed 179 lives that year.

Trucking companies claim it makes for more efficient delivery of goods by allowing for fewer trips. Safety advocates aren't buying it.

"The dangers of increasing tractor-trailer truck weights are well known - they are harder to stop, steer and more vulnerable to roll over during a crash," said Tom Guilmet, the Executive Director of the Florida Safety Council. "But, by far, the most compelling objection to heavier trucks is the fact that they will cause more deaths and injuries on our highways."

Continue reading "Heavier Florida semis could mean heavier trucks in Georgia, increased risk of trucking accidents" »

The Federal Motor Carrier Safety Administration announced this week that a two-week enforcement sweep has resulted in the removal of 109 commercial bus and truck drivers from the road for violations of drug and alcohol policy.

Our Atlanta accident attorneys have written recently on our Georgia Truck Accident Lawyers Blog about the drug testing issue. The Federal Motor Carrier Safety Administration has specific requirements for drug testing, including testing in the wake of serious or fatal accidents.

"If you are a commercial driver or carrier operating in violation of federal drug and alcohol laws, we will remove you from our roadways," said Secretary Ray LaHood. "Parents deserve to know their children are being driven by bus drivers who are drug and alcohol free, and every motorist deserves to feel confident that the drivers of large trucks and buses are safe and sober."

Unfortunately, the issue is more complicated; the federal government continues to permit truckers to work with prescription narcotics in their systems, provided they are under the care of a physician. The same drugs would be refused to an airline pilot. Additionally, while we commend any enforcement effort, we find little solace in the news that a spot check found more than 100 violators.

The crackdown, which ran from June 21 to July 2, will also result in enforcement action against 175 carriers. The government gave no reason why it waited six weeks to issue the results, which were posted on Wednesday.

During the two-week sweep, investigators examined the drug and alcohol records of drivers working for commercial bus and trucking companies, including long-haul truckers, hazardous material transporters, interstate passenger carriers and school bus drivers. The goal was to remove drivers who jump from carrier to carrier to evade testing and reporting requirements.

"FMCSA is committed to ensuring that only safe commercial drivers and carriers are allowed to operate," said FMCSA Administrator Anne S. Ferro. "Our annual drug and alcohol strike force is just one of the ways we weed out those 'bad actors' and make our roads safer for everyone."

The more than 100 drivers identified in the sweep could face fines and revocation of their commercial driver's licenses. Both the drivers and the carriers will have an opportunity to contest the charges.

We are curious about whether the FMCSA will follow these cases through to conclusion and report back about how many of these truckers were ultimately prohibited from returning to work. Our Georgia trucking accidents lawyers think it's likely most, if not all, will continue working during the appeals process and will ultimately remain on the road.

Continue reading "Two-week sting faults more than 100 truckers for violating alcohol and drug abuse policies" »

Georgia injury lawyers who handle trucking cases know that depending on the circumstances of a tractor-trailer accident, a trucking company is required to have a driver tested for the presence of drugs and alcohol in his/her system. The Federal Motor Carrier Safety Administration has specific rules governing when these tests are required.

These regulations provide that a trucking company must perform a drug and alcohol test on a driver whenever he is involved in an automobile accident resulting in a fatality. Testing is also required when the investigating officer issues a citation to the driver involved in the accident and the accident causes bodily injury requiring immediate treatment away from the accident scene or the accident causes disabling damage to any motor vehicle which must be towed from the scene. Disabling damage does not include damage which can be remedied at the scene without special tools or parts, tire damage without any other damage, headlight or taillight damage, or damage to turn signals, horn or windshield wipers. The post-accident testing should occur as soon as practicable after the accident. A motor carrier’s cancellation of a scheduled post accident test is admissible as evidence tending to show that the carrier was trying to conceal the driver’s potential use of alcohol or controlled substances.

Recently, we represented the victim of a tractor-trailer accident in a serious injury case which involved this issue. The truck driver in that case was never tested as required. The trucking company simply told him to go get tested but never took him for the drug test. Accordingly, although they did not “cancel" a post accident drug test, they did nothing affirmative to make sure that he was tested. The regulations clearly put the onus of compliance on the trucking company.

Continue reading "Tractor-Trailer Post Accident Drug And Alcohol Testing" »

A woman was injured Friday morning in a Georgia trucking accident when her car was involved in a collision with a semi, the Newnan Times-Herald reported.

She was transported to an Atlanta hospital in unknown condition following the accident, which occurred at about 9:30 a.m., according to the Georgia State Patrol.

The patrol reports that the 18-wheeler was traveling south on Highway 85 when the driver attempted to turn left onto Highway 16. The tractor-trailer turned directly into the path of the woman's Acura Integra, which was heading north on Highway 85.

The victim was trapped in her car and had to be extricated by emergency personnel. She was transported by medical helicopter to Grady Memorial Hospital. The driver of the semi was not hurt.

Unfortunately, this is all too typical of a Georgia semi accident; motorists frequently suffer very serious or fatal injuries while the truck driver walks away unharmed. In 2008, one of every nine fatal traffic accidents in the United States involved a collision with a large truck, according to the National Highway Traffic Safety Administration.

More than 350,000 crashes involving large trucks occur in the United States each year. Fatal trucking accidents have claimed more than 4,000 lives each year for more than a decade. In 2008, a total of 4,066 motorists were killed and more than 66.000 were injured in accidents with large commercial trucks. Georgia trucking accidents killed 179 motorists that year, more than any state except California, Florida, Texas and Pennsylvania.

In three-quarters of the cases, those killed were occupants of the other vehicle. Only 16 percent involved a truck occupant (another 10 percent involved a pedestrian or victim other than a vehicle occupant).

Continue reading "Woman seriously injured after Newnan, Georgia tractor-trailer accident" »

Unfortunately, the use of controlled substances by tractor-trailer drivers, whether prescription drugs or illegal drugs, is more common that one would think. As an example, the Georgia injury lawyers at Finch McCranie, LLP represented a client who who sustained serious injuries, including a brain injury as a result of a tractor-trailer accident. The client was struck, as a pedestrian, by a tractor-trailer that left the roadway and ran off on the shoulder of the interstate highway. After filing suit against the driver and the trucking company we discovered that the truck driver had sustained a non work related spinal injury months before the collision that left him with low back pain and numbness in one of his legs. He was taking pain medication at the time of the accident.

The regulations of the Federal Motor Carrier Safety Administration, which governs the operation of commercial trucks, clearly set forth common sense rules prohibiting this conduct. The regulations of the FMCSA provide that a driver cannot use a controlled substance when reporting for or remaining on duty requiring the performance of a safety-sensitive function unless the use of the controlled substance is pursuant to the instructions of a physician, who has advised the driver that the substance will not adversely affect his ability to safely operate a commercial vehicle. A motor carrier may require a driver to disclose any therapeutic drug use related to a medical condition. A driver cannot report for duty, remain on duty or perform a safety-sensitive function if he tests positive for controlled substances. An employer is prohibited from allowing a driver who has used controlled substances or tests positive for a controlled substance to perform or continue to perform a safety-sensitive function.

Continue reading "Use Of Controlled Substances By Tractor-Trailer Drivers" »

Operating a commercial truck, whether it be a tractor-trailer, box truck or a dump truck, with unsafe equipment is a common cause of truck accidents. Catastrophic injuries or death frequently results when negligent behavior or faulty equipment leads to a truck crash.

The Georgia injury lawyers at Finch McCranie, LLP recently settled a tragic wrongful death case involving a dump truck that overturned and collided with our client’s car. The collision occurred as a result of a tire blowout on the dump truck. The truck tire failed for two reasons, under-inflation and speeding.

A recent study by The National Highway Transportation Safety Administration (NHTSA) demonstrated that the top two types of damage for tire debris fragments found on the roadside were: road hazard (39%) and excessive heat (30%).

It is well known that a primary cause of tire failure is heat buildup. Head buildup in truck tires usually results from under-inflation, overloading, high speed operation or, as was the case in our client’s wrongful death case, a combination of these factors. Also, vehicles operating with low tire air pressure have reduced handling capacity and fuel economy.

Technology in the form of Tire Pressure Monitoring Systems (TPMS) now exists that can monitor tire inflation and warn the driver of unsafe low tire pressure that could result in tire failure. For large trucks that may have a high-pressure air source (air compressor) on board for brakes, a better alternative to TPMS may be central tire inflation (CTI) systems that can automatically keep tire inflated to the proper pressure.

Some of the advances in reducing tire failures on large trucks have begun and this technology will no doubt continue to appear in passenger car tires as time goes on.

The Federal Motor Carrier Safety Administration has specific cargo securement rules aimed at helping to prevent unsafe loads from causing Georgia trucking accidents and semi accidents nationwide.

Our Atlanta semi accident lawyers frequently address the danger a semi's weight poses to other motorists on the road. A fully-loaded tractor-trailer weighs 80,000 pounds -- about 20 times the weight of a passenger vehicle. And a semi typically takes three times longer to stop.

What we spend less time talking about are the loads. Each type of load carries its own risk. Liquid loads can be challenging, because of the effects of sloshing, and because of the hazardous materials such cargo may contain. Open loads, dump trucks and flatbeds all contain their own unique risks. Frequently a truck may be carrying more than one load, and the handling characteristics will change after offloading. Delivery of a load at the rear of a trailer may also destabilize a load left aboard, or a trucker may fail to properly secure the remaining load before departing for a subsequent destination.

The Federal Motor Carrier Safety Administration requires that loads be capable of withstanding significant forces applied from different directions: deceleration in the forward direction; acceleration in the rearward direction; and acceleration in the lateral direction.

The federal safety agency also has specific requirements and rules for securing loads, including:

-Use of securement devices

-The proper use of tiedowns

-The use of unmarked tiedowns

-The use of unmarked and unrated anchor points

-Cargo placement and restraint

-Minimum numbers of tiedowns

-Commodity specific securement requirements

The securement of specialty commodities is a frequent cause of trucking accidents. These can include logs, metal coils, paper rolls, concrete pipes, intermodal containers, automobiles, heavy equipment, scrap metal, roll-on containers and large rocks.

Improper loads frequently lead to serious or fatal accidents. And the loads themselves can cause havoc on the highway when they break loose and become tumbling projectiles. Truckers and trucking companies have an obligation to the safety of motorists to ensure that these loads are properly secured. A motorist who is seriously injured in an accident caused by an unsafe load should be properly compensated.

Continue reading "Unsafe loads a leading cause of Georgia trucking accidents" »

Yesterday, a tractor-trailer accident in north Georgia blocked traffic for hours. The AJC reported that around 4:00 p.m. the tractor-trailer, which had been traveling eastbound on Ga. Hwy 53, left the roadway near a bridge west of Dawsonville and burst into flames. Fortunately no other vehicles were involved and the driver escaped without injury.

Although the cause of this truck accident has not been reported, as Georgia injury lawyers, we wonder whether driver fatigue may be responsible. Many commercial vehicle accidents are caused by a driver’s inattentiveness or fatigue resulting from the operation of the vehicle for an excessive amount of time. The Federal Motor Carrier Safety Regulations provide time limits by which drivers and their employers must abide. In addition, drivers are required to keep a Drivers Log documenting driving times and rest breaks. Carriers have a duty to monitor their drivers’ logs through an appropriate log verification procedure and to establish proper control of driving time to ensure compliance with the maximum hours of service regulations set by the Federal Motor Carrier Safety Administration.

Continue reading "North Georgia Truck Accident - Was Driver Fatigue Responsible?" »

The use of medical marijuana by truck drivers will continue to constitute a violation of the U.S. Department of Transportation's Drug and Alcohol Testing Regulations, the Federal Motor Carrier Safety Administration has announced.

It is an important clarification. As our Atlanta trucking accident attorneys reported recently on our Georgia Truck Accident Lawyers Blog, truckers are permitted to use narcotic pain relievers and other prescription medication under a doctor's care. The same medication would be refused to a commercial airline pilot.

An announcement last year concerning the fed's tolerance for medical marijuana left open the possibility that truckers could justify smoking marijuana for medical purposes.

The Department of Justice issued a memorandum that essentially said that prosecutors should not spend federal resources in prosecuting cases involving marijuana in situations where a defendant was legally using the drug in accordance with a state's medical marijuana law.

The clarification means that stance will have no bearing on drug testing for truckers.

"Medical Review Officers will not verify a drug test as negative based upon information that a physician recommended that the employee use 'medical marijuana,'" the Department of Transportation said in the announcement. "It remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation's drug testing regulations to use marijuana."

Fourteen states have now legalized marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.

And earlier this week, the federal government announced that veterans would not face loss of VA benefits for using medical marijuana.

Continue reading "Truckers in Georgia not permitted to use medical marijuana, even if it's legal in their home state" »

The Georgia State Patrol is investigating a tractor-trailer accident that occurred on Interstate 85 in Jackson County last Wednesday morning. Although the cause of the accident has not been announced, officials found a vehicle lodged under the rear of the tractor-trailer.

The Georgia injury lawyers at Finch McCranie, LLP have represented clients in all types of tractor-trailer trucking cases, including what have been called “under-ride” cases. These accidents occur for a variety of reasons. In some of the cases we have seen, the tractor-trailer is not properly illuminated with working lights and required reflective tape and in some of the cases, the trailer had defective or missing safety equipment.

The Federal Motor Carrier Safety Regulations (FMCSR) address all of these issues, including requiring rear guards on the trailers. Specifically, the regulations require that every trailer must have a rear impact guard to protect against a vehicle going under the trailer during a rear impact collision with the except of pole trailers, pulpwood trailers, low chassis vehicles, special purpose vehicles and wheels back vehicles. The FMCSR specifies the required dimensions of rear guards and requires them to be substantially constructed and attached by bolts, welding, or other comparable means. If it breaks in a rear-end collision the carrier can be held liable for improper welding and attachment of the guard. As with any case, it is important to document the condition of the tractor-trailer with photographs and to preserve any physical evidence that is available, including the rear guard.

A Texas man has been charged with a fatal Atlanta trucking accident that occurred on I-285, Channel 2 reported.

The 43-year-old driver is accused of crossing over the fog line and striking a minivan that was parked in the emergency lane. The Georgia semi accident happened on I-285 near Riverside Drive.

The crash claimed the life of a 44-year-old Sandy Springs motorist. The defendant is charged with a lane violation and second-degree vehicular homicide.

The Atlanta Journal Constitution reported that the woman was taken to Grady Memorial Hospital, where she was pronounced dead. Police say the tractor trailer hit the Toyota minivan as it traveled in a westbound lane.

The media has not reported on what caused this accident.

The leading causes of commercial trucking accidents include prescription drug use, speed, unfamiliar with road, over-the-counter medications, distracted driving, fatigue, illegal maneuvers and aggressive driving. As we reported recently on our Georgia Truck Accident Lawyers Blog, some safety advocates argue that treating truckers more like pilots would reduce the risk of serious and fatal tractor-trailer accidents on the nation's roads.

Current law permits truckers to use prescription medication under the advice of a doctor and relies upon paper logbook reporting of hours-worked, maintenance, and other safety requirements. Reducing work-hours, and relying upon automatic recorders -- similar to the black boxes we hear about in airliners -- could go a long way toward reducing the number of Georgia semi accidents.

Continue reading "No cause given for fatal Atlanta trucking accident; data recorders would improve safety, assist investigators" »

The Federal Motor Carrier Safety Regulations require that all trucking companies “systematically inspect, repair and maintain, or cause to be systematically inspected, repaired, or maintained, all motor vehicles subject to its control.” Obviously, this safety regulation is designed to insure that all trucking companies maintain their vehicles in good working order. Carriers must maintain repair and inspection reports, (which have to be filed each day a vehicle is driven), which records must also evidence periodic inspections of each vehicle owned by the motor carrier. A failure of a trucking company to fulfill its repair and maintenance obligations can be an independent basis of liability against the trucking company. Some courts have held that if a motor carrier does not maintain its vehicles in good working order and as a result of such a breach an accident occurs that this can also be the basis of punitive damages against the motor carrier. Essentially, the courts have recognized that putting an unsafe vehicle on the road is a willful and wanton disregard of public safety which justifies punitive damages.

In any case involving a tractor-trailer accident, counsel should subpoena and obtain from the trucking company all of its inspection, maintenance and repair records for the vehicle involved to make sure that the carrier fulfilled its duties under the Federal Motor Carrier Safety Regulations.

Any driver of any vehicle, much less trucks, knows that when the weather is bad extra precaution must be taken in the operation of the vehicle. This is especially true for large tractor-trailer trucks that are much heavier in weight and therefore more difficult to slow down. The Federal Motor Carrier Safety Regulations require that drivers of motor carriers use “extreme caution” in the operation of trucks during hazardous conditions such as those caused by snow, rain or any other weather event which adversely affects visibility or traction. Speed must be reduced when such conditions exist.

Most state Commercial Driver Licenses Manuals require that truck drivers slow down at least by one-third (⅓) of the posted speed limit in order to insure the safe operation of their heavy tractor-trailer rigs. Because it takes longer to stop and is harder to do so without skidding or losing control if it is raining or snowing, the driver must slow down from 55 to 35, as an example, on any wet road. On packed snow most commercial drivers’ manuals require that speed be reduced by half (½).

The motor carrier safety regulations are very important in helping to establish negligence of a truck driver who is speeding during adverse weather conditions. Even if a truck driver is traveling within the posted speed limit, he may still be in violation of the Federal Motor Carrier Safety Regulations because traveling at 55 miles per hour, which may be the posted speed limit in any particular area, may still be too fast for conditions and under the Federal Motor Carrier Safety Regulations is too fast for conditions when the weather is adverse.

In any case involving adverse weather conditions, counsel should investigate very carefully whether excessive speed was involved and/or whether the driver and carrier used “extreme caution” for the safety of the motoring public. If not, a proven violation of these safety regulations can help to establish liability against the trucking company and its driver.

Yesterday, a Georgia tractor-trailer accident shut down Interstate 85 north near Hamilton Mill Road in North Atlanta. The tractor-trailer, which appeared to be loaded with several steel beams, overturned and spilled its load all over the roadway. Fortunately, no injuries were reported and the reason for the crash has not been reported. Given the size of the truck, the size and weight of the cargo, and the fact that the crash occurred in the middle of an Interstate highway, this accident could have resulted in the wrongful death or serious injury of numerous people.

As Georgia injury lawyers who have handled numerous tractor-trailer accident cases over the span of 40 years, we have seen similar accidents which were caused by the load shifting during transit. Often the load was not properly secured. The Federal Motor Carrier Safety Regulations clearly outline the carriers responsibilities for proper loading of a truck. Commercial vehicles must be loaded in such a manner as to prevent its cargo from leaking, spilling, blowing or falling from the vehicle. The cargo must be immobilized or secured to prevent shifting to the extent that the vehicle’s stability or maneuverability is affected. There are also specific regulations that deal with specific cargo such as logs, boulders, concrete pipes, metal coils, etc. The driver of a commercial vehicle is charged with the responsibility of making sure that the truck is loaded in compliance with federal law. A driver cannot operate a commercial vehicle unless (1) the load is properly distributed and adequately secured, (2) the means of fastening the cargo is secured, and (3) the cargo does not obscure the drivers view or interfere with the movement of his arms or legs. The Regulations not only require that the driver of a commercial vehicle check the load before beginning the drive but also requires that he must examine the load again within the first 50 miles after beginning a trip and make any adjustments that are necessary to secure it. In addition, the driver must re-examine the load and the devices securing the load when he makes a change of his duty status, after the vehicle has been driven for three(3) hours or after the vehicle has been driven 150 miles, whichever comes first.

A Georgia man was injured in a tractor-trailer accident on Tuesday afternoon when a semi truck slammed into the back of his pickup truck. The Postlight Searchlight reported that the accident occurred the accident occurred about 1:30 p.m. on Tuesday on U.S. 84 near Brinson, Georgia. Apparently, the pickup truck was following a slow moving front-end loader as an escort when the Volvo tractor trailer came up from behind. When the semi driver realized that he was going to slam into the rear of the pickup, he tried to swerve to miss him. Upon impact, the pickup truck was pushed into the front-end loader and then off the road where in overturned. The semi continued on across the median and came to rest in a wooded area.

Why the tractor trailer driver failed to see and appreciate the slower moving vehicles in front of him is unknown at present; however, a thorough investigation is warranted. Georgia injury lawyers that there many be many factors from distracted driving to driver fatigue to poor maintenance or training that may have led to or contributed to the crash of this tractor trailer.

Continue reading "Tractor Trailer Accident Injures Georgia Man" »

Georgia injury lawyers often file serious injury and wrongful death lawsuits on behalf of families of guest passengers, against their host driver in cases, where the host driver was negligent. Although details of the accident are limited, such may have happened last week in DeFuniak Springs, Florida. The Associated press reported that a Georgia man, 45 year old Morris Hamontree, died last Thursday night in a one vehicle tractor-trailer accident in Interstate 10. According to the article, Hamontree was a passenger in the tractor trailer rig which drove off of the highway into the median. It is though that the driver over-corrected and crossed back over the westbound lanes of I-10 before striking a large tree.

When Georgia injury lawyers hear of circumstances such as what has been reported in this case, we always wonder whether driver fatigue could have been a factor. It is a fact that driver fatigue may be the number one safety problem in the trucking industry today, and is a factor in nearly 40% of all crashes nationwide. No doubt there will be a diligent investigation by authorities concerning all of the circumstances surrounding this tragic accident.

Continue reading "Tractor Trailer Accident Results In Death Of Georgia Man" »

Some of the more enlightened insurance carriers are well aware of the fact that their greatest exposure to liability claims comes from fatigued drivers. Drivers who operate tractor-trailer rigs for an excessive number of hours on long interstate trips are likely to become fatigued and therefore less careful in their operation of these large trucks. Some insurance carriers have conducted sleep apnea tests and have devices that are used to study those who seem to suffer from the ill effects of this disorder. Whether a driver is overweight, snores too much or otherwise is sleep deprived can all have an effect on what is known as sleep apnea. This condition, which can exacerbate pre-existing fatigue, obviously is potentially a danger to the public.

The federal regulations governing truck drivers provides that no driver shall operate a commercial motor vehicle while the driver’s ability or alertness is impaired or so likely to become impaired through fatigue, illness or any other cause so as to make it unsafe for him to begin or continue to operate a commercial motor vehicle. In other words, sometimes the driver causes an accident because he is tired and fatigued. If the injured claimant can show that the driver suffered from sleep apnea and the trucking company was aware of this, the injured claimant may be able to establish that the trucking company failed to take appropriate steps to makes sure that its driver complied with federal law.

Because federal law mandates that no fatigued driver may operate a commercial motor carrier if the driver is fatigued or suffers from a condition that can make him so unsafe as to either begin or continue to operate the motor vehicle due to such impaired condition, counsel in these cases should be on the look out for evidence of sleep apnea by the driver. While sleep apnea, of course, does not have to be proven to establish liability for an accident, if it is proven this would be circumstantial evidence which could form the basis of why a particular collision occurred. Fatigued drivers are dangerous drivers and where fatigue is proven to exist, it is more likely than not that it may have been a contributing factor in a particular collision. Again, experienced counsel should look into these matters so as to protect the rights of innocent victims from trucking company negligence.

Road Safe America, a traffic safety organization founded by parents who lost a son in a trucking accident, is pushing for legal changes in the trucking industry to improve safety and reduce the risk large trucks pose to other motorists on the road.

Our Georgia trucking accident lawyers note with interest the organization's comparison of truck drivers to airline pilots -- both take the lives of hundreds of travelers into their hands each time they climb into the driver's seat.

-Age Limit: Pilots must retire at age 65. No such limit exists for truckers, drivers older than 80 remain on the road.

-Prescription drugs: Pilots are forbidden from consuming some prescription narcotics, while truck drivers are permitted to consume narcotics under a doctor's orders.

-Physicals: Pilots are required to under go a physical every six months. Truckers are required to get a physical every two years.

-Hours of work: Pilots are limited to 1,000 hours a year, or 30 hours a week. Truckers can work four-times longer, up to 4,000 hours a year.

-Electronic Tracking: Work hours for pilots are tracked electronically, while trucking regulations entrust truckers with keeping paper records.

-Deaths: Fewer than 100 people have died in airline crashes during the last three years, while more than 15,000 have been killed in trucking accidents and as many as 400,000 motorists have been injured.

Among the changes in the trucking industry that Road Safe America is pushing for:

-Require all trucks to have speed limiters, which would prevent them from traveling faster than 65 mph.

-Require on-board data recorders that will accurately report a driver's driving time, hours of service and location.

-Increase pay for truckers.

-Improve and standardize training requirements.

-Require use of available safety technologies, including collision warning systems, stability control and active braking.

-Limit the use of cruise control.

-Standardize requirements for intrastate (travel within a state) and interstate (travel across country) truckers.

-Increase insurance requirements.

-Require advanced medical screening of truck drivers.

-Limit the ability of truck drivers to consume prescription narcotics, even with a doctor's note.

Continue reading "Treating truckers like pilots could reduce the risk of Georgia semi accidents" »

We have blogged before about the problem with so-called independent contractors and the attempt by unscrupulous operators to insulate themselves from the negligence of its drivers. To address this problem, Congress amended the Interstate Motor Common Carrier Act to require that a registered motor carrier assume “full direction and control” of leased vehicles. In order to effectuate this responsibility, federal law mandates that insurance policies for all motor common carriers contain an MCS-90 Endorsement. The required language in the form MCS-90 Endorsement is standardized and applies to the operation, maintenance and use of motor vehicles subject to the financial responsibility requirements of the Motor Carrier Act of 1980. In essence, those sections apply to motor carriers engaged in interstate commerce. Thus, insurance companies who insure vehicles owned or leased by interstate trucking companies must include the MCS-90 Endorsement in their policy. This endorsement makes the motor carrier responsible for any leased vehicle, so much so as to practically guarantee that an independent contractor argument will fail where such an MCS-90 Endorsement is proven to exist and a lease agreement between the carriers is involved.

The MCS-90 Endorsement applies to interstate motor carriers operating in interstate commerce. State laws are different, but if there is a interstate carrier involved and an interstate shipment is involved as well, an injured individual may claim the benefit of the MSC-90 Endorsement to claim minimum federal limits of liability insurance coverage which typically are $750,000.00. Because the damages caused by collisions with big tractor-trailer rigs are usually more serious than a routine automobile accident, the MCS-90 Endorsement can become extremely important particularly if a third party leased vehicle is involved and the injuries and damages caused by such a negligent operator are serious.

Because of the importance of experienced counsel in these areas, once again, anyone who is injured by a so-called “independent contractor” should confer with counsel as soon as possible to protect their rights. The MCS-90 Endorsement may be the best protection one can have in this context.

When a tractor-trailer is involved in a serious collision, serious injuries usually are involved, if not wrongful death. The size of these large rigs usually means that the damage involved in a collision will be significant. Accordingly, obviously, a key issue in all of these cases is the nature and extent of available liability insurance coverage to provide redress to innocent third parties who are injured due to the negligence of tractor-trailer trucking companies and their employees.

If a tractor is hauling a trailer for another party, it may be that multiple policies of insurance can be stacked on top of each other to provide for greater coverage for the innocent victim. If a tractor-trailer company has insurance on its tractor and is hauling a trailer that is also involved in the collision and also inflicts damage then the coverage on the trailer and its owner may be stacked on top of the tractor’s coverage to provide for an additional layer of protection to the injured individual. While these cases are all factually specific, nonetheless, this possibility must be thoroughly investigated, particularly where serious injuries or wrongful death cases are involved. Thus, a factual investigation should be undertaken immediately to determine in whose name the tractor is registered as well as in whose name the trailer is registered. Federal and state inquiries must be made of both owners to determine the extent of their involvement in federal registrations and the extent of their coverages. While there may be available coverage under the tractor’s policy which might be sufficient depending upon the nature of the case, when multiple parties are injured in one of these serious collisions, it may take multiple policies to provide redress for all those injured by the negligence of a large tractor-trailer rig.

When a trucking company is sued, typically it is sued on the basis of an employer/employee relationship. The truck driver/employee falls asleep due to fatigue and injures an innocent third party on a highway. A lawsuit can be filed in such a case against both the employee and the trucking company. Here in Georgia, there is a statute (O.C.G.A. § 46-7-12) which also permits the injured individual to file a direct action against the insurance carrier for the trucking company. The legislative intent here was to recognize that the insurance contract between the trucking company and the insurance carrier, was in reality, a contract for the benefit of the innocent member of the public injured by the trucking company’s employee. Thus, in an accident where an innocent member of the public is injured by a trucking company operating in interstate commerce, the injured individual may sue either the truck driver alone, the trucking company and the truck driver or all three or any combination thereof.

For strategic reasons, if the jury knows that there is insurance coverage available to provide redress for the injured victim, this may assist the jury in making sure that the injured individual is adequately compensated for their damages without worrying about the economic impact upon the driver and/or the company. Of course, defense attorneys would argue that the availability of such insurance coverage could drive jury verdicts upwards but, this was considered by the Georgia Legislature when this unique statute was passed. Thus, all practitioners should be aware that they have the right to name in a direct action the insurance carrier at the inception of a lawsuit. In Georgia, this rule is quite different from any other rule because by operation of law as a general proposition, one may never sue an insurance carrier until a judgment is first obtained against the insured covered by the insurance contract. The exception is in the trucking context and in that regard the injured victim does have a right to sue the insurance carrier at the beginning of the lawsuit naming the insurance carrier as a defendant. This option should be exercised in most all cases except where there are legitimate reasons to do otherwise.

Because of these unique provisions of Georgia law, again, an injured individual with a claim against an interstate trucking company should confer with experienced counsel as soon as possible to explore all available options.

For years unscrupulous trucking companies have utilized the services of so-called independent contractors. An employer/trucking company will “hire” an independent contractor to drive a truck on their behalf. If an accident occurs because the leased vehicle is unsafe or is negligently operated, the hiring employer/trucking company will attempt to distance itself from liability by arguing that the negligent truck driver was “an independent contractor” and not an employee. The good news is that there are laws that protect the public from unscrupulous trucking companies that would seek to avoid liability through these independent contractor arguments. The bad news, depending upon the facts, is that such liability might be limited particularly if the independent contractor/trucking company is involved in intrastate commerce and not interstate commerce.

When a legitimate company hires or leases a truck from another third party, the Federal Trucking Regulations make the leased vehicle a statutory employee of the lessor. Thus the lessor’s coverage would apply because the truck driver, by operation of law, becomes the employee of the employing leasing company. The problem is that if the accident occurs in intrastate commerce minimum limits under state law may apply, whereas, if the accident happens in interstate commerce, then federal limits may apply which typically are far greater than state imposed limits of liability.

Anytime there is a leased vehicle involved counsel should be retained immediately. Insurance companies are likely to seek to avoid liability of at all possible under the independent contractor rule and/or under arguments that the trucking lease arrangement was not interstate in character but rather intrastate, thus seeking to minimize the amount of their insurance obligations. As all of these cases involve factually specific issues, which must be fully investigated, again, any victim of a so-called “independent contractor” trucking company should confer with counsel experienced in these areas as soon as possible.

Georgia injury lawyers who have handled serious injury and wrongful death cases against trucking companies closely examine any representations made by truck drivers and this is particularly true when it comes to representations made by the safety departments of trucking companies.

This week, CBS.Com published an article about a Georgia trucker employed by Con-Way Freight who was fired after he had a single vehicle truck accident in his 14-wheeler. According to the driver, as he was exiting the expressway on his way to Knoxville, his brakes failed to work resulting in the tractor and both trailers overturning. The driver claimed that he was unaware of any problems with the brakes until he tried to apply them as he got off of the expressway. Interestingly, the Knoxville police came to the conclusion that the brakes had failed and the driver was not at fault for the accident. Accordingly, the driver was not charged with the accident. When the driver returned to work, he was fired.

When the CBS Atlanta reporter contacted Con-Way Freight to inquire about the incident and the firing, he was referred to their corporate communications department who released a statement that said in part, “if for any reason, a driver has any question about the safe operation of a vehicle, the instructions for what to do are crystal clear: pull the vehicle to the side of the road, park it, call operations, and wait for instructions.”

Although Con-way Freight now claims there was nothing wrong with the brakes, this is completely contradicted by the Knoxville police and their former driver. Our experience has shown that when a motorist claims brake failure at the scene of an accident, the authorities always check the vehicle out for themselves as was no doubt done in this case. Fortunately, no one was injured in this accident; however, had that not been the case, it would have been crucial for an immediate inspection to have been made by an expert to document the condition of the truck and trailer.

Continue reading "Georgia Tractor-Trailer Overturns After Experiencing Brake Failure" »

The Georgia trucking accident lawyers at Finch McCranie wish each of you a safe and enjoyable Fourth of July holiday and urge you to celebrate responsibly and stay safe on the road.

State officials believe that 18 people will not survive the weekend, having been involved in a fatal accident on Georgia roads, the Atlanta Journal-Constitution reports. Last year, 15 people died in Georgia car accidents over the Fourth of July holiday.

In all, the Governor's Office of Highway Safety estimates more than 2,000 crashes will injure 1,000 motorists and claim 18 lives between now and Monday.

While not every accident is preventable, there are steps motorists can take to stay safe on the road.

“Most of these crashes aren’t just random events caused by too many cars navigating through too much congestion," said Bob Dallas, director of the GOHS. “Drivers need to pay attention to Georgia State Patrol warnings that alcohol, speed and failure to use safety belts are the primary contributing factors in fatal crashes during the holiday travel periods.”

Thanksgiving and the Fourth of July have been the deadliest holidays on the nation's roads in recent years, according to the National Highway Traffic Safety Administration.

Nationwide Holiday Traffic Fatalities in 2008:

New Year's: 104

Memorial Day: 370

Fourth of July: 437

Labor Day: 423

Thanksgiving: 439

Christmas: 364

New Year's Eve: 37

Fatal Holiday Traffic Accidents in Georgia in 2008:

New Year's: 7

Memorial Day: 12

Fourth of July: 16

Labor Day: 13

Thanksgiving: 17

Christmas: 25

Atlanta trucking accidents remain a real threat through the holiday weekend. As a major trucking center, many rigs are expected to be on the roads, either attempting to get home to be with family, or starting a long haul after a short break. Millions of motorists will also pass through Atlanta on their way to visit family or while returning South after the long holiday weekend.

Continue reading "Georgia injury lawyers wish each of you a safe and enjoyable Fourth of July" »

A Georgia tractor-trailer accident that occurred at about 4:35 a.m. about 3 miles south of Perry has resulted in injury to five occupants of the car it hit. According to an article on Macon.Com, a northbound Federal Express truck, pulling dual trailers came over a rise on Interstate 75 and rear-ended a Nissan passenger car being driven by 51 year old Marie Richardson of Sunrise, Florida. As a result of the collision, the car was pushed off of the roadway where it overturned into a ditch. Three of the backseat passengers were ejected as the car rolled over. According to police, the driver of the tractor trailer said he did not see the car as he came over the rise. The truck driver was charged with following too closely. The victims were taken to The Medical Center of Central Georgia where one is listed in critical condition and the remaining four are in stable condition. Although it is not known why the Federal Express driver failed to see the passenger car he was approaching, it is entirely possible that speed and/or fatigue could have been contributing causes.

Georgia injury lawyers have long since known that driver fatigue may be the number one safety problem in the trucking industry today, and is a factor in nearly 40% of all crashes nationwide. Unfortunately, it is routine practice for many trucking companies to violate the hours of service and related FMCSR safety rules. In our investigation of tractor trailer truck accident cases involving serious injuries or even death we have found that some truck drivers keep “dual” log books. Greedy, profit-driven motives have made driver fatigue in the trucking industry a vast, largely unchecked problem resulting in the deaths of thousands of innocent men, women and children each year.

Tractor trailer accident victims often sustain very severe injuries and incur hundreds of thousands of dollars in medical bills, not to mention thousands in lost wages. In these cases, it important to retain legal counsel as soon as possible so that a very thorough investigation can be done to discover and document crucial evidence.

Continue reading "Georgia Tractor-Trailer Accident Injures Five" »

Five people were taken to the hospital after being injured in a Georgia trucking accident on Thursday, Macon.com reported.

The Georgia State Patrol reports that the Perry semi accident happened on I-75 shortly after 4:30 a.m. A 27-year-old trucker, who was driving a Federal Express double-trailer truck, was cited for following too closely. The truck crested a rise in the road and slammed into the back of a Nissan hatchback driven by a 51-year-old Florida woman.

The woman's 55-year-old husband was in the front passenger seat. The couple's two children, ages 20 and 22, were riding in the back with a 69-year-old aunt. All three were ejected as the car rolled into a ditch. The son remained in critical condition Thursday at the Medical Center of Central Georgia. The other family members were reported in stable condition, according to the patrol.

The truck driver was not injured and said he did not see the car as he came over the rise. The height of a semi is one of the many dangerous factors that frequently lead to Georgia tractor-trailer accidents. A truck's extreme weight -- typically more than 20 times the weight of a passenger car -- means motorists don't stand a chance in an accident.

The National Highway Traffic Safety Administration reports that 1 in 9 fatal accidents in the United States involved a large truck. In 2008, more than 380,000 large trucks were involved in traffic accidents that killed 4,229 people. More than 90,000 were seriously injured.

Georgia semi accidents killed 179 motorists that year. Only California (304), Florida (269) and Texas (421) reported more fatal accidents involving large trucks.

Continue reading "Georgia trucking accident seriously injures 5 members of Florida family on I-75" »

Truck accidents are very frequent in the Atlanta, Georgia area, as the highways see very large volumes of truck traffic. One question which we are often asked is “what is a large truck?”

The federal government defines large trucks as those which weigh more than 10,000 pounds and can be either single-unit vehicles or combination vehicles consisting of a single-unit truck or tractor pulling one or more trailers.

The federal commercial vehicle maximum weight standard on the interstate highway system is 80,000 pounds gross vehicle weight, unless a higher maximum weight existed on the state level before July 1, 1956.

Off the interstate highway system, states may set their own commercial vehicle weight standards. In most states, the maximum permitted length for a single trailer is 53 feet. Tractors pulling two 28-foot trailers are known as twins or western doubles.

Trucks that are even bigger than western doubles are allowed to travel on some roads. These trucks, called longer combination vehicles, either have three trailers or at least two, one of which is 29 feet or longer, or the tractor and two trailers have a combined weight exceeding 80,000 pounds.

Longer combination vehicles are prohibited in many states and are allowed only in states that permitted them prior to June 1, 1991.

Another question which we are often asked is whether large trucks have a higher accident rate.

According to the Insurance Institute For Highway Safety, on average, drivers of large trucks travel many more miles than passenger vehicle drivers, and a high proportion of those miles are on interstates, which are the safest roads.

In 2008, large trucks accounted for 4 percent of registered vehicles and 8 percent of miles traveled. Per unit of travel, large trucks are involved in more fatal crashes than passenger vehicles — 1.7 crashes per 100 million miles traveled in 2008 for large trucks, compared with compared with 1.4 for passenger vehicles. Large trucks have a much lower rate per mile traveled of crashes resulting in injuries or property damage only compared with passenger cars and light trucks.

Multiple-trailer trucks have more handling problems than single-trailer trucks. In general, the additional connection points contribute to greater instability, which can lead to jackknifing, overturning, and lane encroachments. But the relationship between multiple-trailer trucks and crash risk is not firmly established. A study in Washington state found that doubles (tractors pulling two trailers) were two to three times as likely as other rigs to be in crashes, but a study in Indiana found that doubles did not show increased crash risk except on roads with snow, ice, or slush. One mitigating factor may be that doubles often are operated by drivers with good safety records working for large companies with active safety programs.

The family of a California trucker continues to struggle nearly three years after a horrific 34-vehicle accident, the L.A. Times reported. Authorities blame the crash on a speeding trucker who was driving a tractor trailer with a faulty brake for a Georgia trucking company. The fatal 2007 crash killed 5 in a freeway tunnel near Santa Clarita, California.

This case illustrates the complex nature of personal injury and wrongful death litigation involving serious or fatal semi accidents. A Georgia trucking accident attorney experienced in handling cases involving multiple victims and out-of-state truck drivers and trucking companies should always be called to represent victims of semi accidents in Atlanta or elsewhere in Georgia.

In this case, the victim had scrimped and saved more than $30,000 to buy his own semi and support his family. Now, the family is trying to survive on $60 a day the wife earns as a housekeeper while their personal injury lawsuit is tied up in the California court system. Their attorney said victims in 34 vehicles and the State of California are now involved in the case and "there are so many lawyers in the courtroom it takes half an hour just to read all their names."

Atlanta semi accidents frequently involve out-of-state truckers and trucking companies as well as complex state and federal regulations. But, when multiple victims are involved, hiring an experienced and aggressive law firm becomes critical to fighting for the compensation you and your family deserve.

The Times reports that Saia Motor Freight Line, a Georgia trucking company, has not offered a settlement to the victim's family or the family of two others killed in the crash -- including a father and his 6-year-old son. Now the judge has imposed a stay that prohibits the case from moving forward. The company told the Times that other speeding drivers bear some of the responsibility in the crash, and also claimed that the tunnel was poorly designed.

As one party put it: "Delay is always on the side of the defense."

Continue reading "Georgia trucking company embroiled in injury lawsuit involving 34-vehicle semi accident" »

On June 1st of this year, a young child, age two, by the name of Zion Curney was tragically killed when a tractor-trailer truck crashed into 3 parked cars at an Auto Zone dealership located in northwest Atlanta. While the collision is still under investigation, from news reports, it appears that a private passenger vehicle traveling in the opposite direction from the tractor-trailer crossed the centerline of the road forcing the tractor-trailer to swerve to avoid a head-on collision. The tractor-trailer driver lost control and ended up crashing into the parked vehicle occupied by the child at the Auto Zone store. Not only was 2-year old Zion Curney killed, but according to news reports, his 14-year old cousin was seriously injured.

It is not known why the private passenger vehicle lost control and crossed the centerline. The operator of that vehicle, a Kelly Canty, was arrested and charged with failure to maintain her lane, reckless driving and first degree vehicular homicide. What also is not known is whether the tractor-trailer truck involved in this tragedy was speeding, which could have had an impact on whether the driver was able to properly control his vehicle after the near collision with the Canty vehicle. (While there is an indication that the tractor-trailer may have been struck by the Canty vehicle as it crossed the centerline, some of the photographs in the news media are ambiguous in this regard.) Although it is not entirely clear whether the tractor-trailer was struck by the Canty vehicle or whether the tractor-trailer was merely attempting to avoid the collision, either way, the speed of the tractor-trailer vehicle may have been a contributing factor, which is obviously one reason why the case remains under investigation.

Continue reading "Atlanta Truck Accident Kills Two-Year Old Child" »

The Georgia Court of Appeals issued an interesting opinion this week in a truck wreck case, PN Express v. Zegel.

Among other things, the Court of Appeals addressed the issue of expert testimony regarding the meaning of Federal Motor Carrier Safety Standards.

In many cases, defendant trucking companies have successfully argued that expert testimony regarding the meaning of federal regulations was not susceptible to expert testimony. The reasoning behind these rulings was twofold. The first rationale was that the court could charge the language of the regulation to the jury, and, as such, the regulation was self–explanatory. The second rationale was that the testimony went to the ultimate issue of liability and was beyond the scope of admissible expert testimony.

In Zegel, the Court of Appeals upheld the trial court which allowed such testimony. In that case, the plaintiffs’ expert witness testified that the federal regulations held that once a carrier has shared its DOT number with a driver or employee, the carrier was responsible and liable for the actions of the driver or employee.

The defendant argued that the testimony was inadmissible because it addressed the ultimate issue of liability.

In rejecting the defendant’s argument and upholding the trial court, the Court of Appeals ruled that testimony of an expert, even as to the ultimate issue, is admissible where the conclusion of the expert is one which jurors would not ordinarily be able to draw themselves.

The Court of Appeals went on to hold that the expert’s testimony related to his knowledge of federal trucking regulations which were unfamiliar to laymen.

This holding should resolve this issue concerning expert testimony regarding federal trucking regulations.

Georgia injury lawyers know that many victims of automobile accidents and trucking accidents would not have sustained serious injured if they had been wearing a seat belt at the time of the collision. Unfortunately many deaths have resulted from the failure to buckle up. Years ago Georgia passed legislation requiring seat belt use for occupants of automobiles and vans; however, pickup trucks were exempted. This week however Georgia's lawmakers passed a seat belt bill requiring even drivers of pickups to buckle up. For many years, such legislation was defeated by pressure brought to bear from legislators who represented rural constituents.

The Georgia injury lawyers at Finch McCranie, LLP have represented people seriously injured in automobile accidents for over 45 years. If you or a loved one has been injured, call us today for a free consultation.

It does not take a Georgia injury lawyer to appreciate the dangers of texting while driving. Each day in Atlanta and elsewhere, we see people glued to the screen on their phones, even during rush hours. Many serious automobile accidents, truck accidents and motorcycle accidents are caused by people texting or reading text messages. Tragically, many wrongful deaths result from such conduct. Fortunately the Georgia House of Representatives and the Georgia Senate have passed SB 360 by a 131 to 19 vote. The bill bans all texting and driving; and cell phone use altogether by young drivers. The Senate version of the bill, HB 23, which passed unanimously, would ban cell phone use by all drivers between the ages of 16 and 17 and those with a Class D license. Any offender in that category, causing an accident while texting or using a cell phone would be suspended for 90 days or until the person turns 18 for the first offense and they would be fined. There are some differences between the House version and the Senate version and these will have to be ironed out but it is a step in the right direction.

If you or a loved one has been seriously injured in an automobile accident as a result of someone texting or talking on a cell phone, call the Georgia injury lawyers at Finch McCranie, LLP to discuss your rights.

As a Georgia injury lawyer who owns an all terrain vehicle (ATV) I read about ATV accidents involving serious injury and sometimes death. Today the Gainesville Times reported that a Lula, Georgia man was airlifted to Grady Memorial Hospital yesterday with critical injuries. According to the article, the Georgia State Patrol said that 44 year old Joseph Turner was riding his ATV along the shoulder of Old Cornelia Highway about 9:15 p.m. when he turned his Honda ATV left into the path of a Chevrolet truck.

Although this case does not involve the negligence of a third party, many ATV accident injuries and deaths result from adults allowing minor children to operate ATV’s with passengers. Many of these adults turn children loose on ATV’s with no supervision and by so doing, expose themselves to liability for the serious injuries or wrongful death of the passengers.

The Georgia injury lawyers at Finch McCranie, LLP have been representing injury victims and families in wrongful death cases for over 45 years. If you or a loved one has been injured in a motor vehicle accident of any kind, call us at 1 (800) 228-9159 to learn and protect your rights.

The Georgia injury lawyers at Finch McCranie, LLP are always receiving articles via the internet, about Georgia automobile accidents, tractor trailer trucking accidents, bus accidents and motorcycle accidents. Today I read about a Georgia motorcycle crash that resulted in the death of a young man. The crash involved a retired GBI agent whose son is a current Gwinnett County police officer. What was interesting about the case was the investigation of it by the Gwinnett County police.

The Gwinnett County Post article revealed that on a November evening the motorcycle rider and his best friend finished up their dinner at a pizza restaurant and got on I-985 heading north. One friend was on his motorcycle and the other one was in his Mustang. Allegedly, the motorcycle was speeding. When the motorcycle rider got a mile or so north of Ga. Highway 20, the retired GBI agent, according to the article, merged over into the lane occupied by the motorcycle and the two collided. The motorcyclist was ejected and died of internal injuries at the scene.

What happened after that is nothing short of astonishing. The former GBI agent drove on and did not stop for almost five (5) miles when he alleged he became aware there had been a collision! Given the fact that there was apparent substantial damage to the car, including the vehicles back window smashed, one has to wonder why it took 5 miles for him to come to that realization. Notwithstanding those circumstances no sobriety tests were administered. The mother of the motorcyclist claims that at the scene, police denied that there was even another vehicle involved and she only became aware of the retired GBI agent’s involvement by a family friend who works Gwinnett’s fleet management. Gwinnett police say that the investigation was through and unbiased.

If nothing else, this case highlights why it is important for the victim of an automobile accident, tractor trailer trucking accident, bus accident or motorcycle accident to seek legal counsel immediately. The Georgia injury lawyers at Finch McCranie, LLP have been representing injury victims and families in wrongful death cases for over 45 years. Many of these cases involved suing local, state and federal law enforcement agencies. We currently have several pending cases wherein we represent the families of innocent motorist who have been killed as a result of police chases. If you or a loved one has been injured in a motor vehicle accident, call us at 1 (800) 228-9159 to learn and protect your rights.

The Georgia injury lawyers at Finch McCranie, LLP have seen many tragic automobile accidents and trucking accidents involving serious injury or death but some of the worst are the ones involving burn injury.

On Saturday, the Associated Press reported that an adult and two children died on Interstate 75 when their pickup truck, pulling a U-Haul trailer, struck a construction barrel and caught on fire. The victims were burned beyond recognition according to the article. There were no other details reported; however, as a Georgia injury lawyer, I wonder about the placement of the construction barrels. Were the barrels and baracades safely placed by the construction company or the Georgia Department of Transportation? Many times the cause of an accident is not readily apparent until a good investigation is completed. The Georgia injury lawyers at Finch McCranie, LLP have been representing victims of automobile and truck accident for over 45 years. In fact, we currently have several cases involving serious accidents that have occured on a strech of I-85, between Newnan, Georgia and Atlanta, Georgia. which has been under construction for years.

If you have been seriously injured in an automobile accident or trucking accident, call us for a free consultation at (800) 228-9159.

Late Saturday night, a Georgia motorcyclist, James Springer, was struck and killed by a hit-and-run driver. Fortunately the collision which caused his death was witnesses by an off-duty Georgia Highway patrolman. The Atlanta Journal-Constitution reported that the motorcyclist had run out of gas and was waiting for help in the merge area between I-20 westbound and the I-285 on-ramp. As he waited, a 19 year old from Long Beach, California Dexter Cathey, struck him as he merged onto I-20. When the driver failed to stop, Trooper Mark Campbell pursed him in his personal vehicle until Cathey finally gave up. He is now facing serious criminal charges.

Cathey will also face major civil litigation for causing the wrongful death of James Springer. In fact, based upon the evidence, one cannot imagine a case where a judgment for punitive damages would be more justified. The Georgia injury lawyers at Finch McCranie, LLP have been representing victims of automobile accidents, trucking accidents and motorcycle accidents for over 45 years. If you or a loved on has been seriously injured in a motor vehicle accident, call us to learn about your rights at 1 (800) 228-9159.

Georgia drivers using cellphones and other devices to send and receive text messages often cause automobile accidents, motorcycle accidents and truck accidents which result in serious injury and even death to innocent victims. Not a morning goes by in Atlanta that Georgia injury lawyers don’t see people on the expressway texting or scrolling through emails on their way to work. A recent article in U.S. News & World Report stated that an estimated 20 percent of drivers are sending or receiving text messages while behind the wheel, according to a Nationwide Insurance study. It also said that according to another poll, that number skyrockets to 66% amongst drivers 18-24 years of age. Currently only two states actually ban texting while driving, Washington and New Jersey; however, similar bills banning the practice are currently pending in several other states.

The Georgia Senate has just passed Senate Bill 360 to amend O.C.G.A. §40-6-241 which will ban texting while operating a motor vehicle. The new statute which goes into effect on July 1, 2010, provides as follows:

“A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle, provided that the proper use of a radio, or citizens band radio, or the proper use of a mobile telephone for purposes of engaging in spoken communication shall not be a violation of this Code section.”
“Any conviction for a violation of this Code section based on the use of a mobile telephone for writing, sending, or reading a text based message or other purpose unrelated to engaging in spoken communication shall be punished by a fine of not more than $150.00."

The Georgia injury lawyers at Finch McCranie, LLP know that many automobile accidents and truck accidents result in serious injury or even death when the driver or occupants are not wearing seatbelts. Up until now, Georgia has required only drivers and passengers of automobiles, vans and sports utility vehicles to wear seatbelts; however, this week, the Georgia Senate approved legislation requiring the occupants of pickup trucks to wear seatbelts. Although this issue has been debated for years, rural legislators opposed such legislation because their rural constituents did not think the use of seatbelts was necessary out in the country and because it was inconvenient to do so while tending to farm land. Proponents of the Bill argued that the majority of pickup truck related deaths involved occupants who were not belted. The new law does not apply to off-road vehicles or pickups used for farming purposes.

As a Georgia injury lawyer who owns an ATV, I am always reading articles about ATV accidents around the country. A Google search will revealed that an astounding number of deaths are related to the use of these recreational vehicles.

This month Business Week reported on two new studies. Both report a high rate of amputations, spinal injuries and death, especially amoung children who ride or operate all-terrain vehicles. The findings were presented this month at the annual meeting of the Academy of Orthopedic Surgeons, in New Orleans.

The first study involved the review of emergency-room records at a trauma center in California for all patients who had been involved in accidents of off-road vehicles from January 1, 2005 through the end of 2007. There were a total of 110 patients. The study found that people involved in in multi-rider ATV were 10 times as likely to require an amputation as those involving a single rider ATV. The second study found that almost 4500 children were injured in ATV accidents in 2006, with 7.4% sustaining a spinal injury. According to the study that figure represents a 140% increase in the overall number of children injured since 1997 and a 467% increase in spinal injuries.

These figures are consistent with the many articles about ATV accidents the Georgia injury lawyers have read about in the last couple of years. We have written before about the hazards of riding passengers on ATV's and the potential liability parents expose themselves to by allowing children to ride passengers.

If you or a loved one have been injuried as a result of an ATV accident, call the Georgia injury lawyers at Finch McCranie, LLP to discuss your rights. Our injury lawyers have been representing injury victims in automobile accidents, trucking accidents, and motorcycle accidents for 45 years.

This week Fox News reported on a hit-and-run tractor trailer accident accident that occurred on Wednesday morning at about 9;00 a.m. on Interstate 85 northbound near Newnan, Georgia. The victim, Joshua Chapman, age 25, was travelling in the lane between the concrete median wall and a tractor trailer truck. As he was driving northbound, the tractor trailer swerved over and ground its tires into the side of this car. As a result, his car struck the median wall and then crashed on the other side of the highway. Chapman was transported to the hospital with back injuries. Unfortunately, the tractor trailer kept going and has yet to be identified.

The Georgia injury lawyers at Finch McCranie, LLP have represented injury victims of automobile accidents and truck accidents for over 45 years. Many of these crashes were caused by hit-and-run drivers who were never able to be identified. In many of those cases, we presented the claims to our client's insurance company under the "uninsured motorist" coverage of the policy. There are certain requirements for making such a claim and you are well advised to seek legal counsel to make sure that you comply with all of the requirements. If you or a loved one have been injured in a motor vehicle collision caused by a hit-and-run driver, call the Georgia injury lawyers at Finch McCranie, LLP to learn about your rights.

Deadly bus crashes are becoming too common on the roadways of Georgia and across the United States. Our attorneys have successfully handled many of these cases, including the well-known Bluffton bus crash in Atlanta several years ago.

A recent deadly bus crash in Arizona has brought to light the illegal practice of bus companies operating without federal and state approval, thus allowing them to avoid strict safety guidelines.
The bus entered the United States from Mexico at El Paso, Texas on March 5, 2010. It was headed to Phoenix to change drivers when it hit a pickup truck, veered onto the left shoulder of the road and rolled on Interstate 10 on the Gila River Indian Reservation. The impact crushed the roof and knocked out the windows.

Six passengers were killed and more than a dozen passengers remained hospitalized over the weekend.

A federal judge has ordered the bus company involved in the Arizona crash that killed six people and injured more than a dozen others to cease interstate operations. The order was issued against the bus company Tierra Santa Inc. and its owner, Cayetano Martinez. Martinez had already signed a consent decree prohibiting him or any affiliated company from hauling passengers without U.S. Department of Transportation authority, which is required to take passengers from one state to another.

The Federal Motor Carrier Safety Administration had demanded that Tierra Santa stop operating the day of the crash and the judge's order makes the shutdown enforceable by the court.
A federal complaint is expected to be filed against the company which alleges that the motor carrier administration previously shut down Martinez, who then attempted to reestablish himself as a new carrier that unsuccessfully sought Department of Transportation operating authority.

Tierra Santa applied last April for operating authority to haul passengers across state lines. The Department of Transportation notified the company that it could not conduct interstate transportation during the review. When the agency sought more information for the application, the company never responded.

As is usually the case with truck accidents, bus accidents on Georgia roads and highways many times result in serious injury and sometimes death for passengers. The sheer size and weight of theses vehicles make them inherently more dangerous than lighter vehicles.

Just this week, the NY Daily News reported on a bus accident. They reported that the New York City Transit has been ordered by a jury to pay two women a total of $7.5 million in damages after finding that the bus ran a red light and careened into the women’s car seriously injuring both. Interestingly, the bus company could have settled the case prior to trial for $3 million dollars but chose to take their chances with the jury.

If you or a loved one have been seriously injured as a result of being involved in an automobile accident, a truck accident or a bus accident, call the Georgia injury lawyers at Finch McCranie, LLP to discuss your rights. We have been representing clients in personal injury and wrongful death cases for over 45 years.

Georgia injury lawyers know that an innocent guest passenger can sued a host driver for serious personal injuries caused by the negligence of the host driver. Likewise, the family of a deceased guest passenger can sue a host driver for the wrongful death of their loved one if the host driver was responsible for the death.

Just last week, a Georgia truck accident involving alcohol resulted in death for one passenger and serious injuries to five others in the truck. The truck accident occurred before 3 a.m. on Friday in the northbound lanes of Interstate 75 near Macon, Georgia. Investigators say that the truck involved, left the roadway and went over a guardrail before crashing. Shannon Hendricks, 29 years old was pronounced dead at the scene of the accident. According to an article in the Macon Telegraph, none of the victims were wearing seatbelts and investigators are still trying to determine which one of the individuals was operating the truck at the time of the deadly accident.

If you have been seriously injured in an automobile accident or truck accident, call the Georgia injury lawyers at Finch McCranie, LLP to discuss your rights. We have been representing clients in personal injury and wrongful death cases for over 45 years.

Today WSBTV reported on a tragic automobile accident that occurred on Interstate 285 near Bouldercrest Rd. A white van somehow lost a tire which bounced across the concrete median wall and struck a Hyundai Sonata automobile going westbound on the interstate. The impact of the tire caused the death of the driver of the Hyundai.

From the standpoint of a Georgia injury lawyer, this is a case that needs immediate and through investigation to determine why the tire came off of the van. From the photograph of the van on the internet, it appears like the van may be a commercial vehicle. Had the van recently been serviced? Had the tires recently been rotated? Was there a catastrophic mechanical defect? Is there a product liability case? In any event, this van needs to be immediately inspected by experts to determine what happened.

I remember years ago as a high school student when I was working in a friends garage. A woman drove her car into the shop complaining about a noise. As it turned out, she had recently had her tires rotated at another garage. Unfortunately, they had finger tightened the lug nuts on one tire but had failed to tighten them with an impact/air wrench. Over the course of the day, the lug nuts began to work themselves loose. Fortunately for her and others, she had some warning about what surely could have been a terrible accident.

The Georgia injury lawyers at Finch McCranie, LLP have been representing victims of automobile accidents, truck accidents and defective product cases for over 45 years. If you or a loved one have been injured as a result of the negligence of someone, call us to discuss your rights. It is always in your best interest to get your lawyer involved in the case immediately.

Georgia injury lawyers are well aware that use of cell phones and other hand held devices cause a significant number of automobile accidents and truck accidents. Just this morning I witnesses a near collision because a woman changing lanes was too glued to her cell phone to turn her head to make sure the lane was clear. Worse yet are “gotta stay connected type A types” who are constantly checking emails or texting while driving. The Georgia Legislature needs to get their act together and pass legislation to try to remedy the problem.

The Associated Press reported this week that the Florida Legislature is expected to consider several bills during its upcoming session that would ban drivers from using their cell phones or texting while driving. According to the article, the National Safety Council released a report in January that claimed 28 percent of all traffic collisions (1.6 million crashes a year) are caused by drivers using cell phones or texting.

The Georgia injury lawyers at Finch McCranie, LLP routinely subpoena phone records from cell phone companies when we have reason to believe that our client’s have been injured in automobile accidents or trucking accidents by drivers using cell phones or other hand held devices.

If you or a loved one have been injured as a result of being in a Georgia motor vehicle collision caused by a driver who was using one of these devices, call us to learn about your rights. We have been representing people in serious injury cases and wrongful death cases for over 45 years.

When Georgia injury lawyers hear about single car automobile accidents or single vehicle truck accidents, we always wonder whether the cause of the accident may have been related to a product defect, such as a defective tire or front end part. Today for instance, the White County News today reported that a Cleveland, Georgia resident, Marcus Carl Chambers, age 30, was killed early Friday morning when his pickup truck veered off Ga. 115 west of Cleveland. According to the article the 1999 GMC Sonoma truck was traveling westbound on Ga. 115 when it ran off the road and overturned, ejecting the driver. Chambers, who had not been wearing a seat belt, was pronounced dead at the scene. Police are reportedly continuing their investigation.

While the cause of this crash may have been something as simple as the driver falling asleep, it is always prudent to look for other causes when investigating automobile accidents and truck accidents. The Georgia injury lawyers at Finch McCranie, LLP have represented many families in wrongful death cases which involved defective products. If you or a loved one have been seriously injured in an accident involving a potential products liability case, call us for a free consultation.

This week the Transportation Department served Toyota with legal documents demanding that they produce certain documents related to the recent massive Toyota product recall in the United States. The government wants to know when and how Toyota learned of the safety defects in millions of its vehicles involving the entrapment of gas pedals by floor mats and "sticky" gas pedals. Toyota has 30 -60 days to respond to the government's request for the production of the documents.

Although Toyota has denied any electronic defect which would cause sudden engine acceleration, many believe that neither the floor mat issue or "sticky" gas pedals would cause a vehicle to accelerate to high speeds. Many Toyota owners have testified that the gas pedal did not stick but rather that there was a sudden, sustained and unexplained acceleration of the vehicle. It has been estimated that since 2000, there have been in excess of 30 automobile accidents resulting in death as a result of this problem.

If you or a loved one has been injured as a result of being involved in an automobile accident or truck accident involving a Toyota product, call one of the Georgia injury lawyers at Finch McCranie, LLP.

Compared with automobile accidents, motorcycle accidents or pedestrian accidents, trucking accidents can be significantly more complicated. One of the biggest mistakes a lawyer can make is treating a trucking case like a typical automobile accident case. First, the number of parties involved is generally more than two in case of truck accident. These parties involved in the case of a truck accident may include the drivers, the owners of the truck, the truck manufacturing company, the brake maker, etc.

Second, commercial vehicles are heavily regulated by both federal and state governments and determining fault in a truck accident requires the parties to not only be aware of all the applicable regulations, but the ability to effectively determine if any were not followed. A competent Georgia injury lawyer will be familiar with the regulations imposed by the Federal Motor Carrier Safety Administration. Many rules and states have differing statutes of limitations that only an expert attorney can deal with. It is very important to choose a lawyer who knows in and out of truck law.

According to the National Highway Traffic Safety Administration, one of the leading causes of truck accidents is driver fatigue, coupled with alcohol and/or drug use. However, how can you determine if the trucker was speeding or fatigued? An experienced attorney will know who to question, how evidence needs to be immediately preserved and gathered, and have access to experts who can piece together what happened and why.

If you or a loved one has been seriously injured as a result of being involved in a truck accident, call the Georgia injury lawyers at Finch McCranie, LLP. We have over 45 years experience representing people who have been seriously injured and families of those whose injuries have lead to the wrongful death of their loved ones.

As Georgia injury lawyers we see all types of automobile accidents and truck accidents but yesterday's collision in Palmetto, Georgia between a Ford Mustang and a Dodge four-wheel drive pickup truck came close to becoming a wrongful death case.

The collision between the two vehicles occurred on U.S. Highway 29 at about 7:15 a.m. According to Palmetto police, the driver of the Dodge truck, crossed over the centerline of the highway into the northbound lane and collided head-on with the Ford Mustang. Because the Dodge truck was jacked up so high, it literally rode over the Mustang and came to rest on top of it. Fortunately, neither driver had any life-threatening injuries.

The Georgia injury lawyers at Finch McCranie, LLP have been representing the victims of serious injury accidents for over 45 years. We have also represented families of victims involved in motor vehicle collisions which have resulted in the death of their loved ones. If you or a loved one has been injured as a result of the negligence of others, call us today to discuss your rights.

The Georgia injury lawyers at Finch McCranie, LLP commute into the City of Atlanta everyday. In doing so, it is astounding to see how many people are sending text messages on cell phones, Blackberries and other PDA’s while driving. Many of these drivers cause automobile accidents, truck accident, bus accidents and even motorcycle accidents which result in serious injuries and sometimes the wrongful death of innocent victims.

Texting while driving is a rising problem among teenagers and adults and is a leading cause of traffic accidents. When someone texts while driving, they are endangering their own lives as well as other drivers and pedestrians they may pass. Last week two members of the Georgia House of Representatives introduced Bills that would ban the practice of texting. If a Bill passes, Georgia would be the 20th state in the nation including North Carolina and Tennessee, to ban texting while driving. Just today I read that similar legislation is being proposed in South Carolina and it is expected to pass.

If you or a loved one has been injured in a motor vehicle accident as a result of the negligence of a driver who was texting or operating other communication devices, call the Georgia injury lawyers at Finch McCranie, LLP who have been representing injury victims for over 45 years.

Georgia injury lawyers that handle automobile accident and trucking accident cases know that a rear-end collision is no laughing matter. Although the term “whiplash” immediately evokes a negative reaction, it is a serious, painful and many times a permanent injury. Unfortunately, a rear-end crash can, and often does, result in disc herniation and other spinal injuries. In some cases such a collision can result in a brain injury if the head strikes a solid object such as a rear window in a pickup truck.

The experts will tell you that a rear-end crash can cause the occupants in the vehicle that is struck to propel their heads forward at a speed that is 10 times or greater than the force of gravity. Rear-end crashes can cause back injuries, neck injuries, shoulder injuries, whiplash, cervical spine injuries, disk injuries, nerve injuries, joint injuries, ligament injuries, and other serious injuries. Anyone who has had one of the injuries, knows that they are very painful and debilitating. A rear-end car crash victim may have to undergo surgery, take pain medication, and spend months in physical therapy.

If you or a loved one have been injured as a result of being rear-ended in a motor vehicle collision, call the Georgia injury lawyers at Finch McCranie, LLP who have been represent victims of these crashes for over 45 years.

Georgia injury lawyers know that when there is a motorcycle accident, the injuries are usually serious. Motorcycles are by their very nature far less crash worthy than closed vehicles and crashes frequently result in catastrophic injuries or death. In 2000, I spent two weeks in the trauma unit of the Orlando Regional Hospital (a fantastic hospital) where my daughter was a patient. Throughout the day and night, helicopters landed on the roof with critically injured motorist, most of which were involved in motorcycle crashes. Sadly, many died as a result of brain injuries and other serious injuries.

Recently, I went to the Georgia DOT website to locate some recent statistics on motorcycle crashes. For reasons unknown to me, the latest posted data was from 2003. According to their study:

. There were 2,851 total motorcycle crashes, 2123 involving injury crashes, and 101 fatal crashes.
. Motorcycle crashes accounted for 7% of traffic fatalities, but only about 1% of the crashes.
. Of all motorcycle riders in crashes, 56% had at least visible or more severe injuries compared to only 4% of passenger cars occupants involved in a crash.
. Males represented 87% of the injuries and fatalities in motorcycle crashes.
. Motorcycles made up 2% of all registered vehicles.
. Half of the motorcycle operators (50%) involved in fatal crashes did not have a valid Class M license or permit.
.
Because of the seriousness of the injuries sustained in motorcycle accidents and because many of the motorist who cause these accident are under-insured, Georgia injury lawyers need to be creative when representing riders. It is imperative that the victim’s attorney examine all potential avenues of recovery so that the client can be fully compensated. Other areas to review include failure of the motorcycle’s mechanical systems, failure of other motorcyclists to observe the motorcyclist, failure maintain the roadway and debris on the roadway from trucks, including tire tread separation.

If you or a loved one have been injured in an automobile accident, truck accident or motorcycle accident, consult the Georgia injury lawyers at Finch McCranie, LLP. Our firm has been representing personal injury victims for over 45 years.

An automobile accident in Dekalb County, Georgia has claimed the life of a young woman this week, Dekalb County police officials have reported that charges are pending against 17-year-old Shaeed Saunders stemming from the death of Tanesha Williams - age 14. Authorities have reported that on Wednesday, Saunders was attempting to pass another vehicle around a curb at a high rate of speed when he lost control of his vehicle, ran up on the sidewalk and struck Williams and 2 other students. The 2 students were injured but are expected to recover. The collision occurred near Stone Mountai High School where Saunders was a student.

The Georgia injury lawyers at Finch McCranie, LLP have represented the families of victims of automobile accidents, trucking accidents , motorcycle and and bicycle accidents and pedestrian accidents who have died as a result of the negligence of others for over 45 years. If you have lost a loved one as a result of the negligence or carelessness of someone, call us today for a free consultation.

Georgia injury lawyers close attention to dangerous product recalls. In a filing with the National Highway Traffic Safety Administration, Chrysler Group LLC announced the recall of 24,177 vehicles due to a potential defect in a brake system that could result in automobile accidents from sudden brake failure.

The recall includes 2010 model Chrysler Sebring, Dodge Avenger and Nitro, and Jeep Liberty, Commander and Grand Cherokee SUVs. The recall also applies to 2009-2010 model year Dodge Ram trucks.

According to Chrysler, the clip retention tab on the brake pedal pin on some of the vehicles was improperly formed, or not installed, during the manufacturing process. Although Chrysler is unaware of any automobile accidents related to the defective product, it could result in sudden brake failure.

The Georgia injury lawyers at Finch McCranie, LLP have been representing injured victims of dangerous products for over 45 years. Many of these cases involved serious injury and some involved the wrongful death of the client. If you or a loved one have been injured by a dangerous and defective product of any kind, contact us for a free consultation at (800) 228-9159.

Cell phone use and texting while driving are major problems on the Georgia roads and nationwide. Our Atlanta automobile injury lawyers see far too many cases in which drivers distracted by cell phone use are causing serious injury and death.

Even though the police are too seldom required to determine whether cellphone use was involved in an accident, the data about texting or phoning while driving is alarming. Harvard researchers estimated that drivers on cellphones cause about 2,600 fatal crashes a year and 570,000 accidents. Hands-free devices do not eliminate that risk. Other studies show that someone legally drunk could outperform a person texting behind the wheel.

While a large measure of the responsibility for these accidents lies with drivers, consumer groups are now questioning the role of the wireless phone industry in the problem, and why the industry has fought against restrictions on the use of these devices.

Last week an article in the New York Times alleged that the industry was intentionally blinded by massive profits to the dangers. The article pointed out how the industry has continually promoted the use of phones while driving. It specifically cited one ad showing a businessman on the phone and asking, “Can your secretary take dictation at 55 m.p.h.?”

In California, the mobile industry fought off bans on talking while driving for years, at one point arguing that they were looking out for consumers.

Congress has slowly begun to focus on this issue and proposals for bans are now circulating in both houses. None seem to be a priority, and it appears that individual states will have to address this growing danger. The lawyers at Finch McCranie LLP urge you to contact your elected representatives in an attempt to move this issue to the front of the legislative agenda. The problem will only continue to grow worse and innocent people will be seriously injured and killed simply because a driver is distracted by cell device.

A few months ago, a collision between a motorcycle and a car in Atlanta, Georgia left a client, the rider of the motorcycle, seriously injured and without three of his toes. The motorcycle accident occurred when an SUV, driven by an Atlanta physician, ran a red light on Marietta Street, striking the side of our client’s motorcycle. Fortunately, there were witnesses who came forward. Paramedics, who arrived on the scene transported him to a nearby trauma center where three of his toes and part of his foot was amputated. The motorcycle accident resulted in our client incurring thousands of dollars in medical bills, substantial lost wages and a permanent injury, which will affect his mobility for the rest of his life.

If you or a loved one has been injured or if your loved one has been killed in a Georgia motorcycle accident, contact the Georgia injury lawyers at Finch McCranie, LLP at 800-228-9159. We have over 40 years of experience in representing injured victims of automobile accidents, motorcycle accidents and truck accidents.

According to the 2008 NAFTA Safety Statistics, 4,341 people were killed, and an additional 81,200 people were injured in connection with truck crashes involving a commercial vehicle. Unfortunately, many of these accidents were the result of driver fatigue which is wholly preventable. Truck drivers are at a significant risk of fatigue due to long, monotonous hours spent behind the wheel. Fatigue negatively impacts overall driving performance, slows reaction times, decreases situational awareness and impairs judgment. A study by the Adelaide Centre for Sleep Research found that drivers who had been awake for 24 straight hours have an equivalent driving performance to a person who has a blood alcohol level of 0.10, which would exceed the legal level of intoxication in most states. Commercial truck drivers and motor carriers are under a duty pursuant to the Federal Motor Carrier Safety Regulations to maintain various records associated with their operation, such as driver’s logs. Not surprisingly, these logs are often incomplete, inaccurate and sometimes completely fabricated. When representing clients who are injured as a result of tractor-trailer accidents, it is important for the victims attorney to obtain all documents that can be used to verify and/or challenge the accuracy of these logs. Trucking litigation presents a unique set of issues and it is the attorney’s obligation to work to both preserve and discover information about violations of the Federal Motor Carrier Safety Regulations.

If you have been injured or lost a loved one as a result of a truck accident, contact the Georgia injury lawyers at Finch McCranie, LLP, who have been representing victims of these accidents for over 40 years.

The Georgia injuries lawyers at Finch McCranie, LLP have been representing victims of dangerous products for over 40 years. Some of those victims died as a result of injuries they sustained in automobile accidents from defective seat belt designs. Remember the cars with the separate shoulder strap that automatically came across as soon as the car was started. It was a novel, but dangerous design. Recently the Commercial Appeal reported that a 14-year old boy, who was left paralyzed below the waste from a 2002 automobile wreck, has been awarded $6.5 million by a Memphis jury. The boy, who was 6-years old at the time of the accident, was in the backseat of his grandfather’s 1995 Mercury retrained by an adult seatbelt. The shoulder strap was behind the boy because it did not fit. When his car was struck head-on by the second car, the boy was seriously injured. The accident resulted in the wrongful death of the boy’s father, grandfather and driver of the other car. Ford Motor Company was found to be 15% liable for the total $43.8 million judgment for an adult seatbelt that was defective and not suitable for a child.

If you have been injured in an automobile accident , tractor trailer accident or been seriously injured as a result of using a dangerous or defective product, contact the experienced Georgia injury attorneys at Finch McCranie, LLP. For a free evaluation of your case, call us at 1-800-228-9159.

Georgia injury lawyers are well aware of how often preventable truck accidents occur because trucking companies are negligent in either the hiring or retention of dangerous drivers. Recently, we took the deposition of the owner of a trucking company who testified that he had never run a motor vehicle report on one of his drivers because he had known him for such a long time, that it was "not necessary". Had he done so, he would have discovered that the driver had more than 20 traffic citations which included speeding and racing. Incredibly, the owner of the trucking business promoted the driver to a position in charge of safety. His duties include making sure that the company is in compliance with the regulations of the Federal Motor Carrier Safety Administration!

The Charlottesville Daily Progress recently reported on the trial of a wrongful death case involving negligent supervision of a truck driver. They reported that a Virginia jury has ordered the owners and driver of a tractor-trailer to pay more than $5 million to the family of a 16-year old girl who was killed in a 2008 trucking accident. Following a two-day trial, jurors found that Don Swisher Trucking Corp. and McCann Delivery Service were negligent for failing to supervise the driver and allowing him to drive a truck with defective parts.

If you or a loved on have been injured as a result of a trucking accident, call the Georgia injury lawyers at Finch McCranie, LLP who have been representing the victims of truck accidents in serious injury and wrongful death cases for over 40 years.

http://www.georgiainjurylawyers.net/Truck-Accidents.cfmWhen a truck accident or automobile accident causes serious personal injuries or wrongful death, you may have a tort or wrongful death claim that you can bring against the vehicle owner and driver. In some cases, you may have a claim you can bring against a negligent third party such as a tire manufacturer. As Georgia injury lawyers, we always investigate motor vehicle collision cases carefully to determine whether there is a negligent third party to sue. We recently read that on September 10, 2009, a jury in Willacy County, Texas, returned a verdict against Michelin and awarded $11,964,000.00 in damages. The care arose out of an incident when a Ford F-250 pickup suffered a partial left front tread belt detachment of a BF Goodrich All-terrain TA Tire. The tire had been built in Tuscaloosa, Alabama. The tread belt detachment caused the F-250 to travel into oncoming traffic causing a head-on collision with a Chervolet Suburban. All six (6) people in the Suburban were killed and a young passenger in the F-250 was left a paraplegic. Several manufacturing defects, which allowed moisture and other contaminants into the time components prior to manufacture, were alleged by the plaintiffs. It appears the moisture came from a leaky roof in the Tuscaloosa plant. Testimony revealed that moisture created a blister of trapped air or steam that caused a defect in the finished tire and caused the tread to separate. Evidence at trial also showed that misplaced or poorly spliced belts affected the real world performance of the tire and in this case caused the tread to separate.

If you are a victim of a truck accident or an automobile accident, you may be entitled to compensation for loss of wages, pain and suffering and medical bills. Contact Georgia injury lawyers Finch McCranie, LLP Toll Free 1-800-228-9159 to learn about your options for your truck accident or automobile accident injury recovery.

Georgia injury lawyers who represent victims of tractor trailer accidents have long since known that driver fatigue may be the number one safety problem in the trucking industry today, and is a factor in nearly 40% of all crashes nationwide. These crashes almost always lead to the serious injury or wrongful death of innocent people. On Monday, a Georgia trucker, 47-year-old Michael Stinson of Williamson, Georgia was killed in a fiery crash on a south Georgia interstate. The accident occurred on I-75 near Lake Park around 12:30 am. Although the Georgia State Patrol Specialized Crash Reconstruction Team is still investigating, it appears that Stinson’s truck slammed into the back of another tractor trailer, overturned and caught on fire. Other truckers speculate that Stinson could have dosed off.

The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry and places limits on the number of hours a truck driver can be in service. Based upon current regulations, a driver carrying property cannot drive more than 11 hours following 10 consecutive hours off-duty. A driver cannot operate a commercial vehicle for any period after having been on duty for 14 hours following ten consecutive hours off-duty.

The Georgia injury lawyers at Finch McCranie, LLP has been representing the victims of fatigued truck drivers for many years. If you have been injured or you have lost a loved one as a result of a trucking accident, call our experienced trial lawyers at (800) 228-9159 to discuss your rights.

Many truck drivers on the roads of Georgia and other states engage in dangerous activities many times a day. Hundreds of thousands of long-haul truckers use computers in their cabs to get directions and stay in close contact with dispatchers. While they are supposed to only use these devices while stationary, many truckers admit that almost nobody does.

The trucking industry supports use of the devices since they save time for the truckers and help loads arrive faster. The industry contends the devices can be used safely, posing less of a distraction than portable devices such as cell phones, and therefore should be exempted from legislation that would ban texting while driving.

There is currently pending in Congress a bill that would force states to ban texting while driving if they want to keep receiving federal highway money. The legislation will be discussed at a conference on distracted driving in Washington, starting tomorrow, organized by the Transportation Department.

The American Trucking Association has taken the position that while the industry does not condone texting while driving, the computers used by truckers require less concentration than phones. They contend that banning the use of such devices while driving will not improve safety.

Safety advocates and researchers say the computers present precisely the same risk as other devices, such as Blackberries and Iphones. And, they point out the risk may be even greater because of the size of 18-wheel tractor trailers and the longer time required for them to stop.
Some truckers say they feel pressure to use their computers even while driving in order to meet tight delivery schedules.

After videotaping truckers behind the wheel, the Virginia Tech Transportation Institute found that those who used on-board computers faced a 10 times greater risk of crashing, nearly crashing or wandering from their lane than truckers who did not use those devices.

The study found that truckers using on-board computers take their eyes off the road for an average of four seconds, enough time at highway speeds to cover roughly the length of a football field.

A Georgia man has been awarded almost $1.4 million for injuries he sustained in a tractor-trailer accident last year. The jury agreed with the injured victim that the truck driver suddenly and without warning pulled into his path. The victim’s injuries included a fractured femur, broken pelvis, broken ribs, a lacerated liver and a fractured elbow. The jury was out for approximately 2 hours before returning their verdict which included a $75,000.00 award for the man’s wife on her loss of consortium claim. If you or a loved one has been injured in a tractor trailer truck accident or a commercial bus accident, call the experienced Georgia injury lawyers at Finch McCranie, LLP for a free consultation.

The Augusta Chronicle reported today that two Augusta, Georgia men died from injuries they sustained when their Dodge pick-up truck rolled several times after hitting the median on Gordon Highway. According to the Richmond County Coroner, the truck accident occurred when the driver of the truck overcorrected when changing lanes resulting in his loss of control. This is the second case in Augusta in the last several days where the negligence of a host driver has resulted in the wrongful death of a guest passenger.

The Georgia injury lawyers at Finch McCranie, LLP have over forty years experience handling wrongful death cases. If your loved one has died in an automobile accident or a truck accident, call us at (800) 228-9159 for a free consultation.

The Georgia injury lawyers at Finch McCranie, LLP have handled many tractor trailer truck accidents and bus accidents, many of which were caused by defective equipment, including tires and brakes. Although there are plenty of federal regulations designed to force owners and operators of such vehicles to maintain safe vehicles, the regulations are often ignored. The Associated Press obtained a recent study by the Government Accountability Office (GAO) that found that hundreds of tractor-trailer and bus companies which had been order to shut down because of federal safety violations ranging from suspended licenses to possible drug use have stayed on the road by using different names. The GAO report found that a number of the commercial bus companies that had been fined and ordered out of service in 2007 and 2008 by federal regulators evaded compliance by setting up business under a new name. Unfortunately, the investigation found offenders in at lease nine (9) states, including Georgia. Accordingly to the GAO’s investigation, violators owe tens of thousands of dollars in past due fines and had many violations. Another 1,073 commercial trucking firms are also believed to have evaded compliance by reorganizing the company under a new name, often using the same address, owner’s name, employees and contact numbers. According to the report, the Federal Motor Carrier Safety Administration says that it has put in place new oversight measures, including a computer matching process to compare new applicants to various motor carriers dating back to 2003. The study by the GAO came about a year after an unlicensed charter bus carrying a Vietnamese-American Catholic group blew a retreaded tire installed on a steering axle and skidded off a Texas highway resulting in the death of 17 people. The use of recapped tires on the steering wheels is a violation of federal regulations. Tractor-trailer and bus companies that operate in violation of federal safety laws pose a significant threat to the motoring public. It is believed that at least 300 wrongful deaths occurred last year from bus crashes alone.

If you or a loved one has been injured in a tractor trailer truck accident or a commercial bus accident, call the experienced Georgia injury lawyers at Finch McCranie, LLP for a free consultation.

Georgia has thousands of unsafe and dangerous trucks and tractor trailers operating on its highways and roads. A new study has revealed the extent of dangerous and unsafe truck companies operating in Georgia and the United States. As nearly 30 million Americans travel U.S. roads during the Labor Day holiday, a new analysis of government data reveals that more than 28,000 motor carrier companies, representing more than 200,000 trucks, are currently operating in violation of federal safety laws.

In an original analysis of data not previously available to the public, The American Association for Justice found motorists are sharing roads with trucks that have incurred thousands of safety violations – such as defective brakes, bad tires, loads that dangerously exceeded weight limits and drivers with little or no training or drug and alcohol dependencies.

AAJ obtained data on the safety performance of U.S. trucking companies through the Motor Carrier Management Information System (MCMIS), which is maintained by the Federal Motor Carrier Safety Administration (FMCSA). Over a million lines of data were analyzed in an effort to pinpoint just how many unsafe trucks might be on the road.

West Virginia, North Dakota, Nebraska, Vermont and Iowa had the highest rate of companies in violation of federal safety requirements. The effects of these violations are deadly. While truck accidents occur for a variety of reasons, many are preventable, and often a direct result of trucking companies violating safety standards to cut corners and maximize profits.

The attorneys at Finch MCCranie LLP are involved on a daily basis with cases in which dangerous trucks and unsafe practices by trucking companies have caused death and serious injury. Most of these involve multiple violations of state and federal motor safety regulations.

For a full copy of the AAJ report please visit the AAJ at:

http://www.justice.org/resources/Truck_Report_Final_082109.pdf

An Alabama jury recently awarded $3.5 million to the family of a man killed when the van he was driving was crushed between 2 logging trucks according to the Montgomery Advertiser. The truck accident occurred when one of the logging trucks rear-ended the victim’s van forcing it into the logs on the truck in front of him. As a result, the logs came through the windshield and killed the victim. In this wrongful death case, the jury found that the tractor trailer truck that rear-ended the victim had defective brakes and was speeding.

This case reminds me of a similar tractor-trailer truck accident case. The Georgia injury attorneys at Finch McCranie, LLP recently settled a wrongful death case of a woman who ran into the back of an improperly lighted logging truck. The light was placed in such a way that it was impossible for it to be seen when the truck was turning making a turn after dark. As a result, the victim struck the logs which came through the windshield. To make matters worse, the driver left the scene.

If you have been in an accident or have lost a loved one in an truck accident, it is important to make sure that you understand your legal rights. You may be able to recover money for medical bills, lost wages, funeral costs, as well as compensation for wrongful death or permanent disability. Contact the experienced Georgia injury attorneys at Finch McCranie, LLP for a free evaluation of your case at 1-800-228-9159.

Georgia injury lawyers handling tractor trailer accident cases involving serious injury or wrongful death cases are well aware of the dangerous trucks on Georgia highways. Recently, the Associated Press obtained a study by the Government Accountability Office (GAO) that found that hundreds of tractor-trailer and bus companies which had been order to shut down because of federal safety violations ranging from suspended licenses to possible drug use have stayed on the road by using different names. The GAO report found that a number of the commercial bus companies that had been fined and ordered out of service in 2007 and 2008 by federal regulators evaded compliance by setting up business under new names. Unfortunately, the investigation found offenders in at least nine (9) states, including Georgia. Accordingly to the GAO’s investigation, violators owed tens of thousands of dollars in past due fines and had many violations. Another 1,073 commercial trucking firms are also believed to have evaded compliance by reorganizing the company under a new name, often using the same address, owner’s name, employees and contact numbers. According to the report, the Federal Motor Carrier Safety Administration says that it has put in place new oversight measures, including a computer matching process to compare new applicants to various motor carriers dating back to 2003. The study by the GAO came about a year after an unlicensed charter bus, carrying a Vietnamese-American Catholic group, blew a retreaded tire installed on a steering axle. As a result, the bus skidded off a Texas highway resulting in the death of 17 people. The use of recapped tires on the steering wheels is a violation of one of many federal regulations. Tractor-trailer and bus companies that operate in violation of federal safety laws pose a significant threat to the motoring public. It is believed that at least 300 fatalities occurred last year from bus crashes alone.

If you or a loved one have been seriously injured or lost a loved one as a result of a truck accident, call the Georgia injury lawyers at Finch McCranie, LLP at 1 (800) 228-9159. We have over 40 years experience pursuing wrongful death lawsuits.

This week the City of Atlanta is hosting the National Biker Roundup for motorcycle enthusiasts. Unfortunately, on the second day of the event, one motorcyclist has been killed and five others injured. One remains in critical condition. The motorcycle accident occurred on August 5th involving 2 SUV’s, 2 18-wheelers and the 3 motorcycles. All total nine people were injured in this tragic collision. Whether there is a wrongful death case due to the negligence of one of the truckers or others is presently unknown. The news accounts are sketchy but all too often, when motorcycle riders are killed, wrongful death claims are oftentimes present. Approximately 40,000 motorcycle riders are expected to attend the week long event here in Atlanta which began on August 4th and concludes on August 9th. Because the City of Atlanta has terrible traffic and many 18-wheelers on the highways coming into and out of Atlanta, safety is paramount for all motorcycle riders and other motorists on the road. Regrettably, the Georgia injury lawyers at Finch McCranie, LLP have handled many motorcycle accidents over the years involving wrongful death and serious injuries. We can only hope that there will be no further tragedies during this otherwise fantastic event for motorcycle enthusiasts. Be careful if you are out there. Have fun – but be safe!

Georgia injury lawyers often see automobile accidents involving tractor trailer trucks but it is more unusual to see collisions between semi trucks. Nonetheless, a DeKalb County, Georgia jury has awarded $2 million to a Georgia truck driver to compensate him for medical bills after his tractor-trailer was rear-ended on Interstate 285 by another 18-wheeler. The accident occurred in February of 2004. As the man was driving his 1995 International tractor-trailer on I-285 near the Covington Highway exit, he was rear-ended by a second tractor trailer truck, according to court documents. The man suffered injuries to his left eye, neck and lower back and later underwent back surgery because of a herniated disk. The driver of the other truck claimed that he was cut off by another driver.

If you have been in a Georgia automobile accident or truck accident, its important to make sure you understand your legal rights. You may be able to recover money for medical bills, lost wages, funeral costs, as well as compensation for wrongful death or permanent disability. Contact the experienced Georgia injury lawyers at Finch McCranie, LLP for a free evaluation of your case at 1-800-225-9159.

As a Georgia injury lawyer who drives into Atlanta every morning, I see numerous people everyday on the highway who are either talking away on a cell phone or, worse yet, texting on some handheld device. Many of the ones on a cellphone can barely turn their head enough to make sure that there is nothing in the lane next to them before changing lanes. I have personally witnessed many “near-misses” from people who are hunting for keys on a texting device rather than looking where they are going. Unfortunately some of these people are tractor trailer and commercial truck drivers. Although it is not yet against the law to drive with these devices, it is negligent to do so and if you cause an automobile accident or a tractor trailer truck accident while using such a device, you may pay for it. Your cellphone records can be subpoenaed from your carrier to determine when you were utilizing the device and to whom you were communicating. Many automobile accidents leave victims with serious, life-altering injuries, including brain injuries. Sadly many negligent drivers who are pre-occupied with cellphone conversations and texting cause the wrongful death of innocent victims.

The New York Times published an article last week about this issue. They reported that in 2003 researchers at a federal agency proposed a long-term study of 10,000 drivers to assess the safety risk posed by cellphone use behind the wheel. Unfortunately the study or data from the study was never made public because the researcher’s agency, the National Highway Traffic Safety Administration apparently didn’t want to anger Congress.

If you or a loved one have been injured as a result of an automobile accident or tractor trailer truck accident, call the Georgia injury lawyers of Finch McCranie, LLP at (800) 228-9159. We have been standing up for the rights of injured people for over forty years.

The first scientific study of car and truck crashes which occur while drivers are texting has revealed surprisingly data that indicates the risks far exceed previous estimates. Furthermore the risk posed by texting drivers far surpasses the dangers of other driving distractions.

The new study, conducted by the Virginia Tech Transportation Institute, involved outfitting the cabs of long-haul trucks with video cameras over 18 months. It found that when the drivers texted, their collision risk was 23 times greater than when not texting.

In the moments before a crash or near crash, drivers typically spent nearly five seconds looking at their devices. That is enough time at typical highway speeds to cover more than the length of a football field.

Even though trucks take longer to stop and are less maneuverable than cars, the findings generally applied to all drivers, who tend to exhibit the same behaviors as the more than 100 truckers studied, the researchers said. Truckers, they said, do not appear to text more or less than typical car drivers, but they said the study did not compare use patterns that way.

The trucks were equipped with video cameras and tracked for three million miles as they hauled goods across the country. Even as frightening as the results is the fact that the truck drivers knew they were being recorded and continued to text while driving.

Tom Dingus, director of the Virginia Tech institute, said the study’s message was clear. Texting should never be done while driving.

Thirty-six states do not ban texting while driving;

A Georgia truck accident has resulted in the death of four people. The truck accident occured on Saturday when the truck going the wrong way on Interstate 95 collided head on with a minivan travelling from New York to Florida. According to the Georgia State Patrol, the truck was headed north in the center southbound lane. The truck driver was killed as were three of the six occupants of the minivan. Fortunately three children in the minivan survived the crash.
Authorities believe that alcohol was involved given the fact that the truck was going the wrong way on the interstate and was found to contained bottles of alcohol.

If you have been in a Georgia automobile accident or truck accident, it is important to make sure you know your legal rights. Contact the experienced Georgia injury lawyers at Finch McCranie.LLP for a free consultation at (800) 228-9159.

Tractor trailer accidents on Georgia highways can result in serious injury or death to innocent motorists. Yesterday, a North Carolina truck driver slammed his vehicle into the back of a pickup truck on GA-2. The tractor trailer pushed the pickup truck across the centerline into the path of another pickup truck according to the Georgia State Patrol. Two women were injured and taken to a local hospital. The driver of the tractor trailer was charged with following too closely, driving too fast for conditions and driving without a drivers license on his person. This collision could have very easily resulted in the wrongful death of the two injured women as well as other innocent victims.

If you or your loved ones have been injured in a tractor trailer truck accident, call the Georgia injury lawyers at Finch McCranie, LLP who have represented injury victims for over forty years.

Georgia truck accident lawyers know that many times a tractor-trailer truck accident occurs as a result of defective equipment, including truck tires. Just this week, the executrix of the estate of a Tennessee man killed in a tractor-trailer accident filed a $10 million wrongful death suit against the employer of the man driving the a truck involved in the accident. It was reported that the victim was driving a southbound on Interstate 75 when a northbound tractor-trailer blew out a tire and collied with the center median wall. The collision sent the trailer flying over the median where the victim struck it head-on and was killed. The lawsuit alleges that the driver and his employer, the owner of the truck, had been negligent for not maintaining the truck and trailer, specifically inspecting and replacing the tires on the vehicle, including the tire that failed and caused the crash.

Federal Motor Carrier Safety Regulations provide that no commercial vehicle may be operated on any tire that (1) has body ply or belt material exposed through the tread or sidewall, (2) has any tread or sidewall separation, (3) is flat or has an audible leak, or (4) has a cut to the extent that the ply or belt material is exposed. Any tire on the front wheels of a bus, truck or truck tractor must have a tread groove pattern depth of at least 4/32nd of an inch at any point in a major tread groove. All other tires must have a tread groove pattern depth of at least 2/32nd of an inch when measured in a major tread groove. Motor vehicles cannot be operated with loads that exceed a weight greater than the tire’s capacity.

If you have been in a Georgia truck accident, it is important to make sure that you understand your legal rights. You may be able to recover money for medical bills, lost wages, funeral costs, as well as compensation for wrongful death or permanent disability. Contact the experienced Georgia truck accident attorneys at Finch McCranie, LLP for a free evaluation of your case at 1-800-228-9159.

Georgia injury lawyers have long since known that driver fatigue may be the number one safety problem in the trucking industry today, and is a factor in nearly 40% of all crashes nationwide. Unfortunately, it is routine practice for many trucking companies to violate the hours of service and related FMCSR safety rules. In our investigation of tractor trailer truck accident cases involving serious injuries or even death that some truck drivers keep “dual” log books. Greedy, profit-driven motives have made driver fatigue in the trucking industry a vast, largely unchecked problem resulting in the deaths of thousands of innocent men, women and children each year.

Tractor trailer accident victims often sustain very severe injuries and incur hundreds of thousands of dollars in medical bills, not to mention thousands in lost wages. In these cases, it important to retain legal counsel as soon as possible so that a very thorough investigation can be done to discover and document crucial evidence.

If you or a loved one has been injured in a accident or wreck involving a truck, call one of the experienced truck accident lawyers at Finch McCranie, LLP.

As a Georgia injury lawyer for over 20 years, I have represented the dependants of many workers who have died as a result of on-the-job accidents. These Georgia workers compensation claims for death benefits arise from every imaginable type of industrial accident. As an example, I read that a Macon, Georgia man died in a gravel truck accident that occurred on Monday afternoon in Dodge County. The man was reportedly unloading gravel for road construction on Georgia Highway 117. According to Georgia State Patrol, the dump truck trailer was parked on a slope and apparently fell over on him. There were apparently no witnesses to the accident; however, a customer at a nearby store noticed the overturned truck which led to the discovery of the worker’s body. If the deceased worker had dependants they may be entitled to benefits which are available under the Georgia Workers Compensation Act.

Since 1966, the Georgia Injury Lawyers at Finch McCranie, LLP have tried and won countless worker’s compensation claims for Georgia victims of on-the-job injuries. We always offer free, no obligation consultations. To speak to a Georgia worker’s compensation lawyer at Finch McCranie, LLP, call us today at 1-800-228-9159.

A truck accident near Albany, Georgia has resulted in the wrongful death of a 17 year old Wisconsin teenager. His 16 year old sister was seriously injured and remains in critical condition in an Albany hospital. The boy died after his family's SUV was struck by a truck northeast of Albany, Georgia on Saturday afternoon. The family was returning to Wisconsin from a vacation. It is reported that the driver of the truck died in the crash.

The Georgia injury lawyers at Finch McCranie, LLP have been representing the survivors of automobile accidents and trucking accidents for over 40 years. If you have a loved one who has lost his or her life as a result of the negligence of another driver, consult the experienced injury lawyers at Finch McCranie, LLP.

Georgia injury lawyers know that many times automobile accidents and tractor trailer truck accidents result from defects in either the design of a roadway or the existing dangerous condition of a roadway. This is particularly true if the roadway is under construction. Last week in Georgia, it was reported that a woman driving southbound on Interstate I-85 near Newnan, Georgia got a wheel off the edge of the pavement resulting in her losing control of her vehicle, crossing the highway median and hitting a tractor-trailer rig head-on. Sadly, the accident resulted in the woman’s death. Depending on the facts, the Georgia Dept of Transportation can be held liable for highway defects which cause injury of death.

The LA Times recently reported that a jury has ruled that the California Department of Transportation was partially negligent in a crash that killed two teenagers. According to the lawsuit, the agency knew that the rolling mountain road was unsafe prior to the accident. The jury agreed and awarded $6.3 million in damages to the families of those killed and a survivor injured in the accident.

The Georgia Injury Lawyers at Finch McCranie, LLP have over 40 years of experience pursuing wrongful death lawsuits, some of which have involved highway and road defects. If you have lost a loved one and feel you have a wrongful death claim, call our experienced attorneys at 1-800-228-9159 for a free consultation.

A 70-year old north Georgia man burned to death Saturday after his tractor-trailer left the roadway and caught on fire. Rescue workers attempted to pull the man from the burning truck but were unable to do so in time to save him. Authorities did not know why the truck ran off of Interstate 85 and did not know whether the driver fell asleep .

Many tractor-trailer accidents are caused by a driver’s inattentiveness or fatigue resulting from the operation of a tractor-trailer for an excessive amount of time. Federal regulations prohibit a trucking company from allowing a driver to operate a tractor-trailer while the driver’s ability or alertness is impaired by fatigue, illness, or any other cause which would make it unsafe for the driver to operate the vehicle. These regulations also prescribe a maximum number of hours that a driver can be on duty during any day or week and require a driver to maintain a daily log of his work status. Georgia lawyers who handle serious personal injury and wrongful death cases against tractor-trailer companies know that a complete investigation of such a case involves the careful scrutiny of these log books.

If you or a loved one have been involved in an automobile accident or a tractor-trailer accident, consult the Georgia injury lawyers at Finch McCranie, LLP who have been handling serious injury and wrongful deaths for over 40 years.

Georgia citizens continue to suffer serious injuries and death in ever increasing numbers on a stretch of Interstate 85 near Newnan, Georgia. Most of these accidents involve tractor-trailers. According to authorities today, one person was killed and another person seriously injured on Monday afternoon in an accident on the northbound side of Interstate 85. Shortly after the initial fatal accident, a second major accident with injuries occurred when a northbound tractor-trailer rear-ended another that had stopped for the first wreck. Many of these accidents have occurred as a result of dangerous conditions existing upon the roadway which has been under construction for at least the last two years. The Georgia injury lawyers at Finch McCranie, LLP currently represent the family of an individual in a wrongful death case that resulted from vehicles hydroplaning on that stretch of road. The three most common reasons for hydroplaning are speed, condition of tires and excessive water on the roadway.

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 Atlanta lawyers recently completed a case involving a tire failure on a truck.. This past Tuesday, in a case being watched nationwide by product-liability attorneys, the 10th U.S. Circuit Court of Appeals upheld a lower court a ruling that allows a wide-ranging review of Cooper Rubber & Tire Co. records.

The case in which the ruling was issued, involves Cooper made the tires on a Chrysler 15-passenger van, which rolled several times after the left rear tire blew as Utah State University students were headed back to campus from a field trip in northern Utah's Box Elder County. Eight students and an instructor died in the Sept. 26, 2005, crash, and two students survived with severe injuries.

The survivors and the families of all but the instructor and another student are plaintiffs in the federal lawsuit, filed a year after the accident. The families settled their claims last year against DaimlerChrysler Corp., the maker of the van.

The lawsuit alleges that Cooper Tire knew the design and manufacture of its tires were faulty and did not fix the problems. The plaintiffs’ attorneys wanted to see documents pertaining to the design and manufacture of similar Cooper Tires.

A United States Magistrate Judge initially ordered that Cooper Tire afford wide access to company documents requested by lawyers for the victims of the crash and their families. His ruling was later affirmed by the United States District Court. Cooper Tire then appealed the order and argued at a hearing last year before the Denver-based 10th Circuit that it would require the company to divulge trade secrets and other proprietary information.

The appeals court rejected Cooper’s argument that the order was too broad. The lawsuit, brought in U.S. District Court in Utah a year after the accident, had been stalled for 15 months while the 10th Circuit Court of Appeals considered Cooper Tire's appeal.

When the Georgia injury lawyers at Finch McCranie, LLP represent an injured employee in a workers compensation case we always look to see if there is a liable third party that can be sued. Under Georgia law, workers compensation benefits are limited and rarely, if ever, fully compensate an injured worker for all of the injuries and damages sustained.

Recently I read about a Chicago area wrongful death case involving a BMW car salesman who was killed in an automobile accident while accompanying a 20 year old potential car buyer on a test drive of a BMW automobile. According to court testimony, the driver was driving at 95 miles per hour when he crashed the car, killing the car salesman. The family of the salesman sued and a Chicago jury returned a verdict of 13.7 million dollars in their favor.

Other potential third party cases might involve defective or dangerous products that a worker might be using that cause serious injury or death. If you or a loved one has been serious injured in an on-the-job injury you should consult with the workers compensation lawyers at Finch McCranie, LLP to protect your rights.

Liability insurance limits for your typical tractor-trailer company, as mandated by federal law, is $750,000.00 in coverage for the protection of innocent members of the motoring public who might be unfortunate enough to be injured by a large tractor-trailer rig. In any serious collision in which the innocent third party victim is hit by a tractor-trailer, it does not take much imagination to realize that $750,000.00 will not go very far, particularly with the increasing cost of healthcare. If someone has numerous orthopaedic injuries and requires surgery, for example, $750,000.00 might not go far enough, particularly if the innocent victim has to lose time from work and/or is permanently disabled.

The current required liability limits for commercial motor carriers was enacted by way of the Motor Carrier Act of 1980. These limits have not been increased therefore for almost thirty (30) years. Such limits need to be doubled, if not tripled, at a minimum, in order to protect the innocent members of the motoring public. The chief reason for this is because of the devastating damage usually done by a big tractor-trailer rig when it is involved in a collision. The injuries, damages, lost wages, permanent disfigurement and wrongful deaths one sees in the context of tractor-trailer accidents certainly would seem to militate in favor of increased liability limits.

Now that we have a new Congress and a new President, one can only hope that a law that was enacted in 1980 is amended so that innocent members of the motoring public may receive the protection they need if involved in a collision with a commercial motor carrier. While the increase in premiums might result in increased costs for the trucking business, they have avoided these costs for the past thirty (30) years and it is now time that the liability limits for commercial motor carriers be increased.

Our Atlanta truck accident lawyers see many instances in which trucking companies simply ignore or pay little attention to safety rules and regulations designed to protect the motoring public. During the past 15 years, the three-strikes-you're-out rule has become a key aspect of the U.S. criminal justice system. The policy generally holds that repeat offenders are given mandatory life sentences when convicted of committing particularly egregious crimes like kidnapping and aggravated assault.

This concept has been adapted and adopted by other government units and applied to all sorts of regulatory requirements and enforcement actions, including by the Federal Motor Carrier Safety Administration.

Now, the FMCSA has thrown out its three-strikes policy for assessing maximum fines for motor carriers found to have committed a pattern of violations of "critical or acute" safety rules and gone to a two strikes rule. This basically tells trucking companies and drivers that on the second strike a large fine will follow. The change went into effect April 1.

The Motor Carrier Safety Improvement Act of 1999, which created the FMCSA, mandated the agency assess maximum civil penalties on anyone who committed a "pattern of violations" of important safety regulations, or to have "previously committed the same or a related violation" of critical regulations.

Five years later, the agency clarified its enforcement policy by adopting a three-strikes rule that defined both the "pattern of violations," and "previously committed the same or related violation," as three cases of violations occurring within the previous six years.

Within a year or two of adopting that policy, the agency began coming under fire from members of Congress and others who contended its enforcement efforts were too weak. Congress ordered the Government Accountability Office to examine the agency's enforcement practices.

In 2007, the GAO issued a report that said the FMCSA three-strikes policy had failed to assess maximum penalties against serious safety-rules violators and hadn't achieved the 1999 law's intent that maximum penalties be imposed when there had been two distinct patterns of violations or repeat violations.

Now, with a new administration in charge, the agency has revised its policy and issued a two-strikes rule. When the agency discovers two or more critical and/or acute violations in each of three or more different regulatory parts it can assess maximum fines.

A rogue carrier will be subject to the maximum fines when the pattern of critical or acute violations is discovered after the operator has had "previous contact" with the FMCSA, a state motor carrier safety enforcement agency, or other FMCSA-designated representative acting on behalf of FMCSA.

This new policy should lead to stricter enforcement of safety regulations, encourage lax companies to adopt better safety standards, and hopefully reduce the rate of injuries and deaths caused by unsafe trucks and unsafe driving practices.

As Georgia injury lawyers at Finch McCranie, LLP representing victims of trucking accidents, automobile accidents, and workers compensation accidents we often see our clients who cannot work because of serious injuries, fall behind in paying their bills. When that happens they often start getting calls from collection agencies and even lawyers attempting to collect. Sometimes these collections people cross the line and violate the law.

This week I read an article about a man with a disabling brain injury and no money who told a debt collection lawyers that the time for seeking payment had expired and that the suit that had previously been filed to collect the debt had been dismissed. Notwithstanding that conversation, the law firm sued him anyway, trying to collect a credit card debt on behalf of the creditor. He hired a lawyer, got the collections suit dismissed and then sued the collections law firm for violating debt collections laws. A jury awarded him $311,000.00!

The Fair Debt Collection Practices Act, often referred to as the "FDCPA", was passed by Congress in 1977 in response to abusive conduct by collection agencies, and concern that the abuses were causing an increase in the filings of personal bankruptcies. The purpose of the Act is to provide guidelines for collection agencies which are seeking to collect legitimate debts, while providing protections and remedies for debtors. The FDCPA applies to personal, family, and household debts, including debts associated with the purchase of a car, for medical care, for retail financing, for first and second mortgages, and for money owed on credit card accounts. Please note that most states have similar laws, which typically proscribe the same types of misconduct by debt collectors and which may cover a broader range of debts than the federal law.

The Act regulates the conduct of debt collectors: any person who regularly collects debts owed to others. This definition includes lawyers who perform debt collection services on a regular basis. Even where money is legitimately owed, a debt collector's conduct is restricted by this law. In-house collection agents are not ordinarily covered by the Act. For example, if you have a store credit card, and the store's own collection department contacts you, the FDCPA does not apply. However if the same store uses an outside collection agency to contact you in relation to that same debt, the outside agency's conduct is restricted by the FDCPA. Similarly, if the same store uses an in-house collection agent, but suggests to you that the collection is being performed by a third party, the FDCPA may apply to them as a result of that representation. Please note that there may be other laws in your state which restrict the conduct of in-house collection agents.

In order to prove violations of collections laws a consumer MUST document all communication with the collector. If you do not have a way to record telephone calls coming into your home - get one and don’t erase anything on it.

Truck drivers operating on the roads of Georgia and across the nation are subject to hours of service restrictions. These restrict the number of hours a driver may operate a truck in a certain time frame. It has been shown that fatigued drivers are a major contributing factor to truck crashes.

Legislation enacted in the last Congress and pushed by the Bush administration granted certain carriers exemptions from the restrictions. Now, a recent study by the U.S. Department of Transportation's Volpe National Transportation Systems Center found trucking carriers that received hours of service regulations exemptions reported higher crash rates than those that didn't obtain waivers from the rules.

The legislation exempted agricultural carriers from the hours of service regulations if they operated only within a 100-mile radius from their central base of operation. It also exempted utility service vehicle drivers from all hours-of-service regulations.

The Volpe study found that agricultural carrier operating exclusively within a 100-mile radius had a 19% higher crash rate than agricultural carriers operating outside a 100-mile radius between 2005 and 2007, while utility service motor carrier crash rates jumped by 40% during the same period.

These results show that safety is clearly compromised by these exemptions. Safety groups have called for their repeal in the upcoming Transportation Reauthorization Act.

The study also showed that in 2007 agricultural carriers as a whole had higher violation and out of service rates than the rest of the trucking industry in the categories of unsafe driver, driver fitness, vehicle maintenance, and improper loading - with a 32% overall average increase.

Agricultural carriers operating solely within a 100-mile radius had higher violations and out of service rates than those operating outside of a 100-mile radius in the categories of unsafe driving, driver fitness, vehicle maintenance, and improper loading, the Volpe study reported, with the overall average increase in the case at 24 percent

As Georgia injury lawyers we handle all types of automobile accident and trucking accident cases involving serious injury and wrongful death. This week I read about an unusual collision in Carrollton involving an ambulance and a truck. According to the Georgia State Patrol, a woman was driving a non-emergency ambulance when she swerved onto the shoulder, overcorrected, crossed the center line and veered into oncoming traffic where she hit a truck head-on. The ambulance driver, in critical condition, was airlifted to Grady Memorial Hospital in Atlanta after Monday's accident. Fortunately, there were no patients in the ambulance. The condition of the man driving the truck was not disclosed.

The Georgia Injury lawyers at Finch McCranie, LLP have represented thousands of victims involved in automobile accidents and trucking/tractor trailer accidents. Regretfully many have resulted in serious, life changing injuries and some have resulted in death. In some of these cases, the injuries could have been lessened had the victim been wearing a seatbelt.

For years, Georgia law has required occupants of passenger cars to wear seatbelts; however, pickup trucks have been exempt. Recently, a bid to require adults in pickup trucks to buckle their seat belts was narrowly defeated by a Georgia House panel, defying supporters of stronger safety standards that are in effect in most of the nation.

Georgia already requires minors to wear seat belts and adults to wear them except in pickup trucks. Indiana law was similar to Georgia law on this subject; however, in 2007 the legislature passed a law which now requires adults to buckle up in pickup trucks. New Hampshire has no seat belt requirements whatsoever for adults.

The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of traumatic brain injury resulting from serious automobile accidents, tractor trailer accidents, workers compensation accidents, ATV/All Terrain Vehicle accidents, motorcycle accidents and premises liability accidents. A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury.

What many people do not realize is that major depression is a complication seen in about one-third of patients within the first year of a TBI and when present, is associated with poor psychosocial functioning and persisting post-concussive symptoms. Major depression is associated with substantial psychosocial dysfunction and post-concussive symptomatology following traumatic brain injury. Medication has been and is still prescribed to treat this complication; however, in a recent large clinical sample of patients with symptoms of major depression, anti-depressant medication has been shown to lead to the remission of symptoms in a minority of patients.

As a Georgia injury lawyer, I have represented a lot of truck drivers over the years in workers compensation claims, usually involving back injuries. Many of these drivers were well into their sixties and many had significant health problems which probably put the public at risk of serious injury and death had they become involved in a tractor trailer accident. It was always surprising when these older truck drivers who were clearly in bad health were able to pass a DOT physical examination. Last summer the Associated Press released a report which talked about this growing problem. Tractor-trailer and bus drivers in the Unites States are driving our highways with commercial licenses even though they qualify for full federal disability payments. The Federal Motor Carrier Safety Administration has admitted that it has fallen short in implementing the 8 recommendations that U.S. Safety Regulators have proposed since 2001. One of these would set minimum standards for officials who determine whether truckers are medically safe to drive. Truckers who have violated the medical rules set out by the government are every where but 12 states have proven to be leaders in producing violations. Texas, Maryland, Georgia, Florida, Indiana, Pennsylvania, Illinois, Michigan, Alabama, New Jersey, Minnesota and Ohio were all states where drivers broke the rules most often. The AP article lists several appalling cases where truck drivers have caused fatalities as a result of their medical violations. In some cases, morbidly obese truck drivers had heart attacks while others admitted to occasional blacking out and forgetting things. If you or a loved one have been injured as a result of being involved in a tractor trailer truck accident, call the trucking accident injury lawyers at Finch McCranie, LLP for a free consultation.

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.

A couple of years ago we represented a young wrecker driver who was off on the grass on Interstate 75 in Georgia. He was there with the police trying to remove vehicle which had been involved in a prior collision. As he was loading one of the wrecked cars on his flatbed wrecker, he looked up to see a tractor trailer veering off the roadway and heading directly towards him. He ran up the embankment to try to avoid being hit and was run over by the truck. As a result he sustained vary serious injuries. As it turned out, the guy who was actually in control of the truck was just a guy who was accompanying the real truck driver. He did not have a commercial drivers license and was actually on disability because of a spinal cord injury that affected the use of his lower extremities!

Many truck accidents occur because the driver is without sufficient skills or training; driving faster than the speed limit or too fast for the conditions; driving under the influence of drugs or alcohol; driving without sufficient sleep/falsifying logbooks or failing to properly secure loads.

Tractor trailer accident victims often sustain very severe injuries and incur hundreds of thousands of dollars in medical bills, not to mention thousands in lost wages. In these cases, it important to retain legal counsel as soon as possible to investigate on your behalf and to retain competent accident reconstruction experts.

If you or a loved one has been injured in a accident or wreck involving a truck, call one of the experienced truck accident lawyers at Finch McCranie, LLP.

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.

Continue reading "Unsafe Trucks May Be Removed From Georgia Highways" »

The Georgia Injury lawyers at Finch McCranie, LLP have seen many automobile accidents and tractor trailer accidents which have left victims with a diagnosis of traumatic brain injury (TBI). Some clients have suffered from major, catastrophic brain injury while others have what would be considered as mild TBI. The signs and symptoms of a TBI can be subtle. Symptoms of a TBI may not appear until days or weeks following the injury or may even be missed as people may look fine even thought they may act or feel differently. The following are some common signs and symptoms of a TBI:

Headache or neck pain that do not go away;
Difficulty remembering, concentrating, or making decisions;
Slowness in thinking, speaking, acting, or reading;
Getting lost or easily confused;
Feeling tired all of the time, having no energy or motivation;
Mood changes (feeling sad or angry for no reason);
Changes in sleep patterns (sleeping a lot more or having a hard time sleeping); Lightheadedness, dizziness, or loss of balance;
Urge to vomit (nausea);
Increased sensitivity to lights, sounds, or distractions;
Blurred vision or eyes that tire easily;
Loss of sense of smell or taste; and
Ringing in the ears.

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.

Regrettably, here in our office, we have handled many serious personal injury cases involving traumatic amputations, usually arising in the context of a bad car accident or tractor-trailer collision. Just this past week, we settled a case involving a young man who lost his foot. Not long ago we settled a automobile accident case involving a gentleman who lost his leg. In both cases, we were reminded just how traumatic these cases can be for the innocent victims of the negligence of third parties. Suffice it to say, such injuries have life altering consequences that are permanent in nature, both physically and psychologically. The good news is that many of these clients can through modern medical treatment go on to live full and happy lives. For some, however, the road to recovery is a very long one.

One of the issues one must deal with in these cases is the need for a prosthetic device which will have to be replaced many times over time. Most prosthetic devices only last for a few years and have to be refitted or replaced. These devices many times are hand made and custom fitted and are very expensive. Thus, when analyzing the needs of such a client over the course of his or her life, one has to take into consideration how many different prostheses will be needed to address the client’s needs into the future. Of course, any time any one loses a limb, particularly a leg, there can be collateral consequences to the rest of the body. If one loses a right leg then the left leg has much more strain on it as does the back and the entire body. This can result in other problems for the client in addition to the amputation. Moreover, as discussed above, there is also the problem of psychological adjustment to these very serious injuries. One’s self image obviously can be greatly affected and depending on the makeup of the individual, either the adjustment is a good one, that is the client does adjust, or a bad one, that is that they simply cannot adjust to the lifestyle change and the overall change in their life.

A traumatic amputation case not only effects one physically and mentally but can result in profound consequences for one’s career. If one’s occupation involves a great deal of manual labor, obviously, the consequences of such an injury can be devastating. Climbing ladders, stooping, bending, lifting, all of these activities which so many of us take for granted can be greatly affected by a traumatic limb amputation.

Our experience handling these cases has indicated that one must be extremely cautious in trying to assess the needs of such clients. Professionals have to be consulted with respect to the future costs of prosthetic devices, the future costs of medical care, the likely consequences of the injury on other parts of the body and an assessment of the economic impact of the injury as it pertains to the client’s occupation. Great care and attention to all of these matters must be observed if the client’s interests are to be effectively represented.

Interstate trucking companies are governed by the safety regulations found at 49 C.F.R. §§ 300 through 399. Trucks engaged solely in intrastate commerce are governed by the corresponding rules in each state’s regulatory Code. Many states, such as Georgia, have adopted the Federal Motor Carrier Safety Regulations as part of its Code, thus, in Georgia at least, state and federal regulations governing the operation of large trucks are very similar. In one respect, the federal code, however, is superior because the Code of Regulations requires employers to adhere to numerous requirements before a truck driver may be hired. Significantly, the Code of Federal Regulations also requires that all records concerning drivers hired to operate trucks must be maintained by that carrier or the employer for a minimum of three (3) years thereafter.

Before a driver can be allowed to operate a truck in interstate commerce, the carrier/employer must administer and the driver must pass a written test about the Federal Motor Carrier Safety Regulations and a road test demonstrating competency. Significantly, a trucking company must also check the driver’s records for the past three (3) years in every state in which the driver held a license. The carrier/employer must contact prior employers for the previous three (3) years and ask about the applicant’s employment status and quality of work. In additional, federal law requires pre-employment, post-accident and random drug testing of drivers.

Failure to comply with state and federal regulations with respect to the duties of carrier/employers to monitor the competency of their drivers can create a claim against the trucking company for negligent hiring and retention of an incompetent driver. If a driver fails a drug test, has a poor safety record or otherwise has not fulfilled his or her duties under the Federal Motor Carrier Safety Regulations and/or if the employer has similarly failed to fulfill its safety duties, then in that event, a claimant can bring a claim against a motor carrier in which it is alleged that the employer/carrier negligently hired and/or retained the services of an incompetent, unqualified driver.

It may be possible in some of these cases to bring a claim for punitive damages if the driver is disqualified from operating a motor vehicle due to violations of safety regulations but nonetheless is still allowed to operate a commercial vehicle. Additionally, if the trucking company fails to conduct an adequate pre-employment screening background or otherwise fulfill their pre-employment safety duties, a claim for punitive damages can be brought as such conduct establishes a disregard for public safety justifying such additional damages.

Recently, we had a client whose vehicle was rear-ended at a high rate of speed. She immediately began to experience visual problem, including double vision which lasted for about two weeks. Many people involved in a serious automobile accident experience the same symptoms which is a classic sign of a traumatic brain injury. A person who has suffered a traumatic brain injury (TBI) 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 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. Others will be told that their symptoms are not related to their vision. Visual problems are among the most common sequella following a traumatic brain injury and should not be ignored. Competent medical providers and rehabilitation specialists should immediately recognize the significance of post trauma visual problems and treat their patients in conformity with new TBI treatment guidelines. If you or a loved one has sustained a traumatic brain injury as a result of an automobile or trucking accident, call the professional Georgia injury lawyers at Finch McCranie, LLP.

Not a month goes by that the Georgia injury lawyers at Finch McCranie, LLP don’t run into serious automobile accident or tractor trailer accident cases where our client has sustained a traumatic brain injury to some degree. These can occur from all types of accidents, including workers compensation accidents, ATV/All Terrain Vehicle accidents, motorcycle accidents and premises liability accidents.

A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury. According to the Centers for Disease Control (CDC), TBIs contribute to a substantial number of deaths and cases of permanent disability annually. Of the 1.4 million people who sustain a TBI each year in the United States, 50,000 die; 235,000 are hospitalized; and 1.1 million are treated and released from an emergency department. Among children, ages 0 to 14 years, TBI results in an estimated 2,685 deaths; 37,000 hospitalizations; and 435,000 emergency department visits annually. The number of people with TBI who are not seen in an emergency department or who receive no care is unknown. Interestingly, the two leading causes of TBI are falls (28%) and motor vehicle crashes (20%).

If you or a loved one has sustained a severe head injury in an accident, contact the experienced lawyers at Finch McCranie, LLP. (800) 228-9159

A trucker was fired recently when he refused his boss's instructions to drive longer hours than the Federal Motor Carrier Safety Regulations (FMCSR) allow, and to falsify his log books. He came to my friend's office today to ask for legal help.

I passed along that there is a federal law that is designed to protect honest truckers, who refuse to break the law by violating the FMCSR. Our firm's truck accident lawyers regularly have wrongful death and serious personal cases involving the devastation that can result from a tired trucker who causes a tractor-trailer accident, so we hope truckers use the law to protect all of the public:

49 U.S.C. § 31105. Employee protections

(a) Prohibitions.—

(1) A person may not discharge an employee, or discipline or discriminate against an employee regarding pay, terms, or privileges of employment, because—

(A) the employee, or another person at the employee’s request, has filed a complaint or begun a proceeding related to a violation of a commercial motor vehicle safety regulation, standard, or order, or has testified or will testify in such a proceeding; or

(B) the employee refuses to operate a vehicle because—

(i) the operation violates a regulation, standard, or order of the United States related to commercial motor vehicle safety or health; or

(ii) the employee has a reasonable apprehension of serious injury to the employee or the public because of the vehicle’s unsafe condition.

Continue reading "Illegal Trucking--Truckers Who Refuse to Violate Safety Regulations (FMCSR) Prevent Trucking Accidents" »

As Georgia injury lawyers we, at Finch McCranie, LLP, often see victims of automobile accidents and trucking accidents who sustain trauma to the head. The care they get in the minutes and hours following can be crucial to their recovery. Often important signs of mild traumatic brain injury (TBI) are overlooked. Recently the American College of Emergency Physicians in collaboration with the Centers for Disease Control and Prevention (CDC) revised the clinical guidelines for mild brain injuries. Those new guidelines are expected to lead to better patient outcomes for the more than one million patients who visit the emergency department every year for traumatic brain injury or concussion. It is well know by qualified medical professionals that people with traumatic brain injuries may appear to be normal and their symptoms may be mild but there can be hidden dangers. TBI’s can also lead to significant, life-long impairments that prevent a person’s ability to function both physically and mentally. The revised guidelines are designed to help insure that patients even with mild TBI’s are identified early and receive the care they need.

The Federal Motor Carrier Safety Regulations specify that commercial truck drivers must use “extreme caution” in hazardous weather conditions. Like many other states, Georgia’s Commercial Drivers Manual provides that truckers should slow down as much as one-third (1/3) of their normal and customary speed during hazardous conditions. There are good reasons for these regulations. Indeed, in an analysis of large truck crash collisions conducted in 2007, the Federal Motor Carrier Safety Administration determined that 23% of all tractor-trailer collisions involved truckers who were driving too fast for conditions.

Common sense indicates that it takes longer to stop a large tractor-trailer than it does an automobile. Automobiles average several thousand pounds in weight whereas some tractor trailers can average on 80,000 pounds with their loads. If there is a collision, it is going to be bad because of the disparity in the weights of vehicles typically involved in collisions with these big rigs. As is always the case with commercial trucks in general, safety is the operative term that must be paramount, not only for the truck drivers and their employers but also for the motoring public.

Truck drivers in Georgia and elsewhere that do not exercise extreme caution during adverse weather conditions are endangering every single person on the road. Drivers who continue to travel at high speeds during rain, sleet or snow are acting recklessly and are violating their mandatory safety duties and obligations. If a collision results from a driver’s failure to exercise extreme caution during adverse weather conditions, not only should liability be imposed against the driver and his employer, but punitive damages would be appropriate to deter the company from allowing its drivers to engage in such reckless conduct.

Continue reading "Georgia Truck Drivers Must Exercise Extreme Caution In Bad Weather" »

Georgia injury attorneys are aware that in all cases where you are seeking money damages against a municipality on account of injuries to a person you must send them an ante litem notice within six months of the event. Many of theses cases or claims arise from automobile accidents, trucking accidents, police chases and other tort cases. Georgia law actually prohibits bring any action against a municipality without first giving them such notice as provided by the statute, O.C.G.A.§36-33-5.

Georgia Representative Edward Lindsay has introduced a new Bill (House Bill 125) which, if passed will amend the current statute with respect to claims involving damage to real property. Specifically, the amended bill extends the time period for sending the ante litem notice to municipalities from 6 months to 12 months for claims for damage to real property. It also provides: “In the case of a claim involving damage to real property, where the adjustment by the governing authority fails to result in a settlement and the claimant recovers a judgment in excess of any amount offered in settlement, a penalty in the amount of 25 percent of the recovery shall be added to the judgment”.

If you or a loved one has been injured as a result of the negligence of someone employed by a municipal corporation, you should contact one of the injury lawyers at Finch McCranie, LLP who will insure that your rights are preserved.

In order to operate a interstate motor carrier on the highways of this country, a motor carrier must have the minimum of $750,000.00 in liability insurance coverage. If such a trucking company causes an accident then, at least, the public has a minimum of $750,000.00 in available insurance coverage to address the damages that might be caused by a serious collision or crash. In a very serious collision involving catastrophic injuries, $750,000.00 might very well, in and of itself, prove to be inadequate to address the kind of medical expenses one might see when an amputation is involved or paralysis as an example. Nonetheless, at least it is a minimal safety net that does provide protection for the public.

Here in Georgia, the minimum limits of companies operating in intrastate commerce is $100,000.00. This is a deplorable state of affairs in a state which has so many trucking companies operating in its boundaries. $100,000.00 is clearly inadequate to address any serious injury caused by a truck collision or crash. Dumptrucks operating in Georgia that are hauling gravel in intrastate commerce, if they cross the centerline, run a red light or otherwise are involved in a crash due to negligence of the driver, are more than likely to inflict serious damage on the person or persons injured thereby. And yet, here in Georgia, we only have $100,000.00 to protect the innocent victims of such negligence.

The law needs to be changed to make sure that Georgia citizens are entitled to no less protection than are citizens in every other state when it comes to these large trucks. The danger is the same and the damage is the same and the question we pose in this blog is: “Why aren’t the limits the same for Georgia Citizens as for the rest of the country?”

Our lawyers here at Finch McCranie, LLP are committed to representing innocent victims of serious truck accidents and collisions throughout this state and elsewhere. We will fight for the rights of such persons particularly when trucking companies cause serious injury and/or death due to the failure to comply with state and federal safety regulations. If you or a loved one are damaged by the negligent acts of a trucking company, please contact our truck accident attorneys at our toll free number 1-800-228-9159.

Here in Atlanta and throughout the country a simple safety regulation has saved many lives with respect to dangers posed by trucks on our interstate highways. The safety regulation we refer to here is the conspicuity tape that one sees on tractor-trailers operating on our highways, specifically the red and white stripes across the bottom of trailers. This tape has saved many lives because it is illuminated by both low and high beams on vehicles as they approach tractor-trailers that might be straddling the road while attempting to back into a particular location.

For years and years there were many deaths and serious injuries caused by under-rides when vehicles would come over a hill or around a curve only to be confronted by a tractor-trailer that was backing in to a particular location. Given the delay caused by the human brain when perceiving and reacting to a situation which is unexpected, experience indicated that it was not unusual for people to have great difficulty in avoiding these under-ride situations. Thus, the simple safety measure of requiring conspicuity tape (the red and white stripe tape at the bottom of trailers) came into being. This conspicuity tape is very visible and alerts the brain of the driver very quickly to potential danger. Thus, the under-ride is avoided whereas previously without this conspicuity tape many people were being seriously injured and/or killed.

This simple safety regulation works. It does not cost a lot of money and it saves lives. Other safety regulations work as well when they are enforced. The good thing about the tape is that it is easily enforced. Other safety regulations are more difficult to enforce such as proper driver hours, proper safety training, proper employment screening of qualified drivers, etc. Without proper enforcement of safety regulations, however, the entire public is in danger.

Far too often, we have seen situations where an adherence to simple safety regulations would have saved lives and/or avoided serious injuries. Our innocent clients are the ones who suffer from the lack of enforcement. Now that the Bush administration is leaving office, we can only hope that the new administration will concentrate more on enforcement as a method of insuring compliance with simple safety regulations that save lives.

Continue reading "Atlanta Trucking Accidents Decreased by Simple Safety Regulations" »

Our Georgia truck accident lawyers see many instances in which truck drivers and trucking companies destroy evidence after the collision. The law has fashioned a remedy for this type of conduct - spoliation.

Spoliation refers to the destruction or failure to preserve evidence that is necessary to contemplated or pending litigation. Bouve and Mohr, LLC v. Banks, 274 Ga. App. 758, 618 S.E. 2d 650 (2005). Spoliation creates the presumption that the evidence would have been harmful to the spoliator. See, Baxley v. Hakiel Industries, Inc., 282 Ga. 312, 647 S.E. 2d 29 (2007); American Multi–Cinema, Inc. v. Walker, 270 Ga. App. 314, 605 S.E. 2d 850 (2004).

Proof of spoliation raises a rebuttable presumption against the spoliator that the evidence favored the opposing party. This fact alone renders summary judgment inappropriate. Baxley v. Hakiel Industries, Inc., Id; Lane v. Montgomery Elevator Co., 225 Ga. App. 523, 484 S.E. 2d 249 (1997).

Thus, one who destroys or fails to preserve relevant evidence will be subject to a charge that had the evidence not been destroyed or preserved it would have favored the opposing party.

In Langlois v. Wolford, 246 Ga. App. 209, 539 S.E.2d 565 (2000), the Defendant driver left the scene of the collision before the police arrived so that a drug/alcohol screen could not be conducted. He later denied being impaired. The Court held that by avoiding the drug/alcohol screen, he had committed spoliation of evidence of his impairment at the time of the collision.

In J.B. Hunt v. Bentley, 207 Ga. App. 250, 427 S.E.2d 499 (1993), the Court had occasion to consider spoliation in the context of the Federal Motor Carrier Safety Regulations. In J.B. Hunt, the Defendants destroyed a driver’s log book which is required to be maintained under the Federal Motor Carrier Safety Regulations. The Court held that this destruction entitled the Plaintiffs to a presumption that the logs would have shown that the driver violated hour of service limitations established by the Federal Motor Carrier Safety Regulations, and supported an award of punitive damages.

Additionally, in J.B. Hunt, the Court held that the destruction of vehicle inspection reports, which are required by the Federal Motor Carrier Safety Regulations, raised a presumption that the truck was not in a safe operating condition, and also supported the award of punitive damages.

The case of Wanke v. Lynn’s Transportation Company, 836 F. Supp. 587 (Ind. 1993), presented the issue of spoliation involving the Federal Motor Carrier Safety Regulation §382.303 which requires a post accident drug/alcohol screen. In Wanke, the truck driver involved in a collision failed to submit to the required test.

The Court found that the driver had committed spoliation of evidence, reasoning that “the jury could find, however, that the Defendant’s conduct amounted to a passive spoiliation(sic) allowing any suspected evidence of drug or alcohol to pass through Mr. Marsh’s system.” The Court further held that the failure to take the drug test “makes the fact of consequence to the action – Mr. Marsh’s intoxication at the time of the collision – more probable than it would be without the evidence.”

Continue reading "Truck Accident Cases and Destruction of Evidence In Georgia" »

Our U.S. law firm celebrates Canada's Thanksgiving Day in October for a reason. When some Canadian citizens suffered tragic injuries and deaths in a tractor-trailer accident in Georgia some years ago, a Canadian lawyer contacted me to represent his parents, who had lost a son in this horrific truck wreck.

That role of helping Canadian families with their legal needs grew, as another Canadian family (through their Canadian lawyer) contacted me for the same reason.

I spent a Canadian Thanksgiving visiting the surviving parents, siblings, nieces, nephews, and in-laws of one of the most delightful human beings whom I never had the pleasure of meeting, but whom I came to know through representing his family through this tragedy. Their "real" Thanksgiving was delayed until we successfully resolved their case.

Later, in visiting the homes of other Canadian clients, I developed more of these bittersweet relationships with very fine people who live north of our U.S. border. We are now lifelong friends.

Recently, in visiting with our Canadian consul and his wife in Atlanta (terrific people who are neighbors of ours), I recounted some of the stories of these wonderful families. He requested our firm's contact information and said he was glad to know that our law firm is available to help Canadian families dealing with personal injuries or deaths in the U.S.

We have a great appreciation for our clients from Canada, and look forward to helping other Canadian families.

Van accidents continue to be a major cause of death and injury on the nation’s roadways. Our Atlanta injury lawyers are keenly aware of these dangers. Fifteen-passenger vans typically have seating positions for a driver and 14 passengers. They are widely used by community organizations to take members on short trips and outings. Colleges use them to drive sports teams to intercollegiate games and vanpools use them for commuters.

Recent research conducted by the National Highway Traffic Safety Administration (NHTSA) has found that the risk of a rollover crash is greatly increased when 10 or more people ride in a 15-passenger van. This occurs because the passenger weight raises the vehicle’s center of gravity and causes it to shift rearward. The van then has less resistance to rollover and is more difficult to control in an emergency situation. Placing any load on the roof also raises the center of gravity and increases the chance of a rollover.

A rollover crash is a complex event. In studies of single-vehicle crashes, NHTSA discovered that more than 90 percent of rollovers occur after a driver has lost control of the vehicle and has run off the road. NHTSA identified three major situations which led to rollover accidents in 15-passenger vans.

1. The van goes off a rural road. In this case, the van is likely to overturn when it strikes a ditch or embankment or travels onto soft soil.

2. The driver is fatigued or driving too fast for conditions. A tired driver is more likely to fall asleep at the wheel and lose control. High speeds can cause the van to slide sideways off the road causing the tires to dig into dirt.

3. The driver overcorrects the steering as a panic reaction to an emergency or to a wheel dropping off the pavement.

In the last ten years over 80 percent of people killed in rollover crashes in 15-passenger vans were unbelted.Seat belt use is especially critical because large numbers of people die in rollover crashes when they are partially or completely thrown from the vehicle. The risk of death or serious injury can be greatly reduced in a rollover crash by the use of seat belts.

Since most rollover crashes involve single vehicles they are often preventable.
NHTSA offers the following tips for drivers to minimize the risk of a rollover crash and serious injury or death:

1. Avoid conditions that lead to a loss of control. Never drive while under the influence of alcohol or other drugs. Make sure you are well rested and attentive, and always slow down if the roads are wet or icy.

2. Drive cautiously on rural roads. Be particularly cautious on curved rural roads and maintain a safe speed to avoid running off the road.

3.Know what to do if your wheels drop off the roadway. If your wheels drop off the roadway, or pavement, gradually reduce speed and steer back onto the roadway when it is safe to do so.

4. Properly maintain your tires. Make sure your tires are properly inflated and the tread is not worn down. Worn tires can cause your van to slide sideways on wet or slippery pavement. Improper inflation can cause handling problems and can lead to catastrophic tire failures, such as blowouts. Therefore, check tire pressure and treadwear once a month.

5. When a 15-passenger van is not full, passengers should sit in seats that are in front of the rear axle.

6. More than 15 people should never be allowed to ride in a 15-passenger van.

Our Georgia truck accident lawyers regularly investigate and pursue cases in which heavy truck drivers cause serious injury and death by driving while fatigued. The pressure on drivers to drive in this condition is enormous. The more miles driven the more a driver or company can earn.

The Federal Motor Carrier Safety Administration controls the limits on the hours a driver can drive in any one period.

Last Thursday, four public safety advocacy groups, Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition and the International Brotherhood of Teamsters filed a petition for reconsideration with the administrator of the Federal Motor Carrier Safety Administration (FMCSA), requesting that the federal government reconsider a seriously flawed regulation that can compel professional truck drivers to work and drive in dangerously fatigued condition.

In the final rule published on Nov. 19, FMCSA ignored two court decisions that have been issued since 2003. The first decision found that the agency had not adequately taken driver health into consideration. The second decision vacated the two provisions of FMCSA’s revised 2005 final rule that raised the limits for daily and weekly driving and on-duty hours. Although courts have twice ordered the agency to reconsider the rule, FMCSA has re-issued virtually the same rule after each court order.

The new rule, which will take effect on Jan. 19, the last day the current administration is in office, allows truckers to drive up to 11 hours in a single shift, while driving 88 hours or working 98 hours over eight consecutive days.

FMCSA disregarded scores of studies conducted over more than 30 years showing that this increased working and driving schedule will lead to exhausted truck drivers who literally can fall asleep while driving. This new rule threatens the safety of everyone traveling on the roadways of the United States.

The petition asks FMCSA to reconsider the regulation based on numerous errors and misrepresentations of research findings clearly showing that much longer working and driving hours will inevitably produce severely fatigued drivers who also can suffer serious health problems from excessively long working hours.

Continue reading "Citizens of Georgia Endangered By New Trucking Regulations " »

As attorneys representing injury victims of automobile accidents, tractor tailor truck accidents and medical malpractice claims we have had many occasions where the insurance company lawyer contacts our client’s own doctor to talk about the case without our knowledge. Fortunately that conduct is now a violation of law.

The Georgia Supreme Court recently heard a case where the plaintiff sued her husband’s doctor for malpractice. After she produced his medical records from three of his previous doctors, the insurance defense lawyer contacted them informally and asked about the man’s medical condition.
Under state law, once a plaintiff puts his or her medical condition at issue, the defense attorney can informally contact the treating physicians about the plaintiff’s medical condition. But the plaintiff argued that these ex parte conversations violated HIPAA’s provisions requiring notice and consent from the patient before the disclosure medical records. The Supreme Court of Georgia Court agreed and has now held that the insurance defense lawyer’s ex parte communications with the plaintiff’s prior to treating physician violated the privacy rules of the Health Insurance Portability and Accountability Act (HIPAA). In it’s decision the court said:

“We find that HIPPA preempts [state ] law with regard to ex parte communications between defense counsel and plaintiff’s prior treating physicians because HIPAA affords patients more control over their medical records when it comes to informal contacts between litigants and physicians...

“HIPAA... prevents a medical provider from disseminating a patient’s medical information, whether orally or in writing, without obtaining a court order or the patient’s express consent. In other words, HIPAA requires a physician to protect a patient’s health information, unless the patient is given reasonable notice and an opportunity to object...

“Thus, in order for defense counsel to informally interview plaintiff’s treating physicians, they must first obtain a valid authorization, or a protective order, or ensure that the patient has been given notice and an opportunity to object to the ex parte contact, all in compliance with the requirements of HIPAA”.

A Delaware truck driver met his death after crashing his tractor-trailer into some trees alongside Interstate 95 about 11 miles inside the Georgia state line. According to authorities 54-year-old Robert Earl Webb may have fallen asleep, but he also had a history of heart disease and there was evidence he may have suffered a heart attack just before Thursday’s crash. Authorities said Webb was alive just after the accident but died at the scene. The tractor trailer truck left the road and traveled 559 feet as it went down a banked roadbed and hit several trees before stopping upright in a water-filled ditch.

Cases like this one raise a lot of questions about tractor-trailer safety. Fortunately no one else was injured or killed as a result of this truck accident. Had it been otherwise, a competent lawyer representing the innocent victim would have been investigating to determine whether the driver was suffering from drivers fatigue or whether he was in adequate physical condition to have been driving a big rig.

Under federal law a tractor trailer driver can only drive a certain number of hours in a certain time period and must maintain an accurate record in the form of a driver’s logbook. In short there are many regulations governing the operation of a truck used in interstate commerce. If you or a family member has been injured in a tractor trailer truck accident you should contact the trial lawyers of Finch McCranie, LLP immediately to protect your legal rights.

As serious injury lawyers we are increasing getting calls from victims of motor vehicle accidents caused by debris on Georgia’s highways and even Interstate highways. It is bad enough to come up on road debris in an automobile but it can easily result in the wrongful death of someone on a motorcycle. In Atlanta, it is not uncommon to see old furniture, ladders and other objects which have fallen off of vehicles.

This week, a Nepali student was killed in a motor vehicle accident in Fairfax County, Virginia. Kritika Singh, 21, who was driving an Isuzu Rodeo, died in the accident while avoiding a mattress laying on the roadway on I-66 highway. According to Virginia State Police, a box truck, which was in front of her vehicle, turned sharply to avoid hitting the mattress. Singh’s vehicle traveling behind the truck, hit the mattress, ran off the road and hit the truck.

A Georgia resident was killed when he tried to avoid a pickup truck bed liner which had blown out of the bed of the truck onto the highway. In that case authorities were able to trace the bed liner to the owner of the truck and criminal charges were lodged against the owners.

It is often difficult to identify the person or entity who was responsible for littering highways with road debris; however, we have on occasion been successful in doing so. If you have been injured as a result of similar accidents, it is imperative to contact a lawyer at Finch McCranie, LLP immediately so that a good and timely investigation can be done.

As Georgia lawyers handling automobile accident and truck accident cases we have litigated many such cases against Georgia municipalities. I recently read about a case where a man and his wife in Columbus, Georgia filed a personal injury lawsuit against the City of Columbus and a former firefighter to recover for injuries sustained after he ran into their vehicle with a city fire truck. The former firefighter who reportedly tested positive for cocaine an hour and 15 minutes after the crash resigned his job shortly after the collision

What is interesting about the case is that under current Georgia law, city and county governments have sovereign immunity which is waived only to the extent of available liability insurance they may have in force. In this case, the City had $100,000.00 in liability coverage and therefore that was the extent to which the plaintiffs could normally recover from them even if a jury had awarded them substantially more. Fortunately for these injured victims the City of Columbus apparently saw fit to pay them an amount over and above the $100,000.00 in liability insurance and settled the case with them for $175,000, but it could have been different.

Georgia’s sovereign immunity law is unfair to victims of automobile and truck accidents which are caused by the negligence of government employees in the performance of their jobs. People should call their state legislators and ask that cities and counties be held accountable like a private person. It is outrageous to think that a person can be injured or killed by a negligent city or county employee and that the victim would be limited in their recovery to whatever insurance may have been purchased by the governmental entity. The state and the counties should be liable for injuries or death just like any other private citizen.

Truck drivers are required by Federal Regulations to limit the amount of hours during which they can drive in one day. This regulation is enacted to attempt to prevent serious injury and death caused by fatigued truck drivers. This is a major problem in the United States. In spite of the dangers posed by fatigued drivers, the trucking industry has been pushing for relaxed standards. Obviously more hours driven equal more money earned. The Bush administration has been all too eager to appease the trucking industry.

On Tuesday, the Federal Motor Carrier Safety Administration announced its final hours of service rule, and they remain unchanged from the "interim" rule the trucking industry has been working under.

Truck drivers are limited to driving for only 11 hours and working for no more than 14 hours each day. The agency said it consulted with scientific and medical researchers, reviewed existing fatigue research and worked with organizations like the Transportation Research Board of the National Academies and the National Institute for Occupational Safety in setting the final rules. FMCSA Administrator John Hill, claims the final rule is based on an exhaustive scientific review and designed to ensure truck drivers get the necessary rest to perform safe operations and the quality of life they deserve.

The rule will become effective Jan. 19, 2009, the day before the Bush administration leaves office. Hill said he was confident the final rule would stand up to a court challenge because the agency had appropriately addressed all concerns raised by the courts.

The consumer protection group Public Citizen has been fighting the rule in court since it was first announced in 2005. In July 2007, a federal court remanded the Hours of Service rules to FMCSA, ruling that the agency must provide better explanations of its justifications for adopting the 11-hour drive time and 34-hour restart provisions of the rule. In December, FMCSA announced that it was keeping the 11-hour and the 34-hour provisions in an Interim Final Rule. In January, a federal appeals court denied Public Citizen's request to invalidate the Interim Final Rule.

Public Citizen President Joan Claybrook issued a statement denouncing the rule, saying, "FMCSA's rule, which ignores mountains of safety research, authorizes the exact same 11-hours of driving and 34-hour restart provisions of rules past - rules that the court deemed were inadequate. Under the rule, drivers may continue to log a physically and mentally demanding 77 hours behind the wheel in a seven-day period, take a mere 34 hours off, then hit the road to do it all over. In addition, drivers can be required to work 14 hours a day, which includes loading and unloading cargo. The rule also fails to require electronic on-board recorders that are essential to assure effective enforcement of the rule."

Last month there was a meeting in Atlanta of The Association of Interstate Trucking Lawyers of America and The Georgia Trial Lawyers Association. One of our trucking injury attorneys attended that meeting where there was a presentation on Traumatic Brain Injury. Our law firm has handled many cases involving brain injury that resulted from either a tractor trailer truck accident or automobile accident.

Because many brain injuries occur as a result of tractor-trailer accidents and are frequently overlooked, because lawyers are concentrating on the obvious orthopaedic injuries sustained in those accidents, one of the presentations was devoted to educating attorneys on some of the signs and symptoms of brain injury and concussions. It is important to understand that many symptoms following a concussion are not immediately evident and may take days or weeks to become apparent. Accordingly, many times there is a need to have a comprehensive neuropsychological assessment to assess and document the long term consequences of this invisible injury.

Each year over 5,000 men, women and children are killed on America’s highways as a result of a crash with a big truck? Far too often these truck wrecks were caused by the violation of government safety laws which are designed to regulate tractor trailers and other interstate trucks. These regulations govern truck speed, truck safety devices, proper truck maintainece, truck driver training, the number of hours the truck drivers can remain behind the wheel and proper back ground checks by the trucking company on their drivers both before being hired and thereafter on a periodic basis.

The law firm of Finch McCranie, LLP is well versed in these trucking regulations and has experience in representing the victims of interstate truck accidents.

It has been estimated that 13% of all truck collisions in this country occur during bad weather conditions. Obviously, on many days it will rain, sleet, or snow. On certain days, fog conditions are also likely to exist in many parts of the country. Regrettably, as demonstrated by these statistics, when bad weather conditions occur, it is more likely that a serious truck accident will also occur. The Federal Motor Carrier Safety Regulations which address this topic should reduce the number of these accidents but regrettably have failed to do so. The reason: The extreme caution guideline provided is routinely ignored.

49 C.F.R. § 392.14 requires that drivers of commercial motor carriers use “extreme caution” in the operation of a truck during hazardous conditions, such as those caused by snow, rain, etc., which could adversely affect visibility or traction. This section also states that “speed shall be reduced when such conditions exist.” While it goes without saying that speed should always be reduced during adverse weather conditions, experience indicates that oftentimes this is not the case. Many state commercial driver’s license manuals, like the State of Georgia, require that speed be reduced by as much as one-third (1/3) during rain or adverse weather conditions and yet the general public knows that this very rarely occurs. What is interesting legally is that this reduced speed is mandated by law but nonetheless, oftentimes, this mandate is tragically ignored.

Obviously, it takes much longer to stop a tractor-trailer in adverse weather conditions. Any truck driver must be able to stop his vehicle on wet conditions in the same distance as he would do so on dry road. Wet roads can double the required stopping distance. By reducing speed on a wet road, stopping distances can be decreased as well.

Because Federal Motor Carrier Safety Regulations specifically state that extreme caution must be used in the operation of a truck during hazardous weather conditions, experienced counsel are often able to use these regulations to impose liability on those carriers and drivers who disregard their duties to the motoring public. The 13% figure referenced in this article is obviously much greater than it should be. If truckers were always utilizing extreme caution during adverse weather conditions, one would think that the number of accidents occurring during adverse weather conditions would be substantially less than we see. Again, with respect to those unfortunate victims of truck drivers who fail to exercise the appropriate standard of care during adverse weather conditions, it appears that litigation and money damages may be the best deterrent available to reduce these statistics which adversely effect us all.

Georgia injury lawyers who represent victims of spinal cord injury (SCI) see the devasting results of truck accidents, automobile accidents and on-the-job or workers compensation accidents. According to the National Spinal Cord Injury Association, as many as 450,000 people in the United States are living with a spinal cord injury (SCI). Every year, an estimated 11,000 SCI's occur in the United States. Most of these are caused by trauma to the vertebral column, thereby affecting the spinal cord's ability to send and receive messages from the brain to the body’s systems that control sensory, motor and autonomic function below the level of injury.

According to the Centers for Disease Control and Prevention (CDC), SCI costs the nation an estimated $9.7 billion each year. Pressure/bed sores alone, a common secondary condition among people with SCI, costs an estimate $1.2 billion. While there are advances in emergency care and rehabilitation which allow many SCI patients to survive, methods for reducing the extent of the injury and for restoring function are still limited. Currently there is no cure for SCI. Therefore, prevention of SCI from happening in the first place is key.

In Georgia it seems more and more that there is not enough insurance to take care of people hurt in automobile accidents. As Georgia injury lawyers representing the injured victims of automobile accidents and truck accidents we are acutely aware of the fact that the other driver too often has low or no liability insurance limits. Review your own coverages. Two critical coverages are Medical Payments Coverage and Uninsured/Underinsured Motorist (UM) Coverage. Medical payments covers you and your passengers for your medical expenses regardless of who caused the accident. It is very inexpensive coverage compared to any other health insurance. Uninsured/underinsured motorist (UM) coverage acts the same as if the other driver had liability insurance and pays you for all of the damages you would be entitled to recover from the other driver up to the limits of the coverage. It also is much cheaper than the cost of your liability coverage and can be purchased in the same limits as your liability insurance. Georgia requires that this coverage be provided if you buy liability coverage unless you waive it in writing. Many times agents don’t mention that you can buy additional coverage. Take a look at your automobile insurance policy and call your insurance agent to review your coverage.

Truck accidents involving trailer underriding or under-running -- where a car or other passenger vehicle passes under a trailer being pulled by a truck tractor or "big rig" -- remain severe personal injury accident hazards to automobile passengers in Georgia and elsewhere. Over the years, we have seen that catastrophic injuries -- including occupant death by decapitation, closed-head or brain injury, and spinal paralysis -- almost always result from these common tractor-trailer accidents.

Further, the trucking industry has taken the position that since no federal law specifically requires side underride protection, there is no need for same -- despite the clear risk of serious injury or death from side underride collisions, which are more frequent than rear underrides. Thus, the law still fails, in large part, to protect the motoring public from this devastating auto accident hazard.

Sadly, despite a federal law requiring truck trailers to have a rear underride guard or bar, many older trailers on our highways either still lack this basic safety feature. Also, a scary reality is that, with the spread inland of Mexico-based truck traffic from the Mexico border, border states, and eventually most of the country likely will see an increase in these always-serious wrecks. But, without stricter federal laws, jury verdicts will continue to be the only engine for change and improved motorist protection from these crashes.

For an excellent resource for learning more about these tragic, yet all-too-frequent, types of auto accidents, as well as for research into many other highway safety issues, we recommend the IIHS (http://www.iihs.org/research/topics/trucks.html), or Insurance Institute for Highway Safety, as a place to start your research.

Our firm’s Georgia attorney’s have represented serious injury accident victims for many years who have been treated at various trauma centers. In Atlanta, most trauma patients are treated at Grady which is a Level-I facility. Trauma is any life-threatening occurrence, either accidental or intentional, that causes injuries. The leading causes of trauma are motor vehicle accidents, falls, and assaults. Trauma is the leading cause of death among Americans under 44 years of age. A trauma center is a hospital equipped to provide comprehensive emergency medical services to patients suffering traumatic injuries. Trauma centers were established as the medical establishment realized that traumatic injuries often require complex and multi-disciplinary treatment, including surgery in order to give the victim the best possible chance for survival and recovery.

In order to qualify as a trauma center, a hospital must meet certain criteria as established by the American College of Surgeons (ACS). Trauma centers vary in their specific capabilities and are identified by “Level” designation; Level-I (Level-1) being the highest to Level III (Level 3) being the lowest (some states have four designated levels, in which case Level IV (Level 4) is the lowest).

Higher levels of trauma centers will have trauma surgeons available, including those trained in such specialties as neurosurgeons and orthopaedic surgeons as well as highly sophisticated medical diagnostic equipment. Lower levels of trauma centers may only be able to provide initial care and stablisation of a traumatic injury and arrange for transfer of the victim to a higher level of trauma care. The operation of a trauma center is extremely expensive. Some areas are under-served by trauma centers because of this expense. For example, in Florida, Orlando Regional Medical Center was built to serve five counties but currently serves more than 20. A trauma center will often have a helipad for receiving patients that have been airlifted to the hospital. In many cases, persons injured in remote areas and transported to a distant trauma center by helicopter can receive faster and better medical care than if they had been transported by ground ambulance to a closer hospital which is not designated as a trauma center. In almost every case, the sooner a trauma patient receives the expert care afforded by a trauma center, the better the outcome.

Unfortunately, the title of this entry is something we have witnessed in our practice far too many times. Each year in Georgia, truck driver fatigue contributes to serious collisions involving tractor-trailers and automobiles. Even though the United States Department of Transportation Federal Motor Carrier Safety Administration has very specific regulations concerning the number of hours that a driver may operate a tractor-trailer, what we have seen in our practice is that oftentimes these regulations are deliberately ignored and completely disregarded. Drivers logs, which are required by law to be kept by interstate carriers, are oftentimes falsified. We have seen cases were duplicate logs were kept in order to conceal the excessive hours being driven by the company’s truck driver. We have also seen many cases where they has been a complete failure by the employer/trucking company to enforce duty hours, log violations and other safety violations, which violations then lead to serious injuries and wrongful death claims.
Because serious injuries and wrongful death can be caused by driver fatigue, it is imperative that employers be held accountable for their lapses in this regard. Those trucking companies that allow their drivers to operate their trucks for an excessive number of hours or permit it through the “wink and nod method” where the driver is encouraged to drive more than is safe while the company, on paper, claims that they direct their drivers not to do so, obviously need to be punished. In this regard, it is important that counsel investigate a truck company’s safety and compliance programs to make sure that they are complying with the safety regulations in this area.
Beginning in the calendar year 2003, tractor-trailer drivers were permitted to drive eleven hours after ten consecutive hours off duty. Tractor-trailer drivers may not drive beyond the fourteenth hour after coming on duty, following ten hours off duty. Tractor-trailer drivers may not drive after being on duty for sixty hours and a seven consecutive day period or seventy hours in an eight consecutive day period. This on duty cycle may be restarted whenever a tractor-trailer driver takes at least thirty-four consecutive hours off duty. While these rules seem relatively straight forward, with increased pressure on the trucking company driver to deliver his loads on time and to drive long distances over long hours, enforcement and compliance are the keys to preventing serious injury and wrongful death claims involving driver fatigue.
Our attorneys have seen far too many preventable accidents where the drivers either fell asleep at the wheel or were on stimulants trying to keep themselves awake after driving long distances over excessive hours. Driving too long over a considerable distance is a recipe for disaster when a large tractor-trailer rig is involved. While the states and federal government attempt to enforce compliance with the safety regulations through inspections, litigation brought by innocent victims against trucking companies, that disregard their safety obligations seems to be one of the most powerful weapons available to actually encourage compliance. If these companies are forced to pay for their safety violations and compensate victims not only for damages caused, but also punitive damages because of their disregard of proper safety procedure, obviously, it is hoped that future injuries and death claims due to driver fatigue may be decreased.

As Georgia injury lawyers we have seen the devastating effects of brain injuries which often result from automobile and truck accidents as well as on-the-job (workers compensation) injuries. A person who sustains a severe head injury and gets immediate, expert treatment has a better chance of having a more satisfactory outcome.

New research is being done with respect to effective treatment of head injuries immediately following head trauma. It has been reported in BioMed Central’s Journal of Biological Engineering that severe brain injury due to blunt force trauma could be reduced by application of a simple polymer, Polyethylene glycol or PEG, mixed in sterile water and injected into the blood stream. Andrew Koob and Richard Borgens from Purdue University, Indiana, performed experiments in rats which showed that PEG was effective in limiting damage if administered within four hours after the head injury. However, if treatment was delayed for a further two hours, the beneficial effects were lost. During the experiment, rats were injured with a falling weight and then PEG was administered fifteen minutes, two hours, four hours, or six hours later. The authors then carried out a series of behaviourial tests on the rats to determine the effectiveness of the PEG treatment.
According to Borgens, "These data suggest that PEG may be clinically useful to victims of traumatic brain injury if delivered as rapidly as possible after an injury". Such a treatment could be feasibly be carried out at the scene of an accident where PEG could be delivered as a component of IV fluids thus reducing long term brain injury.

With the ever increasing presence of the number of trucks and tractor-trailers on Georgia’s highways and roadways, our attorneys have regrettably but consistently seen a corresponding increase in wrongful death and serious injury claims arising from accidents between automobiles and trucks. Indeed, over the last several years, national statistics indicate that there are approximately 500,000 truck collisions per year. Out of these one half million collisions approximately 5,000 people are killed each year. Georgia is no stranger to these wrongful death claims and as of the writing of this entry, our firm is handling several wrongful death claims on behalf of the families of innocent victims involved in such collisions.

It goes without saying that most any accident involving a tractor-trailer and an automobile has the potential to be extremely serious. Most large trucks weigh far in excess of 10,000 pounds and many as much as 80,000 pounds. Collisions involving large trucks are, by definition, therefore, more likely to cause serious injury or wrongful death because of the size and weight of the vehicles typically involved in tractor-trailer collisions. Some experts have estimated that in approximately 10% of all cases involving tractor-trailer collisions someone will be killed.

Given these sobering statistics, obviously, safety is paramount with respect to the trucking industry. While there are many safety rules contained within the Federal Motor Carriers Safety Regulations, which govern all trucks engaged in interstate transportation, the fact remains that in many of these cases we are handling and have handled over the years these safety rules and regulations are ignored and sometimes deliberately disregarded.

In our practice, we have constantly seen evidence that unsafe trucks and unfit or poorly trained drivers lead to preventable serious injury and wrongful death claims. In our investigation of any truck accident, we typically review the log books, pre-trip inspection records and other maintenance and safety records required by federal law to be maintained by trucking companies. It is astounding how many cases we find where the trucking companies involved keep incomplete records or have no records at all relative to the federally mandated safety obligations.

As in any other case, it is important for the victim of a incident involving a tractor-trailer case that they confer with legal counsel as soon as possible in order to protect their legal rights. Trucking companies and their insurance carriers typically send out investigators immediately following any serious incident. Safety records and other records which might demonstrate compliance issues have a tendency to be lost in these cases by trucking companies and/or sometimes are deliberately discarded. Accordingly, a prompt and thorough investigation of the companies involved in these cases is imperative if there is to be protection of the victim’s rights in these cases. Thus, based on our experience of handling many wrongful death and serious injury cases involving truck accidents, we strongly recommend that the innocent victims involved in these cases confer with counsel as soon as is practicable.

We have written in the past about the danger of using aged tires on vehicles and the inherent rollover dangers in large passenger vans. We recently learned of the existence of an organization dedicated to addressing these dangers, educating the public about these dangers, and hopefully saving lives.

The American Center for Van and Tire Safety, acfvats.org, was established by Patrick James after the tragic death of his young daughter. On July 17, 2007, ten year old Alexis James was a passenger in a 15 passenger van traveling with others from her home in South Carolina to a softball game in Georgia. Unexpectedly, the left rear tire of the van suffered a failure, causing the van to rollover. Although Alexis was wearing the provided lap belt, she was ejected from the van and suffered fatal injuries.

Subsequent investigation determined that the van was traveling within the speed limit and there were no additional causative factors for the rollover other than the tire failure.

After the incident, Patrick James decided to direct his grief into positive action. He researched the failed tire and learned that it was over 13 years old, but had seen no use prior to installation on the van. It had been a spare. He learned that here was ample research demonstrating that tires over approximately 6 years old were subject to failure and should be replaced or not otherwise put into use. Many automobile manufacturers now make these recommendations and the NTSB has issued an advisory.

However, relatively few persons are receiving this information. Now, the American Center for Van and Tire Safety is working with the NTSB to start an public awareness campaign. Hopefully, the word will spread, and other families will not have to endure the losses suffered by the James family and many others. The American Center for Van and Tire Safety is to be commended for these efforts

Six men in a van were killed when a tractor-trailer loaded with sand hit their vehicle last Monday in south-central Florida.The Florida Highway Patrol reported that the tractor-trailer failed to heed a stop sign around 6:30 a.m. and struck the van's right side.

The force of the collision caused the van and the tractor-trailer to roll over, coming to rest on the shoulder of a two-lane highway about 60 miles east of Fort Myers.

At least two of the six men inside the 1993 Chevrolet van were thrown from the vehicle. All six were pronounced dead at the scene.

The driver of the tractor-trailer was driving for West Coast Aggregate Haulers, Inc., of Venice, Fla. He was listed in serious condition at a local hospital but is expected to survive.

Dangerous trucks from Mexico will continue to be allowed to use the highways of the United States. The Bush administration recently announced that it would extend its cross-border trucking pilot project for two more years, despite evidence that this action will expose U.S. motorists to increasing dangers from unsafe trucks and unqualified drivers. The United States Congress has clearly instructed the administration to cease these operations.

In December 2007, Congress passed a measure aimed at requiring the Federal Motor Carrier Safety Administration (FMCSA) to comply with certain safety assurances. The measure, contained in the appropriations bill for the Department of Transportation, prohibited the use of funds to “establish” cross-border trucking pilot projects. But FMCSA extended the program to more carriers in clear defiance of the intent of Congress.

The consumer advocacy group, Public Citizen, along with the International Brotherhood of Teamsters and other groups argued against the program in February in the U.S. Court of Appeals for the Ninth Circuit, citing numerous violations of repeated congressional mandates, including the recent spending bill. A final ruling is expected soon.

In addition, U.S. Reps. Peter DeFazio (D-Ore.) and James Oberstar (D-Minn.) introduced a bill July 29 to prohibit the secretary of transportation from granting authority to Mexico-domiciled carriers to operate beyond a specified commercial zone unless authorized by Congress. A committee approved the bill two days later, although the full House of Representatives has yet to vote on it.

In 2001, a NAFTA tribunal ordered the United States to permit access to all U.S. roads for Mexico-domiciled trucking companies. The Clinton administration refused to comply, citing serious safety and environmental concerns with Mexico’s trucking fleet. The Bush administration has tried since 2002 to enforce the NAFTA order to open U.S. highways to these unsafe trucks.

Our Atlanta heavy truck accident lawyers frequently litigate serious injury and death cases in which truck driver fatigue plays a crucial role in the crash.

The National Transportation Safety Board said yesterday that trucking companies should be more diligent in ensuring that heavy truck drivers get rest, and the use of alarm systems to alert exhausted truckers should be required by the government.

The NTSB hearing, held in Washington, D.C., was occasioned by a crash in western Wisconsin three years ago in which a bus carrying a high school band slammed into an overturned semitrailer, killing five people.

NTSB investigators concluded that the truck driver fell asleep at the wheel and began to drift off the interstate's shoulder. When he swerved back onto the road, the rig overturned. The bus then plowed into the truck.

While drivers are ultimately responsible for getting enough rest, trucking companies many times base payment on performance in terms of miles traveled. This encourages drivers to drive excessive hours while fatigued. and to falsify log books which are required to show the hours driven and mandated periods of rest. Fatigue is a factor in about one in eight large-truck crashes.

At the hearing, NTSB staff discussed technology still in the early stages which may eventually prevent such fatigue-induced crashes. One example is a dashboard-mounted camera that tracks a driver's eye and eyelid movements and could alert a driver who appears to be falling asleep.

Even low-tech measures are effective. Studies have disclosed that rumble strips , textured strips of pavement that produce vibrations when a driver passes over them , reduce fatigue related crashes by up to 60 percent.

Our Atlanta truck accident lawyers see many cases in which heavy trucks such as tractor trailer and dump trucks, are involved in serious accidents. Statistics show that about 5,000 innocent people are killed every year and more than 100,000 are injured in crashes involving large trucks in the United States. Heavy trucks account for just 3 % of all registered vehicles on the roadways in the Uniteed States, but account for 9% of all fatal crashes.

Heavy trucks also cause damage to roads and bridges. According to transportation experts, one 80,000 pound tractor-trailer can inflict as much damage to road pavement as 9,600 cars.

Now the trucking and shipping industries are launching a campaign to allow heavier and longer trucks on highways. Currently pending in the United States Congress is a bill which would allow trucks up to 100,000 pounds in 6 states as part of a pilot program. Georgia is one of the states included in the proposed program.

Consumer advocate group Public Citizen is leading the effort to lobby Congress to prevent this dangerous practice. Even some truck drivers recognize this danger. The Teamsters union has expressed opposition to this bill citing the dangers.

The United States Department of Transportation has reported that 5,300 people died in crashes involving large commercial trucks in 2006. 126,000 more were injured. A leading cause of these crashes were situations where the drivers involved fell asleep, suffered heart attacks or seizures or otherwise were so physically impaired as be unable to safely operate their trucks. Indeed, according to an Article recently issued by the Associated Press, hundreds of thousands of tractor-trailers and bus drivers in the United States are unfit and unqualified to have commercial driver’s licenses. As an example of this problem, in a 30-page study issued by the General Accounting Office, over 1,000 drivers with vision, hearing or seizure disorders had applied for disability benefits with the Veterans Affair Department. And yet, these same drivers were operating commercial tractor-trailers and buses on our highways with medical certificates certifying they were fit to drive. Once again, a lack of regulatory oversight is largely responsible for the problems caused by these unsafe drivers.

In our wrongful death practice, it is not unusual for us to see horrific collisions involving unfit and unsafe drivers. We have had many cases where drivers have been under the influence of stimulants because of fatigue, where other drivers could not pass a fitness test and were driving with licenses without proper medical certifications, and other cases involving drivers with seizure disorders, neuropathy to their legs and feet and other similar health problems that prevented them from safely operating commercial vehicles. In short, our practice experience mirrors the nationwide experience. We believe the drivers involved in our firm’s cases were able to drive and inflict harm on innocent members of the motoring public because of a lack of regulatory oversight.

The United States agency responsible for regulating this area, the Federal Motor Carrier Safety Administration, has acknowledged that it has not completed any of the 8 recommendations that U.S. Safety Regulators purposed in 2001. One such regulation would set minimum standards for officials who determine whether truck drivers are medically safe to operate commercial vehicles. Another would prevent truck drivers from “doctor shopping” to find doctors who might overlook a risky health situation and nonetheless certify a driver as medically able to operate a commercial vehicle. Most observers do not believe that any of the 8 recommendations will be implemented before President Bush leaves office. This is hardly surprising because his Administration has emphasized deregulation of the trucking industry.

Just as we have seen in the mortgage crisis, if there is lack of federal regulatory oversight, the marketplace alone cannot regulate effectively abuses that will undoubtably arise when there are no regulations. The trucking industry is in serious need of additional regulations from a safety standpoint. We can only hope that future administrations will address the many safety issues involved. Until such time as there is greater regulation, regrettably, we have no doubt but that we will continue to see more and more serious injury claims and wrongful death cases arising from unfit and unsafe truck drivers.

As attorneys who represent the young man who is the most seriously injured surviving passenger in the Bluffton University Baseball Team's bus crash in Atlanta in 2007, we listened with great interest today to the National Transportation Safety Board (NTSB) members explaining their findings about what caused the crash that took so many lives, and left so many injured.

Disastrous events such as this one can provide important "lessons" on how needless injuries and deaths can be prevented. Most disturbing about today's hearing was the sense that past lessons from other horrific wrecks have been ignored. Here is just some of what the NTSB discussed today (an official transcript will be available later):

The NTSB placed primary responsibility for the crash on the bus driver, who among other things veered onto an exit ramp at high speed (in excess of the speed limit), and failed to react by slowing the bus, apparently because he believed he was still in the HOV lane of I-75. As is well-documented, the bus then struck a railing on the overpass, and toppled from the overpass onto the interstate below, which caused many passengers to be ejected.

The NTSB discussed evidence that the driver had driven 10 1/2 hours the day before to meet this bus, and then started driving this bus at 4:30 a.m. with at most 6 1/2 hours of sleep. One NTSB member referred to the driver as an an "unqualified driver" because his medical certificate had expired, and noted that the bus company failed to monitor and instruct drivers as to their medical qualifications to drive. The NTSB had other criticisms as well.

What is also disturbing is the lessons not taken from the history of earlier fatal wrecks on this same exit ramp. The NTSB noted that this ramp had been the site of nine wrecks--three of them fatal--in the past, six of which had been single-vehicle wrecks. The drivers involved were not from the Atlanta area, the NTSB observed.

As one NTSB member stated, GDOT (the Georgia Department of Transportation) "missed the boat" in failing to identify the exit properly with adequate signage, and failing to install adequate traffic control devices, among other things, for the "unexpected" arrangement that drivers found at this exit. NTSB thus identified these failures as a contributing cause of the horrendous wreck.

The NTSB also discussed GDOT's failure to respond appropriately to the documented history of wrecks and fatalities at this same location.

The NTSB discussed the need for greater protection of occupants of buses. Prior bus crashes show that occupants are killed or injured because of the absence of simple protections such as seat belts--there were none on this bus. Here is one excerpt:

"The National Transportation Safety Board determines that the probable cause of this accident was the motorcoach driver’s mistaking the HOV-only left exit ramp to Northside Drive for the southbound Interstate 75 HOV through lane. Contributing to the accident driver’s route mistake was the failure of the Georgia Department of Transportation to install adequate traffic control devices to identify the separation and divergence of the Northside Drive HOV-only left exit ramp from the southbound Interstate 75 HOV through lane. Contributing to the severity of the accident was the motorcoach’s lack of an adequate occupant protection system."

We can only hope and pray that the lessons of the Bluffton crash--which should have been learned previously--will not be ignored this time.

The NTSB's own "synopsis" of its report appears below, and can be found at http://www.ntsb.gov/Publictn/2008/HAR0801.htm:

Continue reading "NTSB Report on Bluffton University Bus Accident Illustrates Preventable Dangers Causing Personal Injury and Wrongful Death--Again and Again " »

Between 1982 and 2006, 5,473 people lost their lives in Georgia due to tractor-trailer accidents in this state. Nationwide, in 2006 alone, 4,995 died in large truck collisions. Between 1982 and 2006, on a nationwide basis, 126,107 people lost their lives. Although large trucks are only 3% of U. S. registered vehicles, according to the Insurance Institute for Highway Safety, they account for 13% of annual motor vehicle crash fatalities. When a car collides with a big truck, 98% of the people who die are in the small passenger vehicle.

These sobering statistics continue to demonstrate that people will continue to die due to large tractor-trailer accidents occurring in this state and elsewhere. In 2006, 232 people in Georgia were killed in large tractor-trailer accidents. These statistics demonstrate, in rather graphic fashion, that large trucks are a danger on the public roads and that everyone is a potential victim. As stated, there have been 5,473 Georgia victims between 1982 and 2006.

As we have blogged about previously, there are numerous safety regulations in effect which are designed to reduce and minimize the chances of serious injury or death caused by trucks. Unless these safety measures are enforced, however, they can have little impact on the staggering number of deaths. Moreover, the statistics we have cited herein are only deaths and do not include serious injuries which are far in excess of the death total. Thus, if anything can be stated with certainty, it is that we do not need more deregulation of the trucking industry but rather more regulation, particularly in the safety area. Until such safety regulations are enforced, on a strict basis, it is regrettable that litigation remains one of the best tools available to try to reduce the carnage on the roads. By holding irresponsible and negligent trucking companies financially liable for their acts of negligence, hopefully, money damages will serve as a deterrent to reduce the numbers in what is otherwise a continual state of deregulation. Without adequate regulation it appears that private lawsuits may be the most effective inducement for adherence to safety regulations by the trucking industry.

Our personal injury lawyers have written before about the Federal Motor Carrier Safety Regulations and how they impact the public safety when it comes to truck drivers operating tractor trailer rigs on our interstate highways. Obviously, before anyone can operate a tractor trailer rig, they must be physically able and qualified to drive. As an example, they must receive a certificate of a medical examination in which a doctor confirms that they are physically fit and able to operate a tractor trailer. See 49 C.F.R. § 391.43. A road test must be passed by the truck driver. See 49 C.F.R. § 391.31,.35. Drug testing must also take place on a pre-employment basis and anytime after an accident occurs. See 49 C.F.R. § 382.301,.303,.305.

In order to prevent driver fatigue, there are strict limits on the number of hours that a driver may stay on duty. See 49 C.F.R. § 396.3,.5. To documents that drivers do not go over the allocated hours, they must maintain accurate and up to date logs of their time of duty and time on the road. See 49 C.F.R. § 395.8. Truckers may not drive at all once a driver has been on duty seventy hours in any eight consecutive days. See 49 C.F.R. § 395.3.

Companies that do not monitor compliance with these safety regulations can be held liable for their failure to do so. Drivers may commit negligent acts that give rise to civil liability for money damages and their employers can be held independently liable if they do not do enough to prevent accidents caused by safety violations. In every truck case involving serious injury or death, the trucking company’s records should be subpoenaed to make sure that safety regulations were followed. If not, as is often the case, additional damages can be awarded against the trucking company for proven safety violations.

Under the Federal Motor Carrier Safety Regulations, a truck driver may not be hired, nor may he operate a tractor trailer, unless certain employment criteria are met. One set of criteria deal with the prospective truck drivers qualifications to drive a truck. In this regard, a federal motor carrier must check the drivers driving records for the past three years in every state in which the driver has held a license. See 49 C.F.R. § 391.23((a)(1)). Prior employers for the past three years must be contacted, and the trucking company considering hiring the driver must ask about the driver’s employment status and quality of work. Written notes are required to be retained regarding each contact with each prior employer. See 49 C.F.R. § 391.23(d). Additionally, a road test must be passed by the truck driver. See 49 C.F.R. § 391.31,.35.

To ensure that truck companies hire safe truck drivers, all collected records about the driver must be maintained by the trucking company at the principal place of business of the motor carrier for as long as the driver is employed and for a minimum of three years after he is no longer employed. Obviously, the purpose of this requirement is to make sure that trucking companies not only hire safe drivers, or at least attempt to do so, but that they maintain their records documenting what they did to ensure that they comply with the law in this regard.

Those trucking companies that fail to verify what is required of them before they hire a driver can be sued for negligently employing an unqualified, unsafe or unfit driver. Punitive damages can also be imposed under Georgia law because a violation of a federal safety regulation is a crime, a misdemeanor punishable by up to one year in jail. If an unsafe driver causes injury to another and it can be established that the employer truck company failed to comply with federal safety regulations, the trucking company can be held liable for its own violations of the law as well as for the negligent acts of the driver. Thus, in any case involving serious personal injury or wrongful death in which a truck is involved, employment records should be subpoenaed to verify compliance with mandatory safety regulations.

Our Atlanta car accident attorneys have been involved in numerous cases in which tire failures have resulted in serious injury and death. We are currently involved in a Georgia case in which a defective tire failed on a dump truck resulting in the death of our client’s wife.
Last week, the National Highway Traffic Safety Administration advised that the risk of a serious crash during hot weather can be heightened by tires that are worn out, under-inflated or too old.

NHTSA research shows that hot weather – and overloaded vehicles – can add significant stress to a tire, especially if it is not properly inflated. Old tires also are subject to greater stress, which increases the likelihood of catastrophic failure. Tire condition is important for all vehicles, but it is especially critical for those more prone to rollover when tires fail. That would include sport utility vehicles (SUVs), pickups or other vehicles with a higher center of gravity.

Some tire and vehicle manufacturers, including Ford Motor Company, have issued recommendations for replacing tires that range from six to ten years of age. Consumers are advised to check with their tire or vehicle manufacturer for specific guidance. The age of a tire can be determined by checking the identification number on the sidewall that begins with the letters "DOT". The last four digits represent the week and year the tire was manufactured.

Tire inflation can be checked with an inexpensive gauge, using the vehicle manufacturers’ recommended pressures, which are found on the driver’s side door pillar or in the owner’s manual.

To reduce the risk of a crash, NHTSA Administrator Nicole Nason urged motorists to have tires, including the spare, checked

Automobile collisions often cause serious spinal cord injuries. If the trauma suffered by the victim is severe enough it can cause either temporary or permanent paralysis. Studies have indicated that as many as fifty-five percent (55%) of all paralysis cases typically result from some type of collision involving a motor vehicle, usually a truck, motorcycle or car.

The types of spinal cord injuries we have seen in our personal injury practice include automobile accidents associated with vehicular rollovers and roof crushing. When a rollover accident causes roof crush, passenger space is depleted which contorts the victims into positions that put stress onto the spinal cord, in some cases causing paralysis. While we have seen paralysis resulting from work accidents, sport accidents, and other activities, the majority of the clients we have represented who have suffered this type of terrible injury are those involved in tractor-trailer and very serious car collisions.

Because paralysis is life altering, as is true of any other serious injury or wrongful death case, it is necessary that competent counsel be engaged as quickly as possible. If there is third party liability, investigation of the facts while they are fresh is crucial. If too much time elapses, it may be difficult to establish third party liability. Moreover, key evidence can disappear and crucial fact witnesses can be difficult to locate. While the victim and his or her family are oftentimes overwhelmed by the initial medical problems associated with these conditions, family members should remember that the long term sequelae of traumatically induced paralysis is best addressed by a prompt and thorough investigation of the facts that lead to that condition. If long term effects of the incident are to be addressed, such as, long term lost wages, permanent disabilities and long term future medical costs, the best way to do so is by insuring that a prompt and thorough investigation is undertaken by competent counsel experienced in such case. Finch McCranie, LLP has the experience to handle these issues and has a reputation of doing so professionally, competently and thoroughly.

It has been estimated that there are approximately 135,000 new amputations occurring each year in the United States. Twenty-two percent (22%) of these amputations (about 30,000) are estimated to be caused by traumatic events such as tractor-trailer collisions, car crashes and on the job injuries. These serious personal injury cases affect almost all aspects of an individual’s life and typically present difficult periods of recovery for the victims of such injuries.

For those who are unfortunate enough to have experienced a traumatic amputation, there will be not only physical problems, but also emotional problems. Participation in a comprehensive rehabilitation program is very helpful in the recovery phase. A coordinated team approach with physicians, therapists, social workers and psychologists will provide the best approach to the medical care of such an individual.

Many amputees experience problems with body image and difficulty coping with life style changes in a variety of ways. People with amputations frequently go through a grieving process which is similar to dealing with the death of a loved one. Amputees can also have problems about their sexuality. Obviously, there are also significant issues concerning the ability to participate in recreational activities and employment.

Because amputation cases caused by trauma involve so many different aspects of a victim’s life, it is necessary that such a victim receive not only adequate medical care but, in appropriate tort cases involving negligent acts committed by others, competent legal representation. A Life Care plan taking into effect the long term sequellae of these serious injuries needs to be addressed by counsel in these cases, particularly where there are employment related issues.

Because current medical costs may be less than anticipated future medical costs (e.g. many times prosthetic devices have to be replaced on numerous occasions), it is necessary to consult with an experienced Life Care planner in approximating future medical costs before addressing the issue of settlement in any serious bodily injury case involving an amputation.

Continue reading "After Effects of Traumatic Amputations" »

Truck driver fatigue is a factor in a significant number of truck accidents involving deaths and other injuries, according to the Federal Motor Carrier Safety Administration, the government agency generally in charge of promoting trucking safety. Consistent with the Bush administration’s continuing policy of protecting the interests of big business (at the expense of the public), in 2004, the federal government catered to the trucking industry and its lobby by changing the rules concerning hours that a trucker may drive. The rules actually increased the permissible driving hours and resulting trucker fatigue hazard. An article on the Insurance Institute For Highway Safety (IIHS) website even pointed out that since those new hours - in-service rules went into effect, truckers have been driving more hours and falling asleep more frequently.

Bureaucrats changing the rules, meant to protect the public, to circumvent congressional intent are nothing new to the current administration. We have seen similar conduct with respect to agencies like the Federal Drug Association (FDA). For instance, in January of this year, the FDA issued a proposed rule which directly contradicts Congress’ expressed intent when it passed the Food and Drug Administration Amendment’s Act of 2007 (FDAAA). Unlike the FDA’s proposed rule, Congress intended the duty to warn customers of a drug’s hazards rests with the drug company, who is in the best position to warn about problems associated with the drug. However, under the FDA rule, drug companies will enjoy more relaxed labeling requirements and will use the rule to claim immunity for failing to warn patients of potential drug hazards.

Our Atlanta personal injury lawyers know that truck accidents on Georgia’s freeways continue to leave a legacy of death, paralysis, closed head brain damage and other personal injuries for numerous innocent victims.
I have read that almost 5,000 people are killed each year in truck-related crashes. Because of their size and often dangerous pay loads, automobile accidents involving commercial trucks are devastating to pedestrians and occupants of other vehicles. I was recently reading about the increase in Mexican truck traffic on U.S. highways since the passage of the North American Free Trade Agreement (NAFTA). By way of a little history, a 1982 U.S. ban kept Mexican trucks off most of the highways of our southern border states, leaving truck accidents to the domestic trucking industry. However, even after NAFTA took effect in 1994, the ban held until a 2004 U.S. Supreme Court ruling removed the ban and opened wide the gates to Mexican truck traffic. Despite efforts by consumer organizations concerned about truck accidents, car accidents, exhaust pollution and other public-safety issues, eventually Mexico-based trucks were allowed freely onto America’s roads. Given the likely substandard condition of these trucks, the likely lack of regulation of that industry in Mexico and the likely absence of driver training one has to wonder what the future holds. The reality is that we are all at greater risk of car accidents.

There is a well-kept secret of the insurance industry - one unknown to most personal injury victims of car accidents, truck accidents, SUV roll-overs and other motor vehicle crashes: Namely, Georgia state law automatically includes “uninsured or underinsured motorist coverage” (UM/UIM) in the typical auto liability insurance policy. However, in Georgia, that is not the case if the policyholder rejects that coverage in writing at the time the liability coverage is purchased or renewed. Uninsured motorist coverage or Underinsured motorist coverage exists to provide the policyholder (and certain others) with protection from “the other guy” who either has no liability insurance coverage, or has less coverage than the total of all of the personal injury victim’s legal losses - - called “damages” - such as pain and suffering, mental anguish and so on. In Georgia, each policy should have a minimum of $25,000.00 of such UM/UIM coverage.

It has been our experience that uninsured motorist (UM/UIM) coverage is usually quite cheap. Given the number of uninsured drivers and drivers with the minimum required coverage ($25,000.00) on Georgia’s roads, this coverage is a bargain. It is our belief that because the coverage is cheap and the chances that they will have to pay uninsured motorist claims is high, insurance companies rarely try to sell this coverage and are more than happy to have you waive your right to the coverage. Never decline uninsured motorist coverage and always try to purchase additional coverage if possible.

Truck wrecks occur more often than one would think in and near a busy city like Atlanta. When they do occur people often sustain very serious injuries and many such accidents result in the death of innocent people. The injury lawyers in our firm have “seen it all” when it comes to the causes of these tragedies. These causes run the gamut and include everything from simply not paying attention to driving under the influence of drugs and alcohol. We have even had a case where the driver switched seats with another driver while speeding down an interstate highway with a trailer loaded with steel.

When evaluating an injury or death case a lawyer must consider which theories of liability he will employ to hold the driver and the trucking company responsible. These may include: (1) negligent hiring, entrustment or retention of a driver, (2) negligent inspection, maintenance or repair of the truck and violations of Federal Motor Carrier Safety Regulations. Many times, insurance companies that insure trucking companies actually make hiring decisions of drivers. Depending on the facts of a case, there may even be a negligent entrustment claim that can be made against the insurance company for the motor carrier. A good lawyer will leave no stone unturned when handling a truck wreck case.

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 10:

10. Is my case likely to settle or will it go to trial and, if so, how long will the process take?

Answer: Over 90% of all serious injury claims are settled by means of compromise. While every case is different and dependent upon the facts involved, most cases do settle but sometimes it takes considerable time to achieve a settlement. This is because there are always unique issues concerning whether the at fault defendant’s liability is indisputably established and whether they have sufficient insurance coverage to pay all damages caused by their negligence. If there is sufficient coverage, and damages are clearly demonstrated, settlements can occur on a quicker basis than those cases where liability is disputed and/or the damages are difficult to assess.

Many times, injured individuals have prior medical histories which complicate settlement discussions. If someone with a bad back is injured in a hypothetical automobile collision, in such a case it is always difficult to separate the wheat from the chaff. Was the back already injured such that the new injury merely constituted an aggravation and, if so, to what extent was the problem aggravated by the trauma? These are difficult questions to resolve and many time reasonable men can differ over the value of such claims. The good news, again, is that in 90% of all cases, a compromise is worked out and a settlement achieved.

The time it takes to resolve a serious injury case, again, is dependent upon the facts involved. The clearer the evidence the quicker the settlement. The more ambiguities are involved in the case with respect to the issue of liability for the damages and the damages, the longer the process takes.

Continue reading "Georgia Serious Injury Cases: Frequently Asked Question Number 10" »

Our Atlanta truck wreck lawyers handle automobile accidents involving personal injury and death claims frequently. Many of those accidents involve tractor trailers owned and operated by trucking companies, also known as motor carriers. These trucking companies fall into two categories: (1) interstate carriers and (2) intrastate carriers. Interstate carriers are those that operate and carry cargo across state lines and intrastate carriers operate entirely within the boundaries of a particular state. Those trucking companies that operate across state lines are required to register with the federal government and comply with various federal laws. Intrastate carriers need only comply with state laws although some states have adopted federal regulations as their own. Lawyers who litigate truck wreck cases are familiar with these laws and carefully scrutinize the facts of a case to determine whether there has been compliance by the truck driver and the trucking company. There are very important differences between the federal regulations that apply to interstate carriers and those regulations that apply only to intrastate carriers, none the least is the difference in the amount of liability insurance they are required to carry.

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 7:

7. If the at fault driver has no insurance coverage whatsoever, can I recover for my injuries under my own policy?

Answer: The answer is yes but only if you have uninsured/underinsured coverage under your own automobile policy. If an at fault driver is driving illegally without insurance, he or she is considered to be uninsured by operation of law. There simply is no insurance coverage and therefore they meet the definition of an uninsured driver. Thus, if you are injured by an at fault driver who has no insurance coverage policy at all, if you have been wise enough to purchase uninsured/underinsured motorist coverage as part of your own policy, you can file a claim against your carrier.

The good news here is that the premiums for an innocent insured cannot be raised if a claim is made for uninsured motorist coverage. Thus, in a hypothetical case where an individual causes an accident and he or she has no insurance coverage, one can make an application under one’s own policy for uninsured motorist coverage without a rise in their premiums. The law forbids an insurance company from raising the premiums of their insured simply because a claim is made particularly in the context of a claim being made by an innocent third party who has done nothing wrong but has only made a claim for paid coverage, the claim being necessitated by the acts of an at fault third party.

All of our readers are well advised to review their insurance policies carefully to determine whether they have uninsured/underinsured coverage. If they do not, we would recommend that they meet with their insurance agent, review their budget and purchase as much uninsured/underinsured coverage as is possible. This type of coverage protects the policyholder from the situation where the at fault driver has no insurance coverage or is underinsured, meaning that they have less insurance coverage than would provide complete compensation for the damage inflicted. We encourage all of our clients to study their policies to make sure that they have carefully reviewed this very significant issue and in situations where the family budget will allow the purchase of such coverage, it is a wise investment and form of protection that may be needed and could be crucial in a particular case, particularly where serious injuries are involved.

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 4:

4. If I obtain a settlement from the at fault defendant, do I have to pay taxes on my settlement?

Answer: Restitution for a loss is not considered to be income. According to the majority view and interpretation of current IRS law, if an injured individual obtains a settlement from an at fault third party, that settlement is not taxable. There are exceptions to this rule, however, with respect to punitive damages. If a jury returns a verdict for punitive damages in addition to compensatory damages, the punitive damage portion of the verdict is taxable. To date, most experts seem to agree that any verdict returned in a personal injury case is not taxable absent a verdict for punitive damages as well. This is the general view of the tax laws as pertains to personal injury settlements. While different variations of a claim could subject a particular claim to taxation, most tort claim settlements are not taxable because the monies obtained in settlement are not considered to be income by the IRS but rather are considered to be restitution for a loss, something by definition separate and distinct from traditional forms of income.

As personal injury attorneys who handle many cases involving very serious injuries, we are frequently asked questions by clients and family members about matters commonly of concern to them. In order to provide our readers with some general guidance about serious injury cases in Georgia, we have decided to do a series of blogs on frequently asked questions in the context of such cases. This entry shall address the first of many of such questions, with future blogs on other FAQs to follow.

1. Who pays for my medical bills while I am recovering from my injuries?

Answer: You do. In Georgia, we do not have a “Pay As You Go” rule. In a hypothetical automobile accident where it is admitted that the other driver is at fault, there is still no duty of that driver or his insurance company to pay medical expenses for the injured victim as they are being incurred. Instead, the injured individual is required to use his or her own resources to pay for medical expenses as they are being incurred. If the expenses incurred exceed available insurance coverage, the insurance carrier for the at fault driver may decide to tender available coverage without further delay, but there is no legal requirement that they do so. However, if the medical expenses being incurred do not exceed available coverage, typically, such bills will not be paid until all medical reports are made available for review to make sure that the incurred medical expenses are related to the injuries caused in the hypothetical collision. Thus, in Georgia, as in many other states, it is imperative that the public protect itself through health insurance where it is possible to do so for budgetary and other reasons. If someone does not have health insurance, it then becomes difficult to obtain necessary medical treatment after one has been injured. Nonetheless, the at fault driver and its insurance carrier do not have to pay for necessary medical treatment after an accident, rather, the injured individual must pay for his or her own treatment and then seek reimbursement from the at fault driver and insurance carrier for those expenses later.

Another way that the public can protect itself is to purchase as part of their own automobile insurance policies what is known as Medical Payments coverage. Medical Payments coverage is paid regardless of fault if such medical expenses are incurred as a result of an automobile accident. Even without health insurance coverage, the public can protect itself by purchasing Medical Payments coverage as a part of their own automobile liability insurance policy. While all drivers are required to purchase minimal amounts of liability insurance coverage to protect other drivers, the public may protect itself through Medical Payments coverage which can pay medical expenses up to the limits of such coverage regardless of fault provided the expenses are proven to have arisen out of an automobile accident. This coverage can be important in serious injury cases because if the injured individual does not have other available health insurance then the medical payments coverage can pay medical expenses as they are being incurred, regardless of fault.

Our truck accident attorneys constantly handle cases involving dangerous trucks and tractor-trailers on the highways. Now, it appears even more dangerous trucks will begin appearing on the U.S. highways after the Bush Administration last week opened the roads of this country to another Mexican trucking firm. There are now 12 Mexico based trucking carriers which have been granted authority to operate in the United States.

The consumer interest group Public Citizen has issued a strong condemnation of this action taken under a provision of the NAFTA treaty which has started to allow large trucks and tractor - trailers open access to U.S. highways. Through its President, Joan Claybrook, former administrator of the National Highway Traffic Safety Administration, the organization issued the following statement:

Today, the Bush administration spat in the public’s face by allowing full access to U.S. roads to yet another Mexico-based carrier — despite Congress’ clear intent that the reckless NAFTA trucking pilot program be brought to an end.

The Federal Motor Carrier Safety Administration (FMCSA) announced today that the Baja-based carrier Madereria Las Lomitas is now authorized to send a truck throughout U.S. roads. That means 12 Mexico-based carriers are now sending 57 trucks across the U.S. and are no longer restricted to the border zone. This announcement comes on the heels of the administration’s shocking statement that it would continue with the NAFTA trucks pilot program even though President Bush last month signed into law an omnibus appropriations bill that cut all funds for the program.
FMCSA’s purposeful defiance blatantly disregards the newly passed federal law. The appropriations provision prohibits using any funds to “establish” a pilot program. The dictionary’s definition of “establish” includes “to introduce and cause to grow and multiply.” FMCSA has told reporters that the law bars only the “establishment” of new pilot programs and that its current pilot program — the exact same one that prompted Congress to cut off funding — was “established” in September 2007. Yet FMCSA continues to authorize new carriers, further “establishing” the program in any meaning of the term.

This dubious interpretation isn’t just tortured logic — it’s a willful repudiation of the clear intent of Congress to end this pilot project. Congress has repeatedly and overwhelmingly denounced the flawed program as dangerous and unjustified. The Bush administration’s insistence on pushing forward, despite requirements to put the public’s safety first, forced Congress to cut funding for the project.

It is absolutely unacceptable for the administration to pick and choose the laws it will respect. FMCSA has no basis to ignore this law and in doing so shows it has no regard for the well-being of American drivers.

On November 15th, United States Senator Dianne Feinstein of California wrote to the U.S. Department of Transportation urging the department to revisit its efforts to improve highway safety by requiring electronic onboard computers on all large trucks and tractor trailers. Senator Feinstein’s letter was prompted by two recent deadly accidents on California interstates involving tractor-trailers. In the letter, Senator Feinstein discussed the risk of long distance truck driver fatigue and requested information about current efforts to address what she deems to be a growing problem.

According to Senator Feinstein’s letter, the regulations which require truck drivers to record their hours of service in written log books continues to tempt drivers to falsify their books, and allow them to drive in excess of the hours deemed safe.

A study by the Insurance Institute for Highway Safety revealed that about a third of the drivers admit to often or sometimes omitting hours from their log books. Feinstein’s letter pointed out that even more disturbing, the Institute report disclosed that the percentage of drivers who reported dozing at the wheel at least once during the past month rose from 13% in 2003 to 21% in 2005.

In February, the Federal Motor Carrier Safety Administration (FMCSA) proposed to mandate electronic onboard recorders for motor carriers that display a pattern of violating the hours of service regulations. The FMCSA estimated that if its proposed rule were in effect, about 930 motor carriers employing about 17,500 drivers would be subject to it. The threshold for mandatory onboard recorders would be a finding based on review of hour of service records on each of two compliance reviews conducted within a two-year period that the carrier had a 10% or greater violation rate for any of the major hour of service regulations. Such carriers would be required to install recorders on all their commercial vehicles for a period of two years.

As previous blogs have disclosed, it is relatively easy and cost effective to install electronic monitoring devices on large trucks and tractor-trailers. Senator Feinstein’s efforts which would require all trucking companies to monitor and record electronically hours of service, would no doubt lead to safer highways for everyone.

Our serious injury lawyers handle many cases involving collisions between large trucks and automobiles. As large truck and tractor-trailer traffic rises on the nation’s highways, at least nine states are considering proposals to separate big rigs from cars on interstate highways. By designating certain lanes as “truck only” lanes, the states are hoping to reduce congestion, improve safety and increase commerce by allowing goods to move faster. Georgia, Ohio, Nevada, and several other states are studying a design to build or designate “truck only” lanes on various stretches of interstate highways. Georgia’s plan, would initially give consideration to “truck only” lanes on a 27 mile stretch of Interstate 75 northwest of Atlanta and a 20 mile stretch of Interstate 285 around the city. This proposal was considered after truck congestion in the area was predicted to increase by up to 60% in the next 20 years. At this time, we are aware of only the state of California having “truck only” lanes. California presently has two “truck only” lanes which cover only very small sections of highway.

Some experts contend that “truck only” lanes are a good idea for safety reasons alone. In 2005, it is estimated that 442,000 large trucks were involved in crashes. As we have blogged before, many of these tractor-trailer and large truck accidents involved automobiles, and in many of the cases, the drivers or passengers in automobiles were seriously injured or killed.

Many trucking advocates contend the “truck only” lanes would increase the opportunities for significant improvements in the transportation of freight on highways. According to these advocates, the key benefits of “truck only” lanes would be four fold. First, the public would be far less exposed to the risk of car/truck crashes. This wouldnot only save lives and prevent injury, but would also be an economic benefit to the trucking industry. Second, with lower traffic volumes in the lanes, trucks could operate more efficiently with reduced need for braking, accelerating and overtaking. Third, the added capacity would help alleviate congestion thereby reducing travel time and uncertainty of arrival time. Fourth, the argument for greater use of longer vehicles would be strengthened because they would not operate in the same lanes as passenger vehicles.

In general, passenger vehicles would benefit from “truck only” lanes in three ways. First, safety would improve. Second, the quality of the traveling experience would improve as motorists would be less concerned with having to move around large trucks. Third, “truck only” lanes would help improve speeds for passenger cars.

However, the issue of financing the construction of “truck only” lanes is extremely controversial. One estimate is that the cost of constructing a “truck only” lane alongside an existing rural interstate would cost approximately $2.5 million per lane mile, plus land acquisition costs. Obviously, the cost would vary considerably, depending on right-of-way availability, the topography of the land, the need for bridges and additional entrance and exit ramps.

Most proposals have assumed that the new lanes would be paid by tolls. Many questions arise about the appropriate level of tolls, which users should pay the tolls, and the extent to which tolls can cover the full cost. Predictably, most trucking industry representatives are opposed to placing the cost of constructing such lanes solely on the back of the trucking industry. The American Trucking Association has argued that truck operators help pay for the cost of current lanes so they have an equity position in them. They argue that to the extent this is true, a credit for this equity should be applied to the cost responsibility for the additional lanes to be constructed.

Our wrongful death and serious injury lawyers work with our clients on a contingency fee basis. The contingent fee is perhaps the one device that gives seriously injured people, no matter what their financial means, an even break in the courtroom against giant corporations and insurance companies. Contingent fee practice has been an essential part of the United States justice system for more than a hundred years. It permits every American regardless of wealth or social standing the opportunity to pursue a valid claim against even the most powerful corporation or individual. In a large measure, it has made our judicial system the envy of the world. It is no surprise that it has been under almost constant attack for years by corporations and insurance companies.

Increasingly, there have been calls by organizations sponsored in secret by large corporations and insurance companies, to abolish the contingency fee. Big businesses and individuals who want to avoid accountability for their negligent and reckless acts are pushing for special protections in state legislatures and in the U.S. Congress. These wrongdoers have initiated a less obvious line of attack on the American consumer, an attack that directs itself not of the consumer, but an easier target, the lawyers that represent them. Many of these attacks are coordinated by the U.S. Chamber of Commerce.

Without the contingency fee, many people would never be able to bring a claim to redress wrongs done by large corporations and powerful individuals. In essence, the contingency fee allows a lawyer to advance his services and time in return for a percentage of the recovery. In this day and age, due to increasing burdens placed by the legislatures on claimants, the cost of bringing a lawsuit are extremely high. In fact, almost none of our clients could afford to bring a lawsuit without the contingency fee.

The assault on the contingency fee is nothing more than an attempt by powerful interests to deny access to justice to tens of thousands of Americans who are injured each year due to another’s wrongful acts.

In serious injury and death cases our attorneys consistently face challenges from the defense to the testimony of our highly qualified expert witnesses. These challenges are based upon the rule of evidence known as the Daubert standard.

The Daubert standard is a legal precedent set in 1993 by the United States Supreme Court regarding the admissibility of expert scientific testimony during legal proceedings. In Daubert, the Supreme Court ordered federal trial judges to become the “gatekeepers” of scientific evidence. Trial judges were instructed to evaluate expert witnesses to determine whether their testimony is both “relevant” and “reliable”.

A two-prong test of admissibility was established. The relevancy prong refers to whether or not the expert’s evidence fits the facts of the case. The relevancy requirement has always existed in the law.

The reliability prong was new. The Supreme Court explained that in order for expert testimony to be considered reliable, the expert must derive his or her conclusions from the scientific method. The court then offered general observations of whether proffered evidence was based on scientific method including such things as empirical testing, peer review, the potential error rate, and whether the theory or technique is generally accepted by a relevant scientific community.

In practice, this standard has been burdensome, and grossly unfair to claimants in courtrooms. Trial judges are simply in no better position than juries to serve as “gatekeepers” to scientific evidence. In fact, many of these judges bring their own biases to their determinations. One example given is that under this standard, if Christopher Columbus were required to appear in a courtroom during his lifetime using the Daubert standard, his opinion that the world is round would have been inadmissible.

As part of the so-called Governor’s tort reform of 2005, the Daubert standard was adopted by the state legislature for use in Georgia. However, bowing to pressure from the Prosecuting Attorney’s of the state, who realized how gross unfairness of the Daubert standard, the governor and legislature exempted criminal cases from the Daubert standard. However, catering to the demands of the insurance industry and large corporations, the legislature adopted the Daubert standard for civil cases.

Currently pending before the Georgia Supreme Court is a case in which the Daubert standard is being challenged on constitutional grounds. An argument is being made that it denies equal protection to adopt the standard in civil cases and not in criminal cases. It will be very interesting to see how the Georgia Supreme Court handles this challenge, especially in light of the fact that in recent years, large insurance companies and corporations have thrown millions of dollars into the judicial races in attempts to elect candidates who will follow their agenda.

Our truck accident attorneys review cases every week in which large trucks, exceeding the posted speed limits or traveling too fast fopr conditions, have been responsible for serious injuries and deaths.

We have previously blogged concerning the organization, Road Safe America, located here in Atlanta, Georgia, describing the excellent work they do in attempting to make the nation’s highways safer. Road Safe America has been leading a campaign to influence federal transportation officials to promulgate regulations requiring devices on commercial trucks to limit their top speed to 68 mph. Interestingly, the idea is supported by many large trucking companies and opposed by many smaller independent carriers.

Data for the year 2005 revealed that truck accidents involving large trucks and/or tractor trailers killed 5,212 people. Of those, 803 were truck occupants, 3,944 occupants of other vehicles, and 485 pedestrians or bicycle riders.

Steve Owings, founder of Road Safe America, whose son was killed in a big rig accident in 2002, has enlisted the support of the American Trucking Association for his effort to limit the speed of large trucks on the nation’s highways. The proposal has already been approved by the Governor’s Highway Safety Association, which advises states on traffic safety issues. The Governor’s Highway Safety Association Board of Directors found the speed limit proposal to be “very reasonable”.

Most independent truckers oppose the idea because it would force them to drive slower. As we have blogged before, in the trucking industry, miles covered equals money earned. Therefore, the incentives are for independent truckers to drive faster speeds to cover more miles in order to earn more money.

Many of the large tractor trailers on the road today are already equipped with ECM devices which could be easily programmed to act as governors, limiting the speed the big rigs can travel. We feel this is an imminently reasonable proposal, which will more than likely save many lives every year on the highways.

Our serious injury lawyers have previously written about the importance of uninsured motorist coverage. There are many nuances in the Georgia uninsured motorist coverage statutes and case law with which every attorney should be familiar.

One principle, pronounced by the Supreme Court in Thurman v. State Farm Mutual Auto Insurance Company, 278 Ga. 162, 598 S.E.2d 448 (2004) involves uninsured motorist benefits after payment of subrogation claims to health and/or workers’ compensation insurers. In Thurman, the Supreme Court held that reimbursement to a health or workers’ compensation insurer reduced available coverage under the liability policy, thereby making UM coverage available.

The plaintiff in Thurman was a postal carrier for the United States Postal Service who was injured on the job when her truck was struck by a vehicle driven by the defendant. The plaintiff filed suit against the defendant for more than defendant’s insurance policy with limits of $100,000. Eventually, the plaintiff and her husband settled with the defendant for the amount of $95,550.19, policy limits reduced by the amount paid the United States Postal Service for damage to the postal truck.

Because the plaintiff had received payments for lost wages and medical expenses from her employer’s workers’ compensation carrier pursuant to the Federal Employees Compensation Act and from her employer’s group health insurance carrier pursuant to the Federal Employees Health Benefits Act, those two carriers claimed subrogation rights from the proceeds of the settlement. The defendant’s liability insurance carrier issued three checks, one to the plaintiff, one to the worker’s compensation carrier, and one to the group medical insurance carrier. As a result, the plaintiff received $60,887.87.

The plaintiff then turned to her uninsured motorist carrier, State Farm, contending that the defendant was uninsured since their $75,000 in UM coverage exceeded the net proceeds, $60,887.87, which they received from the liability carrier. The trial court granted summary judgment to State Farm and the Court of Appeals affirmed.

The Supreme Court granted plaintiffs petition for writ of certiorari. In it’s holding, the Supreme Court determined that the subrogation payments made by the defendant’s liability insurer for the worker’s compensation carrier and to the group medical insurance carrier constituted a “payment of other claims or otherwise” which thereby reduced the amount of available coverage under the defendant’s insurance policy to less than the amount of UM coverage the plaintiffs had with State Farm.

This is a very important holding. It is essential that every attorney practicing serious injury law be aware of this case. Failure to obtain available coverage under a UM policy under the circumstances addressed in Thurman would be a disservice to one’s clients.

Our lawyers frequently encounter heavy truck collision cases involving death and serious injury where the truck driver is in violation of federal regulations concerning the hours that can be driven in a given period. As we have written before, driver fatigue is a serious and potentially deadly problem.
Federal regulations permit a truck driver to drive a maximum of 11 hours after 10 consecutive hours off duty. They can drive a maximum of 60 hours in a seven-day period or 70 hours during an eight-day period. Before starting a shift that will run for seven or eight days straight, they must take off 34 or more consecutive hours.Last year authorities investigating a Florida crash that killed seven children discovered that, except for a brief nap, the truck driver involved had been awake but not necessarily driving for more than 34 hours before the accident. The tractor-trailer he was driving struck the rear of a car carrying the children. The car had been stopped behind a school bus dropping off students.

Estimates on the role driver fatigue plays in truck accidents differ. As many as 30 percent to 40 percent of heavy truck accidents may be related to truck driver fatigue, according to data from the National Transportation Safety Board.

Florida ranked 21st, tying with Delaware, for the number of truck crash deaths per 100,000 people in 2004, with 2.17 deaths, according to data from the 2004 Fatality Analysis Reporting System and the National Center for Statistics Analysis. Wyoming was first with 8.08 deaths per 100,000 people. Hawaii was last with 0.32.

Many in the trucking industry blame shippers, not trucking companies, for the pressure some drivers are under to deliver. We have seen many cases in which truck drivers falsify logbooks so they can make up time and mileage. In many of these instances, when confronted with the falsified data, the drivers have responded that if they did not drive in excess of the mandated hours they would lose their jobs.

As Georgia injury lawyers, it is not uncommon for us to review potential wrongful death claims involving truck driver fatigue. We often see this in the context of tractor-trailer accidents where the truck driver has fabricated his driver’s log and/or driven far in excess of his allowable hours. Many times there is demonstrated sleep loss involving the use of amphetamines, methamphetamines or other stimulants used by the driver to overcome the fatigue.

According to a newsletter we recently ran across published by a well respected truck safety organization, there is an interesting correlation between sleep loss, fatigue and the serious impairment caused by being legally drunk. Studies have shown that the impairment from sleep loss and long working hours are almost the same caused by alcohol consumption. The longer one is awake, the slower the reaction time. If one gets too little sleep (4 or less hours) this is equivalent to the effects of .05% blood alcohol for the long working hours. In one study, where people were kept awake for 24 straight hours, the slowed perception reaction time had approximately the same effect as .10% blood alcohol level which is above the level (.08%) now nationally recognized as being legally drunk. Thus, it can be clinically demonstrated that if one loses sleep for a long period of time one’s perception and reaction time is dangerously slowed.

In our personal injury practice we often see the evidence of serious impairment caused by fatigue and lack of sleep. The end result of such fatigue we see in our practice is a serious collision. Increasingly, we see this particularly in the context of truck drivers who are trying to increase their wages by driving longer and longer hours and greater and greater distances. Even though large trucks make up just 4% of all registered vehicles, and 7% of all vehicle miles traveled, the same trucks are involved in 11% of all crash fatalities. This year, as in years past, approximately 5,000 people will be killed in truck crashes and collisions throughout the country. We know from our experience that many of these crashes are preventable and would not occur if drivers kept shorter hours and were not seriously impaired by fatigue. While commercial airline pilots typically fly only about 30 hours a month, most truck drivers drive around 300 hours a month. For some reason, this has become acceptable in the workplace even though the number of people killed in truck crashes annually exceed the number of people that are killed in major airline crashes. Query why this is so?

With improvements in technology, before long, employers and trucking companies will be able to monitor precisely the hours being kept by their truck drivers. We can only hope that legislation will follow which mandates that employers not only monitor the number of hours driven but also the number of hours taken by the driver to rest. Too many hours driving means too much fatigue which also means possible impairment of perception and reaction times. Because we see the end result of this, which is serious injury, death and tragedy for our client’s families, and we can only hope that the speed of technology will continue to develop to the point where trucking companies will have no choice but to monitor and address the significance safety issues caused by driver fatigue.

As a Georgia personal injury lawyer, it never ceases to amaze me how the trucking industry lobbies to limit the rights of victims who either suffer wrongful death or serious injuries in truck accidents caused by negligent, careless, or drunk drivers.

In researching an issue last week, I ran across a website of the American Trucking Association who proudly listed, on a state-by-state basis, some of their legislative efforts to deny accident victims fair compensation. They published their "Tort Reform Scorecard 2006". Rather than concentrating their efforts on driver safety and other ways of preventing human tragedy caused by the negligent, if not criminal, operation of their trucks, they invest in trying to change the laws to limit what they have to pay to fairly compensate people with serious injuries. They seek to eliminate joint and several liability, limit or eliminate punitive damages and attorney fee awards. In some states, like Georgia and Alabama they have backed legislation limiting damages for non-economic damages.

Our firm recently settled a wrongful death case involving a truck driver using drugs who was found to have been hiding vials of urine under his belt in case he got caught and was subjected to drug testing!

In another recent case involving serious spinal injuries to our client, the truck driver switched driving positions with his friend who happened to be riding along for company. This friend who had no commercial drivers license had recently been scheduled for back surgery because he had a spinal cord injury as a result of being struck by lightening. The friend was taking prescription narcotic pain medication to ease his back pain and he had numbness in one of his legs. To top it all off they switched seats going south on I-75 at 70+ mph with a load of steel on the trailer!!

It is maddening to hear the trucking industry and other groups tout their alleged accomplishments which they refer to as tort reform. Trucking companies as well as all other businesses should be able to be held accountable for the actions of their employees who injure or kill innocent people and they should be required to make such victims completely whole for all of the damages those victims or their families sustain. "Reform" which limits an innocent victim's rights in favor of a corporations bottom line is wrong.

We recently read a blog posted by Ronald Miller in his excellent Maryland Injury Lawyer Blog about an interesting correlation which exists between truck driver compensation and safety outcomes. According to a study by Cornell University (about which the Miller wrote), the more a truck driver is paid the less likely he is to engage in risky behavior. This actually seems to be common sense. Those drivers who have to drive too many hours or drive while fatigued are obviously doing so in order to increase their wages. If they were paid a fair wage based on reasonable work hours and driving conditions there would be no reason for them to engage in such risky behavior. Regrettably, the anecdotal experience we have as lawyers here in Georgia tends to indicate that the study conducted by Cornell University is absolutely “spot on”.

A case we are currently handling is a good example of this interesting correlation. In this case, the truck driver was paid by the mile. The more miles he drove, the more money he made. Unfortunately, his mileage rate was lower than is customary and thus he had to work long hours and drive while fatigued to make a decent wage. Of course, this was a deadly mixture because this driver, in order to keep driving such long hours and distances began taking methamphetamine and amphetamine and finally cocaine. The term “speed ball” is almost an industry term by now base on this phenomenon and refers to drivers who are hyped up all the time on stimulants in order to allow them to drive longer and longer hours and greater and greater distances. Why? To increase their compensation.

The attorneys here at our office certainly can attest based on our experience in handling many such cases that truck drivers will speed and drive without proper rest in order to make more money. Thus, if trucking companies paid good wages on the front side and provided good working conditions, the risk to the public would go down. Thus, the implication of the study conducted by Cornell University is that the trucking industry needs to engage in some self-evaluation. If there is reform in wages, there will be an impact on safety. This is nothing more than common sense. Regrettably, in our judgment, because of the desire to maximize profits at the expense of the public, accidents will continue to occur until the reform is mandated either by a government body, the insurance industry, or the employer/trucking companies themselves.

In previous blogs our lawyers discussed the dangers of drivers operating large trucks while under the influence of alcohol and/or drugs. This is a continuing problem in the United States which often leads to serious injuries and fatalities.

Interstate motor carriers and certain intrastate motor carriers are subject to the Federal Motor Carrier Safety Regulations as prescribed by the United States Department of Transportation. These regulations control a wide range of activities involving large trucks and tractor-trailers. One section, part 382, addresses controlled substances and alcohol use. The regulations prohibit a driver from reporting to duty or remaining on duty while having a breath alcohol concentration of 0.04% or greater. It also makes it illegal for an employer having knowledge that a driver has an alcohol concentration above that level to permit a driver to drive. The regulations also prohibit a driver from reporting for duty or remaining on duty while using any controlled substance or testing positive for any controlled substance.

Specific testing is mandatory under the regulations. Prior to the first time a driver operates a vehicle, the driver must be tested for alcohol and controlled substances. In addition, post-accident testing is required as soon as practicable following an incident involving a commercial motor vehicle operating on a public road. Random testing is required in accordance with directives described in the regulations. Finally, it is required that an employer shall test for alcohol or controlled substance test when the employer has reasonable suspicion to believe that the driver has violated any prohibitions of the regulations concerning alcohol and/or controlled substances.

While the federal government has issued these alcohol and controlled substance regulations, our lawyers are unfortunately continuing to review cases in which drivers of heavy trucks and tractor-trailers are under the influence of alcohol and/or controlled substances at the time of the incident giving rise to the serious injuries or fatalities.

Regrettably, something we have seen recently, which is very troubling, are cases where fly-by-night trucking companies which have failed to register with either state or federal authorities operate nonetheless with minimum insurance coverage insufficient to protect the rights of the innocent motoring public. The state and federal regulatory scheme is such that all commercial motor carriers for hire are required to register with state and federal authorities. The reasons for this are obvious. By registering with the state, the state can make sure that all commercial motor carriers are financially responsible should they cause damage to the public. Also, by registering with the state, the state can collect taxes and other fees and also regulate the safety of the motor carrier’s operations. The same is true on a federal level. The problem emerges, however, when the commercial motor carrier fails to register at all. In this context, in order to get business, such a carrier typically will still have to have an insurance certificate from an insurance company certifying to their client/customer that they have insurance coverage. The problem is such insurance coverage is typically inadequate to protect the needs of the public and also creates legal problems in the event of a subsequent claim.

If a motor carrier fails to register with either the state or federal government, then typically the insurance company also fails to file required certificates of coverage also required by such authorities. On a state level, motor carriers are required to file a Uniform Bodily Injury Certificate of Insurance (usually in the form of a Form E filing) which indicates that the insurance company for the commercial motor carrier has issued a liability insurance policy to the motor carrier. Unless a Form E is filed, however, in many states, there is no automatic liability of the insurance carrier for the negligent acts of the commercial motor carrier. Thus, we have the anomalous situation where those who comply with the law, that is those who register with the state and file certificates of insurance are in a position to protect the public whereas those who disobey the law are benefitted thereby because the insurance companies can then claim that having filed no Form E with the state, they have no liability to the public. This unjust result obviously needs to be addressed by legislatures nationwide and yet the problem continues to exist.

Not only is this a problem on a state level, this is also a problem on the federal level. Commercial motor carriers for hire who operate in interstate commerce are required to file with the Federal Motor Carrier Safety Administration a Form MCS-90 which again certifies that they have adequate insurance coverage to protect the public in the event of a accident involving personal injuries. For those carriers that fail to register with the federal government but nonetheless operate in interstate commerce, the same problem emerges. The insurance company does not file the MCS-90 because they have not been requested to do so. The insurance company nonetheless has information to believe that the insured for which it has provided coverage is operating commercially in interstate commerce. Nonetheless, by virtue of not filing a MCS-90 form with the federal government, the insurance company can make the argument that it has no duty to the public in the event of a subsequent claim for personal injuries. Again, those who violate the law benefit from their violation whereas those who comply with the law are required to provide insurance coverage for the public in the event of a motor vehicle accident. Again, this anomalous result which still exists today, needs to be addressed by Congress.

It has been our unfortunate experience that when fly-by-night carriers cause great damage to our clients, regrettably, collecting under their insurance policies has proven to be exceedingly difficult. While we will continue to do everything we can to represent our innocent clients most of the legal problems encountered in such cases could be easily addressed by state and federal authorities. We can only hope that this loophole in the law will be corrected before other innocent people needless suffer from the acts of fly-by-night motor carriers operating in intrastate and interstate commerce.

Our lawyers recently completed a case in which the driver of a heavy truck which caused a collision with serious injuries was found to be disabled and medically unable to be operating the vehicle. For many years, The National Transportation Safety Board, NTSB, has been pushing for increased regulations to prevent medically unqualified drivers from operating commercial vehicles such as tractor trailers and heavy trucks.

Based on investigations of accidents involving drivers with serious medical conditions, the NTSB determined that serious problems exist in the medical certification process for commercial vehicle drivers. According to the NTSB, these problems can lead to increased highway deaths and injuries for commercial vehicle drivers, passengers, and the motoring public.

The NTSB study found that many commercial vehicle drivers who have serious medical conditions which are known to their employers, physicians, or others, are never reported to the appropriate board or motor vehicle licensing authorities. Enforcement authorities cannot in most instances determine the validity of a medical certificate during safety inspections and other routine stops, because of the absence of procedures or information sources to validate the medical information on the driver’s certificate. According to the NTSB, in the absence of a mechanism to track all medical certification examinations, a commercial driver with a serious medical condition who is denied a medical certificate by one examiner, may be able to obtain a medical certificate from another examiner. This bypasses the purpose of the medical certification process and can endanger the motoring public.

According to the NTSB, the Federal Motor Carrier Safety Administration, which has authority over commercial drivers, is working too slowly to complete directives from Congress that it, the FMSCA, ensure that medical examiners are qualified and know what to look for in conducting examinations on commercial drivers, track all medical certificate applications, enhance oversight enforcement in valid certificates, and provide a comprehensive mechanism for reporting medical conditions.

According to the NTSB, once these recommendations are implemented by the FMSCA, there should be a decrease in danger to the motoring public from medically unqualified drivers.

In light of our lawyers' recent recovery of 3.25 million dollars in a tractor trailer collision case in which the truck driver was found to be under the influence of illegal drugs, we are repeating pertinent information contained in a previous entry.

Our lawyers are frequently handling cases in which the driver of a heavy truck is under the influence of illegal stimulents, such as methamphetamine.

Despite Federal regulations that limit the hours they can drive in a single day, truck drivers are constantly looking for ways to stay awake longer, drive farther, and make more money. Seventeen out of 20 truck drivers inter-viewed by the Center for Substance Abuse Prevention (CSAP) said that methamphetamine is easy to get at truck stops. The National Institute on Drug Abuse says that people in occupations (such as long-haul truckers) that demand long hours, mental alertness, and physical endurance, have been using methamphetamine at increased rates.

The use of stimulants by truck drivers to combat fatigue is fairly common. Surveys and roadside tests indicate that about one in five drivers use stimulants on at least some trips.

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Last Tuesday, our lawyers successfully negotiated a $3,250,000 settlement in a case involving the tragic death of a 64 year old woman in a heavy truck collision. The incident which led to the filing of a lawsuit in federal court in Atlanta, Georgia occurred in the early morning hours of February 5, 2007 on Cobb Parkway in Marietta, Georgia. During the early morning darkness, our clients’ decedent was traveling northbound on Cobb Parkway toward her place of work. Her vehicle struck the rear of a tractor trailer which had stopped in the left lane of the two northbound lanes. The impact caused her vehicle to "underride" the trailer and she was pronounced dead at the scene.

It was determined that the tractor trailer was illegally occupying the left lane and attempting to make a "wide" right turn from the left lane. Additional investigation by our office discovered that at the time of the incident the tractor trailer driver had methamphetamine and a cocaine metabolite in his blood. Our lawyers retained the services of the former head of toxicology for the Georgia State Crime Lab who determined that the ingestion of the illegal drugs by the truck driver had occurred shortly before, of even during the trip by the driver from North Carolina to Georgia.

In previous blog entries we have discussed the dangers of heavy truck and tractor trailer drivers operating large rigs will under the influence of illegal drugs and the frequency of this illegal activity. This case serves as a tragic reminder of the dangers involved. Unfortunately, many drivers feel the need to resort to illegal stimulant drugs in order to overcome fatigue so that they can drive more miles and earn more money.

A federal appeals court recently struck down a Bush administration regulation that increased the number of hours that truck drivers are permitted to drive without rest. This is the second time the regulation has been struck down

The U.S. Court of Appeals for the D.C. Circuit held that the Federal Motor Carrier Safety Administration’s (FMCSA) hours-of-service rule for truckers, issued in Aug. 2005, could put motorists at risk. The rule dramatically increased both the consecutive number of hours that truckers may drive before taking a rest; and, the total number of hours truckers may drive per week.

A lawsuit brought by Public Citizen, a consumer advocacy group, challenged two aspects of the rule: a provision that allowed truck drivers to drive for 11 consecutive hours before taking rest time, increased from the old rule of 10 hours; and, a provision which allowed drivers to “restart” their weekly tally of hours after they had taken a break as short as 34 hours.

The 34-hour restart allowed truckers to drive 77 hours in seven days or 88 hours in eight days – a more than 25 percent increase over pre-2003 rules. On-duty hours during which truckers may drive also climbed, so that a driver working 14-hour shifts under the new rules can now work as many as 84 hours in seven days or 98 hours in eight days – the latter a 40 percent increase over the old limits.

“The trucking profession has become ‘sweatshops on wheels’ because of the excessive and unsafe hours of work and driving time required of truck drivers,” said Daphne Izer, founder of Parents Against Tired Truckers (PATT). “I have paid the ultimate price for government policies that legally allow truck drivers to work and drive exhausted. My 17-year old son Jeff and his three close friends were killed in a preventable crash caused by truck driver fatigue. I welcome the court’s decision that puts people before profits.”

Each year, more than 5,000 people in the United States are killed and more than 110,000 injured in crashes involving large trucks. Truck driver fatigue is a major contributor in many of these crashes.

A study by the National Highway Traffic Safety Administration (NHTSA) reported that in 2004, one out of eight traffic deaths resulted from a collision involving a large truck. In that year 416,000 large trucks were involved in traffic crashes in the U.S. Of those, 4,862 were involved in fatal crashes. A total of 5,190 people died (12% of all the traffic fatalities reported in 2004) and an additional 116,000 were injured in those crashes. Among those killed in crashes involving large trucks, 77 percent were occupants of another vehicle, 3 percent were pedestrians, and 24 percent were occupants of large trucks.

A widely cited study by Jones and Stein (Jones I. and H. Stein, Defective Equipment and Tractor-Trailer Crash Involvement. Accident Analysis and Prevention 21:469-81, 1989), reported that brake defects were quite common and were found in 56% of the tractor-trailers involved in crashes. In the more recent Large Truck Crash Causation Study sponsored by the DOT, it was concluded that 29.4% of all large truck crashes involved brake failure, brakes out of adjustment, or other brake related issues.

Compounding the brake defects issue even more is the fact that although original equipment (OE) brakes must comply with federal motor vehicle safety standards which specify maximum stopping distances according to vehicle weight, loading, pedal effort (with and without power assistance) and brake condition (green and burnished linings), there are no federal performance standards for aftermarket (AM) brake linings. It is typically assumed that replacement AM brake linings perform the same as or better than the OE brake linings on a vehicle. Unfortunately, there is currently no methodology or rating system available that can assure OE-equivalent brake performance from AM brake linings.

Our lawyers are frequently handling cases in which the driver of a heavy truck is under the influence of illegal stimulents, such as methamphetamine. In a recent case involving a death caused by a heavy truck, our lawyers discovered that the driver had methamphetamine, amphetamine, and cocaine in his blood at the time of the collision.

Despite Federal regulations that limit the hours they can drive in a single day, truck drivers are constantly looking for ways to stay awake longer, drive farther, and make more money. Seventeen out of 20 truck drivers inter-viewed by the Center for Substance Abuse Prevention (CSAP) said that methamphetamine is easy to get at truck stops. The National Institute on Drug Abuse says that people in occupations (such as long-haul truckers) that demand long hours, mental alertness, and physical endurance, have been using methamphetamine at increased rates.

The use of stimulants by truck drivers to combat fatigue is fairly common. Surveys and roadside tests indicate that about one in five drivers use stimulants on at least some trips.

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Large trucks are prone to rollover accidents which can result in serious injury and death. Their high centers of gravity increase the risk of rolling over, particularly on curving ramps.

In 2005, 50 percent of deaths among occupants of large trucks occurred in crashes in which their vehicles rolled over, compared with 60 percent of SUV occupant deaths and 46 percent of pickup occupant deaths (both SUVs and pickups also have high centers of gravity). In contrast, 24 percent of passenger car occupant deaths occurred in vehicles that rolled over.

Electronic stability control (ESC) systems are designed to continuously monitor how well a vehicle is responding to a driver’s input. When the sensors detect the vehicle is straying from the driver’s intended line of travel, ESC brakes individual wheels to keep the vehicle under control. ESC may also modulate engine speed. ESC has been found to lower the risk of a single vehicle crash among passenger vehicles by 41 percent.16 The impact ESC could have on large truck crashes and rollovers is not known.

Our lawyers handle more fatal accident cases involving large trucks, than fatal accidents involving automobiles. Our experience is supported by national statistics.

On average, drivers of large trucks travel many more miles than passenger vehicle drivers. In 2005, large trucks accounted for 3 percent of registered vehicles and 7 percent of miles traveled. Per unit of travel, large trucks are involved in more fatal crashes than passenger vehicles — 2.1 compared with 1.7 crashes per 100 million miles traveled in 2005.

The disparities between large trucks and passenger vehicles vary by specific vehicle type, with passenger cars having the lowest fatal involvement rate (1.5) and tractor-trailers having the highest rate (2.4). The higher fatal involvement rate for large trucks occurs although much higher proportions of their miles are traveled on interstate highways, which are the safest roads.

The higher fatal involvement rate is attributable to the size disparity between large trucks and passenger vehicles. Large trucks have a lower rate of nonfatal crashes resulting in injuries or property damage only compared with passenger cars.

Almost all modern tractor-trailers and heavy trucks are equipped with electronic control modules. These modules record relevant data concerning the truck’s operation and allow it to be downloaded and accessed. The benefits for a lawyer representing a client in a tractor-trailer or heavy truck crash case can be significant.

An electronic control module can be used to gather a variety of information surrounding a crash when, or just before it occurs. This information may include data concerning the vehicle speed, the brake pedal and throttle position. The data is typically recorded continuously over a specified time interval, such as three minutes. It is then replaced unless an event occurs in which case the electronic control module saves the data surrounding the event, such as thirty seconds before and fifteen seconds after a crash. Events that trigger the electronic control module to save such data can include sudden deceleration, airbag deployment, or manual activation by the driver.

This data can be used by accident reconstructionists and attorneys to determine the actual speed of a vehicle just before a collision occurs. This is extremely helpful in many cases in which there are no witnesses to the accident and the driver denies excessive speed. Our attorneys have been able to access and use this data in several tractor-trailer/heavy truck cases to bring about very successful results for our clients.

Our lawyers continue to litigate serious injury and death cases involving tractor-trailer and heavy truck collisions wherein the impairment of the operator by the use of illegal drugs has played a major factor. As surprising as it may seem, the use of illegal drugs while operating tractor-trailers and heavy trucks by commercial operators is not uncommon.

A study by the Insurance Institute of Highway Safety found that alcohol use among heavy truck operators is less prevalent than the use of illicit drugs. The study found that the use of marijuana, cocaine, or amphetamines/methamphetamines while operating tractor-trailers and heavy trucks was much more prevalent than the use of alcohol. Almost 5% of the truck drivers tested who had been involved in serious collisions tested positive for illicit drug use, but only .2% tested positive for alcohol.

Federal regulations require carriers to test all commercial drivers for drugs before employment, after crashes, and on a random basis. Our lawyers frequently encounter cases involving fatalities and extremely serious injuries wherein the operator of the truck was under the influence of not only one illicit drug, but a combination of illicit drugs. The dangers attendant with operating a large truck while under the influence of illicit drugs are obvious. Our lawyers have been successful in many cases in recovering not only compensatory damages but punitive damages, based upon the use of the illicit drugs.

Industry standards require that trucking companies make a reasonable and good faith effort to inquire into the background history of drivers applying for employment. Federal regulations require at a minimum that a truck company should obtain any applicant’s prior accident record, out of service violations resulting in out of service and/or drug and alcohol related events determined by definition to be treated as positive while performing a safety sensitive function. The lack of such diligence by a trucking company not only shows to a driver the inattentiveness of the employer, but it also permits drivers to obtain employment that they may not have obtained had the proper information been requested and/or received. Without proper employment verifications, it cannot be determined by a trucking company whether a particular driver is or is not qualified to act as the driver for a commercial tractor-trailer. There are services available to trucking companies such as DAC Services that can be used to validate applications and obtain background information. The majority of fleet employers commonly use this service, however, regrettably (and unfortunately for our clients) we have been involved in numerous cases where trucking companies do not use such services nor do they conduct an adequate background investigation before hiring drivers.

When a trucking company is negligent in the hiring of a driver, that negligence often times results in subsequent injuries to the innocent motoring public. A driver should not be hired unless he or she is qualified. A trucking company should be diligent in obtaining necessary background information. In a case we handled just this past year, it was determined that several drivers that had been employed had serious felony convictions (including drugs) and numerous moving violations while previously employed by other companies. Indeed, in several cases, they had been terminated by prior employers for “preventable accidents.” Nonetheless, they were hired without an adequate background investigation. Needless to say, such cases settled because the trucking company was exposed for its negligent hiring of the drivers. Nonetheless, wrongful deaths and serious injuries resulted from the acts of the unqualified drivers which could have been anticipated had there been an adequate background investigation.

In any truck accident case, counsel should always inquire about the company’s employment screening practices to determine whether a negligent hiring claim is present. Juries are particularly interested in such evidence because they know that if an unqualified driver is hired, the chance of his/her being involved in an accident increases in proportion almost by definition. This is common sense. Nonetheless, because many trucking companies are negligent in their hiring practices, regrettably, we continue to see accidents which occur where drivers are hired who are not otherwise qualified and whose background clearly indicates that they neither were qualified nor should they have been hired to begin with.

a Our firm is handling a wrongful death, truck accident involving a driver that was operating his tractor-trailer under the influence of drugs at the time of the tragic incident. A wrongful death of an innocent person occurred in large part because the truck driver was under the influence of methamphetamine which is a known dangerous drug, particularly in the context of a commercially licenced truck driver. While no amount of money can compensate the family for this tragic and senseless death, nonetheless, when aggravating circumstances such as driving under the influence of drugs or alcohol are present in a particular serious injury or wrongful death case, punitive damages are necessary in order to deter other wrongdoers from future similar acts of misconduct. They are also necessary to punish the offender.

In this particular case, not only was the truck driver operating his truck while under the influence of dangerous intoxicating drugs (he also had benzoids in his bloodstream), he had taken other steps to avoid detection by law enforcement and regulatory officials. Indeed, in this particular case, the truck driver had secreted with his waistband two urine vials which he could use to deceive regulatory officials if he was stopped and asked for a urine sample. In short, he knew exactly what he was doing and took steps to conceal his drug use by having available urine vials hidden within his waistband so that he could give a urine sample without being apprehended for illegal drug usage by law enforcement. Unfortunately for the driver, in this particular case, the police officers conducted a thorough search, found the urine vials and charged the driver with vehicular homicide.

Punitive damages have long been necessary to punish wrongdoers and to deter similar acts of wrongdoing in the future. While it is well known that many truck drivers are operating their rigs while under the influence of intoxicating drugs, particularly uppers, speed and other similar intoxicants, the hope, of course, is that if juries impose significant punitive damages in cases like this, this may deter others from engaging in similar conduct. The senseless tragedy brought about by the wrongful act cannot be compensated in any event but, when juries are willing to impose additional penalties on top of other available damages, we believe that juries can send strong messages that they will punish those who engage in this type of egregious misconduct. If the financial punishment is severe enough, hopefully, deterrence of others will be the end result.

According to the 2006 Federal Motor Carrier Safety Administration, one in 20 drivers will be involved in an accident this year. The government study also showed that there are roughly 141,000 truck crashes each year with 77,000 of these or over one-half being the direct fault of the driver. Aubrey Allen Smith is the author of “Truth About Trucking.” Mr. Smith apparently hails from Citrus Springs, Florida and has compiled a list of the top ten causes of these truck accidents. According to Mr. Smith, the top ten causes of truck accidents are as follows:

1. Prescription drug use - 26%
2. Traveling too fast - 25%
3. Unfamiliar with roadway - 22%
4. Over the counter drug use - 18%
5. Inadequate surveillance - 14%
6. Fatigue - 13%
7. Illegal maneuver - 9%
8. Exterior distraction - 8%
9. Inadequate evasive action - 7%
10. Aggressive driving behavior - 7%

In short, roughly 50% of the accidents for which statistics are available indicate that truck drivers are taking drugs or traveling too fast. One can hardly be surprised with the brutal work schedule these drivers keep and the pressures placed upon them by their employers to place profit above safety. While everyone has to make a living, the pressures on American truck drivers are clearly at an all time high and regrettably, the stress and strain is borne out by the statistical data which so reflects. In this age of de-regulation, regrettably, we believe that the statistics will only get worse. Because of the Government’s de-regulation of the truck industry, litigation with large awards may be the best deterrent available to save lives.

The Fatality Analysis Reporting System (FARS) of the Federal Motor Carrier Safety Administration is a tool often overlooked by practitioners when it comes to available statistical data regarding vehicular accidents. For example, our firm has been handling several high speed police pursuit cases and in connection therewith obtained from the Federal Motor Carrier Administration information submitted to it on a nationwide basis to its Fatality Analysis Reporting System. Unfortunately, the statistics are likely under reported because there is no mandatory form which is utilized by all the states to report fatalities and motor vehicle accidents such as police pursuits. Nonetheless, what we saw is that from 1982 through 2004, 7,434 people were reported to FARS as being killed in high speed pursuit cases. The national average was approximately 350 deaths per year with approximately 20 deaths per year in Georgia.

The FARS reporting data also makes available to the public the number of fatalities from motor vehicle collisions involving commercial tractor trailers. Again, this data under-reports the extent of the problem but is still the best data we have. While the statistics do not show who was at fault in these accidents, nonetheless, the statistics are sobering. Indeed, from 1994 through the end of 2005, there were approximately 2,741 fatalities in Georgia. Regrettably, these statistics could be reduced were there a greater emphasis on safety. Nonetheless, what these statistics teach us is that people will continue to die on our public roads and highways in accidents involving commercial trucks and in situations involving high speed pursuits. We believe that these statistics prove that there is a greater need for regulation, not less, in both areas. While the current regulatory environment is not conducive to public safety, it appears that the best available tool to address these safety issues remains litigation. As the saying goes, “if you hit them in the pocketbook, maybe they’s start paying attention.” Because regulators have a “non-regulatory” free market approach today, trial lawyers today have the best chance of anyone to hold these companies accountable for their negligent acts.

"Respect for life" can take many forms, and "Road Safe America" packs a powerful message about protecting lives from needless deaths on American roads.

I met Steve Owings, a member my church, on Tuesday to learn about how his life has changed since his son died when he was struck from behind by a speeding tractor-trailer in a horrible--and preventable--trucking "accident" in 2002. Brothers Cullum and Pierce Owens had almost finished their drive back to college after Thanksgiving break, when a large truck on "cruise control" set at more than 70 mph slammed into them in stopped traffic. Cullum died at his brother's side.

This father's mission now is to prevent similar tragedies for other families. He is working for common sense changes to cause the trucking industry in the United States to operate with safety measures that are used with success elsewhere in the civilized world. And he is making progress--but can use some help. With Steve's permission, I am helping spread the word quickly about his efforts through this blog--and will continue to help accomplish Road Safe America's goals to protect lives over time.

Like any father, I could not imagine what Steve and Susan Owings have felt since hearing from their surviving son of Cullum's death on the highway. Their commitment now to seeing changes made to protect other lives could not be clearer.

They describe Road Safe America's goals as including:

Educating truck drivers and others about the risks of trucks and passenger vehicles sharing our nation's highways;

"Honoring" the companies, officials and others who help us achieve our mission.

The Owings are being listened to, both by reputable trucking companies that largely support their efforts, and by the government. Steve Owings has been appointed to FMCSA's Motor Carrier Safety Advisory Committee. Their Petition to require speed governors limiting tractor-trailers to 68 mph is in the administrative process, with substantial support of reputable trucking companies.

With Steve's permission, we are linking to this moving video about how he and Susan are making sure other deaths can be prevented by these safety changes, which we will explain in a later post.

We will explain more about Road Safe America and its progress on future posts. We admire Steve and Susan Owings for what they are doing to protect lives in the future.

Our firm is currently representing a victim of a very serious tractor trailer collision which occurred on an interstate highway in South Georgia. In this particular collision, four people were killed and numerous other people seriously injured as was our client. We had the privilege of handling wrongful death cases on behalf of two families involved in this tragedy and those cases were resolved by means of settlement and compromise. While we were representing these families, we were contacted by another person (our current client) who also had been involved in the collision. He lives out of state. This person was unfamiliar with the Georgia statute of limitations and had not filed a lawsuit within two years. Here in Georgia, the typical statute of limitations for a personal injury claim is two years from the date of the occurrence. However, effective July 1, 2005, the Georgia Legislature passed a new law which tolls the statute of limitations for tort actions involving victims of alleged crimes. This new provision, little known to members of the Bar and not yet interpreted by any Georgia Court, is found at O.C.G.A. § 9-3-99. It reads in pertinent part as follows:

The running of the period of limitations with respect to any cause of action and tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action and tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years.

When we were contacted by this out of state client (after 2 years had passed) concerning his serious injures which arose out of the same collision where our other two clients’ family members were killed, we decided to help him if we could. We filed a lawsuit on his behalf alleging that he was entitled to the “victims rights” benefits of O.C.G.A. § 9-3-99.

The truck driver involved was charged by the authorities with four counts of Vehicular Homicide. His employer, the trucking company, has filed a Motion to Dismiss our client’s case on the grounds that the new victim’s rights statute is allegedly unconstitutional and should not apply to a victim such as our client because he was not specifically named as a victim in the criminal charges filed against their driver. Of course, we contend that this is completely preposterous because our client was as much a victim as were the others, the only difference being that he survived his serious injuries whereas the other four victims were killed.

There is a good reason for the Georgia Legislature to toll the statute of limitations with respect to victims of criminal offenses committed in this state. When the authorities investigate a criminal offense that might also be the basis of a civil tort action against the offender, the victim is prejudiced because the authorities will typically not release to the victim or their representatives any information concerning the underlying investigation until the investigation is terminated. Indeed, the Open Records Act is specifically not applicable to open criminal investigations. Thus, as here, if a truck driver is under investigation for Vehicular Homicide, none of the victims of his acts can typically get access to the District Attorney’s file and cannot get access to the investigator’s file until the prosecution is terminated. In recognition of the impact of a criminal investigation on victims and their families, the Georgia Legislature decided to toll the statute of limitations during the pendency of any criminal investigation until “the prosecution of such crime or act has become final or otherwise terminated.” Rather than indefinitely tolling the statute, the Georgia Legislature, as part of this Bill, enacted a statute of repose which stated that “in no event should the statute exceed six years.” Thus, the rights of the victims are preserved and the rights of the authorities to effectively prosecute the offender was not compromised.

We were honored to represent two different families of the victims of this tragedy and were pleased that we were able to amicably resolve those wrongful death claims. Now, we are in a position where the trucking company who hired this dangerously negligent driver is seeking to dismiss the claims of yet another victim of this tragic collision by claiming that he is “not a victim at all.” Of course, the language of O.C.G.A. § 9-3-99 specifically states that any cause of action in tort that may be brought by the victim of an alleged crime “which arises out of the facts and circumstance relating to the commission of such alleged crime committed in this state” shall benefit from the tolling language of the statute. Thus, we believe that the trucking company’s attempt to declare this statute unconstitutional is not only directed at our single client but at all victims throughout the state because if the trucking company is successful in attacking this piece of legislation, their efforts will affect all victims of crimes throughout Georgia. For obvious reasons, we plan to vigorously defend our client’s rights and the rights of all victims of crime, particularly those victimized by trucking companies who injure others due to criminal acts of negligence committed in this state. We will file further postings on this blog as soon as we can report (as we are confident we will report) that the Court has overruled the trucking company’s challenge to this important victims’ rights legislation.

Georgia law with respect to the financial responsibility for common carriers needs to be changed and it needs to be changed quickly. Simply stated, the minimum limits of insurance protection that is now available to the public is grossly inadequate and far less than federal limits. It is high time that Georgia enacts legislation which is at least as effective as federal law in protecting innocent members of the motoring public when it comes to the type of carnage that can be inflicted by a negligent trucking company.

In order to operate as a motor carrier in Georgia, a company must first obtain a certificate of public convenience pursuant to O.C.G.A. § 46-7-3. Under rules adopted by the Georgia Public Service Commission, in order to obtain a certificate of public convenience, a carrier must provide the State with a surety bond of only $100,000.00 for bodily injury or death of one person and $300,000.00 for bodily injury or death of all persons involved in an accident. This standard was issued by the Georgia Public Service Commission (PSC) under its Rule 7-2.1. Alternatively, the Georgia PSC stated that a motor carrier could present the PSC with proof of insurance in the same amount and that the proof could be the actual policy itself or a certificate of coverage from the insurance company.

The Certificate of Insurance in Georgia is known as a Form E (Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance). The purpose of this insurance is to protect the innocent members of motoring public who may be damaged by the carrier’s operations. Unfortunately, in a case involving serious injury or death, $100,000.00 is clearly inadequate to address such a situation. Indeed, in any serious case where the injured victim remains in the hospital sometimes for days or weeks, the $100,000.00 minimum limits of insurance coverage is hardly sufficient to even compensate the victim for his or her medical expenses much less lost wages, pain and suffering and/or permanent disability caused by the injury. Unfortunately, the Georgia Legislature which is dominated by a business lobby mentality, does not seem very interested in calling for an amendment to this Rule. “Let them eat cake” seems to be the attitude which we have a hard time understanding. After all, we are talking about innocent victims.

Under federal law, the minimum limits of insurance coverage for the protection of the public is $750,000.00. Most responsible trucking companies carry much more by way of liability insurance coverage then the minimum limits because their assets are at risk in a serous case. Many responsible trucking companies carry 5 - 10 million dollars in coverage, and sometimes more. In a serious case where amputations are involved, paralysis, death or other truly severe injuries, such coverage is necessary to compensate the innocent third party victim who may be involved in an accident with a large truck. If a driver loses control, is speeding, crosses the centerline or otherwise strikes the innocent third party who has done absolutely nothing wrong, one can be assured that with the size of some of these rigs, the innocent third party will be severely damaged. If the person survives the injury, that person may undergo months, if not years, of pain and suffering not to mention a loss of their lifestyle, their job and the emotional stress attendant to such a situation which literally always affects the entire family. In such circumstances, it is ludicrous for the State of Georgia to have coverage limits of $100,000.00 to cover a serious injury or death. Indeed, $100,000.00 is the most any single person can collect from such an accident in Georgia and even if ten people were killed in a van, let’s say, coming back from a church, the most the family members could receive would be a total of $300,000.00 to be divided ten ways from a minimum limits carrier. In short, if a trucking company is irresponsible enough to carry minimum limits, they are still within the law and can operate legally in Georgia. If they have no assets at risk because they are a “fly by night carrier,” they are not likely to carry more coverage.

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