Atlanta, Georgia Personal Injury Lawyer
The GAO study found that at least 20 out of 200 commercial bus that had been ordered out of service in 2007 or 2008 evaded compliance by setting up "reincarnated" companies under new names. Some violators were in Georgia, as well as Arizona, Arkansas, California, Maryland, North Carolina, New York, and Washington.
Alarmingly, 1,073 trucking companies are believed to be possible reincarnations of companies that were ordered to be shut down because of federal violations. Many of these companies are still using the same address, owner name, employees, and contact numbers. At least 500 of these reincarnated companies were still operating as of last month.
"These companies pose a safety threat to the motoring public," said Greg Kutz of GAO. "We believe that these carriers reincarnated into new companies to evade fines and avoid performing the necessary corrective actions."
Kutz thinks that the number of violators is likely more than 500 because the study only identified companies that were still using the same information.
The Federal Motor Carrier Safety Administration (FMCSA) adopted new oversight measures of last year’s accident in which an unlicensed charter bus blew a tire and skidded off the highway in Texas, killing 17 people. The tire was retreated, and the use of recapped tires on steering axles is a violation of federal regulations. Now, newly licensed companies must pass a safety audit within 18 months of approval. This safety audit has helped authorities identify many of the reincarnated companies.
Rep. James Oberstar (D-Minn) heads up the House Transportation and Infrastructure Committee that wants a federal standard which would give the FMCSA more power to revoke licenses and impose fines. At this point, the law is somewhat ambiguous when it comes to federal power versus state power. This measure would also allow the FMCSA to improve its computer systems.
The GAO study cites specific examples of reincarnated companies (without revealing the companies’ names). For instance, in May 2007, an Arkansas motor carrier company was cited for nine safety violations including failing to obtain proper licenses and maintain driver qualification files. The company was fined $3,050. The next month, a new company opened with two of the same drivers, three of the same vehicles, the same last name for the company owner, and virtually identical addresses. This new reincarnated company operated for 18 months before it was ordered out of service for drug testing violations in 2008.
Hopefully this company is actually out of service now and not simply operating under a new name. But, based on the GAO study, the exact same unsafe trucks could very well still be on our roadways. Many large trucking companies are all-too-familiar with legal loopholes and ways of skirting around the law. And many trucking companies knowingly go against federal safety regulations on a daily basis.
If you’ve been injured in a trucking accident, you need an experienced attorney who understands the intricacies of FMCSA regulations. If you have any questions, call 404-531-9700 to schedule your free consultation with an expert truck accident attorney at MLN Law.
Labels: tractor trailer, truck accident, truck safety, truck wreck, trucking
When a person dives head first into water that is too shallow, a spinal cord injury can occur. In most shallow diving incidents when the diver’s head hits bottom the vertebrae that encircle the spinal cord can actually collapse. Sometimes the spinal cord is so severely damaged that it is no longer able to transmit nerve impulses to and from the brain. In that case, paralysis occurs.
“Witnessing a life-altering injury of this kind is probably the most tragic and preventable event I see,” Dr. Charles Kuntz, IV, a neurosurgeon at the University of Cincinnati Neuroscience Institute and the Mayfield Clinic told the Middletown Journal. “With one unfortunate decision, the life of a healthy young person is utterly transformed. The individual is likely to be dependent on machines for the rest of his or her life.”
According to the National Spinal Cord Injury Statistical Center at the University of Alabama at Birmingham, an estimated 11,000 spinal cord injuries occur in the United States each year. Males suffer 81.2 percent of these injuries, and diving is the fourth leading cause of spinal cord injury among males.
The sad fact is that Kuntz is correct. Spinal cord injuries as the result of diving into shallow water are one of the most preventable accidents out there. Parents, teachers, camp counselors and anyone who swims should take note of these few simple tips to prevent a spinal cord injury due to shallow diving:
1.) Never dive into water less than 10 or 12 feet deep. There is little chance of a diver hitting his or her head on a hard surface in deep water.
2.) When diving into a body of water of unknown depth, always test the waters by first diving in feet first. This simple test can prevent spinal cord injury and save lives.
3.) Follow “No Diving” warnings at public pools. Public pools are highly regulated and those warning signs are there because officials have calculated that the pool is not deep enough for diving.
4.) Never dive into an above ground pool. Above ground pools are rarely, if ever, deep enough for diving. Further, rocks and the hard ground beneath above ground pools are a spinal cord injury hazard.
It’s hot out there this summer and when there’s a pool or lake nearby, it’s certainly tempting to dive in as quickly as possible. But think safety first and don’t risk your life or your mobility for a quick dip.
Labels: spine injury, water safety
“Safety is our highest priority,” said Secretary of Transportation Ray LaHood. “Motorists deserve to know they are sharing the road with large trucks that are up to the safest possible standards, so they can get home alive to their families.”
The new regulation will be phased in over four years beginning with 2012 models. It requires that a tractor trailer truck traveling at 60 miles per hour must be able to come to a complete stop in 250 feet. The old standard was 355 feet. The difference of 105 feet will save many lives.
The official summary of the new braking standard states:
The purpose of these amendments is to reduce the number of fatalities and injuries associated with crashes involving tractor-trailer combinations and other vehicles. In addition, we anticipate that this rule will prevent a substantial amount of property damage through averting or lessening the severity of crashes involving these vehicles. Once all subject heavy truck tractors on the road are equipped with enhanced braking systems, we estimate that annually, approximately 227 lives will be saved and 300 serious injuries will be prevented. In addition, this final rule is expected to prevent over $169 million in property damage annually, an amount which alone is expected to exceed the total cost of the rule.
There are a number of simple and effective manufacturing solutions that vehicle manufacturers can use to meet the requirements of this final rule. These solutions include installation of enhanced drum brakes, air disc brakes, or hybrid disc/drum systems. We note that currently a number of vehicles in the commercial fleet already utilize these improved braking systems and already realize performance that would meet the requirements of the amended standard.
The new braking rule only applies to truck tractors – not single-unit trucks, trailers, or buses. The rule will apply to virtually all trucks in commercial fleets, and I think it will prevent many tragedies. According to NHTSA statistics, 4,299 people were killed in wrecks involving large trucks in 2008. In 2009, 4,822 fatalities occurred in accidents involving large trucks.
If you’re injured in a tractor trailer truck wreck, you need an experienced attorney who is familiar with current Federal Motor Carrier Safety Rules and Regulations and who has the time, interest, and resources to take on a complicated truck accident case. You need someone who will fight to make sure you receive full compensation. If you’re the victim of a truck crash, you should hire an attorney as soon as possible to preserve important evidence. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: tractor trailer, truck accident, truck safety, truck wreck, trucking
According to a new study recently published in the Cochrane Library 2009, though, these scare tactics don’t work. Scientists say that teens and college aged people overestimate the actual amount that their peers drink, and that this misconception often leads to a culture where teens feel they must drink in order to keep up with their peer group.
"This creates a type of peer pressure, which drives levels of drinking upwards," said David Foxcroft, professor of health care practice at Oxford Brookes University in the United Kingdom and the review's co-author.
So if scaring young drivers straight about the perils of driving under the influence doesn’t work, then what does? According to researchers, it’s the same thing that compels them to drink in the first place – peer pressure.
The study found that clueing young people in on just how much their peers actually drink does more to curb drinking than billboards, seminars, commercials, flyers and other scare tactics. The trick is, the information must be imparted individually, either one or one or by a computer. Interestingly, group counseling or mailed feedback did not have a similar impact, perhaps proving that when young people receive what they feel is trustworthy information about the real incidence of drinking in their peer group, they no longer feel as much pressure to pick up a cocktail.
Students who received personal feedback either through the Internet or individual face-to-face sessions reduced their overall alcohol consumption compared with those who did not get personal feedback. The review also found evidence that Web-based feedback reduced binge drinking — defined as five or more drinks in one sitting for a man and four or more for a woman — and alcohol-related problems.
Foxcroft and his fellow researchers analyzed data from 22 previously published studies that included 7,275 mostly U.S. college students. All the studies had the same goal — to reduce drinking by educating students on how their drinking behavior compared with others on campus. The review sought to determine which methods are effective and which are not.
Studies also found that web-based one on one feedback also potentially curbed another teen and college student problem – binge drinking. Binge drinking is defined as having five or more drinks in one sitting for a man, and four or more for a woman.
What does this study say about teaching teens and college students not to drink and drive? Perhaps to give up the scare tactics in favor of a good old fashioned talk. Explain to kids that their friends are likely exaggerating their alcohol consumption, and that they should not feel pressured to live up to a false ideal.
How do you teach your teens and college aged children about the perils of drinking and driving? I would like to hear your opinions, and your thoughts on this story, in the comments.
Labels: drunk driving, DUI, teen drivers
The study was carried out with a $300,000 grant from the Federal Motor Carrier Safety Administration. Researchers placed video cameras in commercial trucks to study driver behavior. The study analyzed over 3 million miles of trucking data from 203 truckers on the road between 2004 to 2007. The study was the largest of its kind in the world.
The video footage shows that texting is an extremely high-risk behavior because it causes truckers to take their eyes off the road. The video analysis showed just how dangerous texting while driving really is.
"In 4.6 out of the six seconds [before the crash or near miss], they weren't looking at the road. They were looking at the device," said Rich Hanowski, director of the institute's Center for Truck and Bus Safety. "Anything over two seconds is dangerous."
The study uncovered 4,452 “safety-critical events” from the 203 truckers, including 21 wrecks, 197 near crashes, and 4,200 other events such as unintentional lane changes.
In 2007, over 37,000 people were killed in traffic accidents, and 11 percent of those deaths involved large trucks.
Texting while driving has been implicated in a number of large truck wrecks. In April, the driver of a tractor trailer truck admitted that he had been texting before crashing into a school bus in a wreck that killed a student. In another incident, a Boston trolley driver was texting when he crashed into another trolley. As a result, the Massachusetts Bay Transit Authority now prohibit train and bus drivers from using personal electronic devices while working.
The study also found that:
* Drivers of light vehicles and cars who are dialing a cell phone are 2.8 times more likely to crash.
* Truckers dialing a cell phone are 5.9 times more likely to crash.
* Truckers reaching for a cell phone are 6.7 times more likely to crash.
Drivers who take their eyes off the road are more likely to crash! And when they’re driving a commercial truck, any crash has a high likelihood of causing a fatality.
Based on the study, researchers make the following recommendation: Texting should be banned in moving vehicles for all drivers. As shown in the table, this cell phone task has the potential to create a true crash epidemic if texting‐type tasks continue to grow in popularity and the generation of frequent text message senders reach driving age in large numbers.
"The take-away issue here is this is a driver behavior issue," Hanowski said. "It's not isolated to truck drivers."
Next time you get a text message when you’re behind the wheel, just wait until you get where you’re going before you answer. If it’s really that important, pull off the road to reply.
If you’ve been injured by a texting truck driver or distracted driver, call MLN Law to schedule your free consultation. Call 404-531-9700 today.
Labels: cell phone, driving and texting, truck safety, trucking
Whether you are a paragon of driving virtue or a terror on the road, you’d better read a recent list released by the National Highway Traffic Safety Administration (NHTSA) on the most common deadly driving mistakes. Don’t let friends and loved ones risk their lives with these risky behaviors:
1.) Swerving – According to the NHTSA study, failing to stay in their own lane is the #1 reason drivers end up in fatal accidents.
2.) Drowsy Driving – According to the NHTSA, in 2007 fatigued driving caused the deaths of 1,404 people, and more traffic fatalities occurred during the hours when most people are accustomed to being asleep (3 a.m. to 6 a.m.) than at any other time of day.
3.) Driving Under the Influence – According to MADD, someone dies in a drunk driving accident every 40 minutes. Young people 21 – 34 are responsible for the highest number of drunk driving fatalities, and perhaps not surprisingly, most drunk driving fatalities occur at night and on weekends.
4.) Over Correcting – Teens and other inexperienced drivers are most prone to this nervous maneuver. Over correcting when facing trouble on the road can lead to rollovers and much worse. More than 4% of auto fatalities every year occur because of this jumpy mistake.
5.) Speeding – Driving too fast is the second highest cause of death in car accidents. 30% of speeding fatalities occur at speeds of 50 mph or above. Driving too fast for conditions is another culprit.
6.) Failure to Observe the Right of Way – This is the top cause of auto accidents for seniors ages 70 and above and the fifth leading cause of crashes overall. According to the Insurance Institute for Highway Safety, elders either fail to see other drivers, or see the drivers but miscalculate the time they have to merge.
7.) Reckless Driving – From weaving and tailgating to driving on the wrong side of the road, reckless driving caused 1,850 fatalities in 2007. Driving over 80 mph or driving 20 miles or more over the speed limit is considered reckless driving.
8.) Running Red Lights – According to the nonprofit Insurance Research Council, 75% of auto accidents occur in cities. Why? Because of drivers’ tendency to step on the gas when the light turns red.
9.) Failure to Buckle Up – Though seat belt use is up, the fact remains that 33% of auto accident fatalities occurred because drivers and passengers weren’t using their seat belts. Seat belts help prevent ejection, and ejection results in death in 76% of all motor vehicle accidents.
10.) Distracted Driving – Talking on the phone, texting, reading, all of these are the modus operandi of the distracted driver. Cell phone use may be the biggest culprit, with an estimated 1 million Americans are driving and talking on the phone at any given time.
Pass these deadly driving mistakes on to family and friends and let’s all keep the roads a little safer.
Labels: distracted drivers, driver safety, drunk driving, safe driving, teen drivers
Last week The New York Times reported that the National Highway Traffic Safety Administration (NHTSA) withheld hundreds of pages of research about the dangers of cell phone use while driving. According Matt Richtel, former head of the NHTSA, officials at the Department of Transportation (DOT) urged the agency to withhold the research to avoid antagonizing the Congressional appropriators who controlled the highway budget. These appropriators had made it clear that they wanted the NHTSA to gather safety data but not to “lobby” the states. As a result of the DOT’s urging, the research was never released, and plans for a large-scale study were never presented.
The 2003 research was finally released last week through the Freedom of Information Act. The following comes from a 2003 draft letter that was never sent:
As you know, the wireless communications industry has grown at an extraordinary rate. Today there are more than 147 million cell phone subscribers - more than half of the U.S. population. According to a survey by the National Highway Traffic Safety Administration, 6% of daylight driving time - up from 4% in 2000 - involves talking onthe phone. That translates into more than 200 million in-car calls per day. However, the primary responsibility of the driver has always been to operate a motor vehicle safely. It is a task that requires full attention and focus. Statistics show that all distractions, whether associated with the use of technology or not, can increase the risk of a crash.
NHTSA estimates that driver distraction contributes to about 25 percent of all traffic crashes. Though all distractions are a concern, we have seen the growth of a particulardistraction, namely cell phone use while driving. While the precise impact cannot bequantified, we nevertheless have concluded that the use of cell phones while driving has contributed to an increasing number of crashes, injuries and fatalities. A significant body of research worldwide indicates that both hand-held and hands-free cell phones increase the risk of a crash. Indeed, research has demonstrated that there is little, if any, difference between the use of hand-held and hands-free phones in contributing to the risk of driving while distracted. In either operational mode, we have found that the cognitive distraction is significant enough to degrade a drivers’ performance.
We recommend that drivers not use these devices when driving, except in an emergency. Moreover, we are convinced that legislation forbidding the use of handheld cell phones while driving will not be effective since it will not address the problem. In fact, such legislation may erroneously imply that hands-free phones are safe to use while driving.
Why did it take six years for government officials to release this information? As The New York Times puts it, Since when did trying to save lives constitute lobbying?
“We’re looking at a problem that could be as bad as drunk driving, and the government has covered it up,” said Clarence Ditlow, director of the Center for Auto Safety.
Studies in recent years have shown that a driver talking on a cell phone is four times more likely to crash; furthermore, a driver who’s talking on a cell phone is comparable to a drunk driver with a 0.08 blood alcohol content.
Texting and talking while driving is standard behavior. Today, in 2009, the DOT estimates that roughly 12 percent of drivers are on the phone at any given time. That number has doubled since 2003. Perhaps, if the 2003 research was not withheld, a few more lives could have been saved.
Have you been injured in a car wreck because of a distracted driver? If so, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: car crashes, car wreck, cell phone
What’s worse, college students say they ignore anti-texting and driving laws and even continue to text or check email after they’ve experienced a close call while doing so.
All these findings came about through a study conducted by Tamyra Pierce, an associate professor of mass communication and journalism at Fresno State in California.
California successfully banned drivers from using cell phone handsets back in 2006, and according to Pierce’s study, 87% of the study subjects were aware of the law. Still, 49% of the 409 students she surveyed admitted that they still used cell phone handsets, texted or checked email while behind the wheel. Of the college students who admitted to illegal behavior, 84% reported that they text while driving.
Pierce conducted a similar study last year, and at the time only 62% of young people surveyed admitted to texting while driving.
“Texting while driving is hazardous at any age but it is especially dangerous for younger drivers who have not yet gained adequate driving experience,” says Ms. Pierce. “Those few seconds one looks away from the road to text on the cell phone may be the seconds the driver needs to prevent an accident -- one that may be fatal.”
Past studies have found that texting while driving reduces reaction and control times even more than drinking and driving – 35 percent vs. 12 percent with a blood alcohol level within the legal limit. In addition, texting while driving also reduces steering and control of car by 91 percent. As we reported here on the MLN Law Blog last week, even driving while talking on a cell phone – with or without using a handset – was proven to cause approximately 1,000 fatalities back in relatively less cell-phone-happy 2002, the only year study data is available.
College students have created a virtual culture of texting. Of Pierce’s survey respondents -- 196 females and 213 males age 18-25 – a majority had owned a cell phone more than five years and 99 percent had texting capabilities. The survey found that 52 percent had a Bluetooth or other hands-free device, 81 percent had “unlimited” texting service and average usage was 1,000-3,000 texts per month.
When asked if their texting had caused any consequences, 33 percent answered that they almost hit something while texting, 21 percent missed a turn, 8 percent ran off the road, 3 percent got into an accident and 2 percent ran a red light, hit something or got a ticket.
Labels: auto accident, driving and texting, teen drivers, teens and technology
Think about the last time you had a close call in the car. How did you react? Chances are, as an experienced driver, your instincts took over. If someone tried to change lanes without seeing you, you honked the horn or, because you were aware of road conditions, carefully maneuvered your car out of harm’s way. Now imagine you are 16 and newly licensed. Even small incidents like a car starting to swerve into a their lane can cause big trouble for an inexperienced teen driver. Why?
Because of over correcting.
Master Police Officer James Poer III has stated that over correcting a vehicle is one of the most common mistakes he has seen among teen drivers. To bring the point home, just last week, a wreck on Tara Boulevard in Clayton County, Georgia left a teenage boy in critical condition all because he over corrected.
Over correction occurs when a teen driver faces a situation on the road to which he is unaccustomed. Because he isn’t an experienced driver, his natural instinct is to turn the wheel quickly to avoid an accident. Unfortunately, when a car or truck is over corrected, momentum makes the vehicle continue to go forward while the sudden change of direction makes the rear of the vehicle veer in another direction. When the inexperienced driver perceives that he has turned the wheel too far and fast, he immediately turns it back in the other direction, causing a total loss of control. Many times, as happened in the Clayton County accident, the car will go into a roll. In that case, the car rolled and ended up in the opposite lane of traffic where the critically ill teenager was found by rescue workers hanging from a passenger window.
The only way to stop your teens from falling into the over correction trap is to make sure they have enough driving experience to deal with difficult situations. Poer recommends taking your child to a large empty parking lot and instructing them to gently swerve their vehicle back and forth. This will teach teens to control a vehicle without making the potentially deadly mistake of over correcting.
As if the example of the tragedy in Clayton County weren’t enough, this YouTube video, taken from the dash cam of a Michigan police officer, shows the potential danger of over correcting. (Before viewing, note that the driver came away with only minor injuries. The driver and the officer you see in the video both credit the use of a seatbelt with saving her life.)
Labels: auto accident, car accidents, teen drivers, teenagers
Owing’s son Cullum was killed in 2002 when a 70,000-pound truck that was traveling 7 miles per hour over the posted speed limit crashed into his car, which was stopped in traffic. Cullum’s brother Pierce, who was also in the car, explains that, in the rear-view mirrors, they watched the truck that was approaching too fast to stop.
“Cullum tried to pull onto the median to save us,” said Pierce.
But he could not avoid the heavy, speeding tractor trailer truck. The truck slammed the car into a stone embankment. Cullum died before emergency workers could pull him from the car. His brother Pierce survived.
“Sometimes when I glance into my rear-view mirror it takes me to another place, where I imagine what Cullum's life and ours might have been like if he had lived — a loving daughter-in-law? — the blessing of grandchildren who look like him? — a family, whole and complete, sharing everyday moments,” writes Ownings. “My wife Susan and I have suffered every parent's greatest horror. For the rest of my life, I'll be looking in my rear-view mirror.”
Road Safe America wants to see all heavy truck speeds limited by on-board computers known as speed governors. The simple computers limit the top speed of the truck. This would allow truckers to stop faster in emergency situations. Many trucking companies already use speed governors, and the companies say that they save money on fuel, longer-lasting equipment, and lower liability costs. However, many truck drivers and trucking companies still consider speed to be a competitive advantage.
RoadSafeAmerica.org presents a petition, which anyone can sign, that calls for a top speed of 65 miles per hours for trucks that weight more than 13 tons, required use of electronic on-board speed recorders, better working conditions for truckers, and safer methods of compensation for truck drivers.
The American Trucking Associations (ATA) supports the petition. However, the Owner Operator Independent Drivers Association argues that speed governors may cause more collisions by limiting the power needed for last-minute maneuvers.
Road Safe America points out that the European Union, Japan, Australia, and the most populous Canadian provinces already require speed governors on heavy commercial vehicles. In Japan, the top speed is 55 miles per hour; it is 65 in Canada. Heavy tractor trailer trucks need 3 times the distance for braking compared to smaller cars, and reasonable top speed would give them a better chance of stopping before a collision. Speed governors also conserve fuel use.
What do you think? Should heavy commercial vehicles be required to have speed governors and on-board electronic monitors? Would this save lives?
Labels: tractor trailer, truck safety, trucking
Gwynn’s accident left him paralyzed from the chest down and caused his left arm to have to be amputated. In the Sports Illustrated article, Gwynn admitted that getting used to life at 6 mph instead of 300 led to some dark times through the years, but he found a way to go on through a passion for giving back.
"When I got hurt, there were a lot of people coming to the racetrack in really, really shoddy equipment, asking me questions that I couldn't even answer, showing up in just the ricketiest vans and everything else,'' Gwynn said. "So we thought we can probably help some of these people, and there's a niche. There's things we do that no other foundation does.''
What the Darrell Gwynn Foundation does is provide equipment and special services for children with injuries or illnesses that impair their mobility. The foundation also funds targeted research for people, especially children, with spinal cord injuries or other debilitating illnesses.
Motorized wheelchairs, special vans and other equipment necessary to provide a good quality of life for those injured or suffering from illness is costly, and often insurance companies find excuses not to pay. This was the case for 5-year-old Alyssa Hagstrom, a girl born with a rare muscle disorder. After insurance refused to pay for her motorized wheelchair, the Darrell Gwynn Foundation stepped in and provided her with a $26,000 wheelchair - and the gift of mobility.
The Darrell Gwynn Foundation participates in events where they present donated wheelchairs to injured or ill children in need. Some of Gwynn’s famous friends, like vaunted NASCAR racer Tony Stewart, get in on the act.
Of the Gwynn Foundation events, Stewart told Sports Illustrated: "There's a lot of times you do charity events and money gets raised and you know what the amount that's going to be donated is, and that's kind of the end of it. But with Darrell's foundation, every event you see a little boy or a little girl or a young person receive a new wheelchair and you see instantly the gratification on their face and knowing that the quality of their life is going to be better.''
For more about the Darrell Gwynn Foundation or to donate or participate in an event, visit the foundation website at http://www.darrellgwynnfoundation.org/.
Labels: spine injury
The family of the victim, Rhonda Kay Henson, 41, had sued Pioneer Drilling as well as the truck driver, Daniel Armstrong, for negligence and wrongful death. During his testimony, Armstrong admitted to numerous driving citations, accidents, and license suspensions. He also admitted that he and other Pioneer Drilling employees falsified and back-dated documents in his employee file after the fatal accident occurred.
“So you’ve lied to this jury as we’ve been here today?’ asked attorney John David Haart, who represented Henson’s family. “Why do you continue to lie while this family is here who have lost a loved one?”
“Yes, sir,” said Armstrong. “I don’t know.”
We can learn a lot from this case. While on the witness stand, the truck driver revealed that trucking companies will go to extreme lengths when they’re sued, even if that means falsifying documents and destroying evidence. Armstrong also admitted that he was not aware of laws and regulations pertaining to securing large loads. How many other unaware truck drivers with poor driving records are on our roadways?
After Armstrong admitted to lying, the court recessed, and the settlement offer was made. This case is interesting because most people, when sitting in court, will not admit to lying. In this case, the victim’s was fortunate that the truck driver decided to come clean.
As this case illustrates, trucking companies will do just about anything to keep from losing millions of dollars. If you’ve been injured in a tractor trailer accident, or if a family member was injured or killed in a truck wreck, you need to contact an experienced attorney as soon as possible.
In serious injury or fatal accident cases, large trucking companies will have their lawyers and experts on the scene immediately. You need someone working for you to secure evidence before it can be altered or destroyed. Some trucking companies will throw out the driver’s service records unless they are immediately contacted by an attorney.
Your attorney should be familiar with the Federal Motor Carrier Safety Rules and Regulations that govern tractor-trailer trucking companies. At MLN Law, we have the experience and expertise you need.
We work hard to uncover all the facts so that insurance adjusters, lawyers, judges and juries realize the catastrophic consequences that were caused by a defendant's negligence, carelessness, or recklessness. We go the extra mile to make sure you get full justice and full recovery.
If you have any questions about a catastrophic personal injury or wrongful death case, call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: negligence, tractor trailer, truck accident, truck wreck, wrongful death
For the safety conscious consumer, the CPSC’s website is an excellent one stop shop for product recall information. From the site, you can search for the safety and track record of items from amusement park rides to vinyl lunch boxes. This is handy if there is ever a question of a recall on a product you own. You can search the site by date of recall, company, product type, product description or hazard posed.
Important items to check out with the CPSC include hand-me-down baby items. As explained in this post about childproofing your home, it’s easy for busy new parents to miss a product recall, and then continue to use the same dangerous item for subsequent children.
The CPSC’s website can also be helpful if you are in the market for a new item, especially an item like a child’s crib. Check the site to find items that may have been recently recalled or companies with less than stellar track records when it comes to cribs. Speaking of cribs, the CPSC site also lists standards for safety that manufacturers have to adhere to when it comes to many products.
Perhaps most importantly of all, the CPSC’s website allows average consumers to report dangerous products. After all, as too many recent cases have shown, it is nearly impossible to make sure that every product that makes it out onto the market has been thoroughly tested. This is one way that you, as the consumer, can do your part to help others when you come across a dangerous product. Physicians, attorneys and investigators are also encouraged to file a report with the CPSC when they work on a case dealing with unsafe or potentially dangerous consumer products.
If you have any questions about the safety of a product in your home, it’s always a good idea to check with the Consumer Product Safety Commission. Their database of recalls and resources can be a real life saver when it comes to dangerous products.
Have you or someone you love been affected by a faulty product? You may have legal recourse. For a thorough investigation and caring, aggressive representation, call MLN Law at (404) 531-9700 for more information.
Labels: child proofing, product liability, product recall
Most cases of Chiari malformation (CM) are thought to be caused by defective fetal development of the brain and spine. CM can also be acquired later in life because of injury, infection, poisoning, or anything that drains cerebrospinal fluid.
A Chiari malformation (CM) may cause headaches, dizziness, vision problems, insomnia, depression, or more serious conditions. For instance, CM may impede the flow of cerebrospinal fluid, causing it to build up in the brain; this is know as hydrocephalus, and it cause affect mental function as well as the shape of the skull. Many people, however, do not even know that they have a CM, as it is asymptomatic.
Auto accidents and other traumatic injuries can cause asymptomatic CM to become symptomatic. A major medical study by Dr. Thomas Milhorat, MD, found that people with asymptomatic or mild CM typically have an underdeveloped cranial cavity and a crowded hindbrain. Auto accidents and other injuries can easily exacerbate this delicate condition by pushing the cerebellum farther into the foramen magnum, causing a CM symptoms to appear.
The World Chiari Malformation Association has published several trauma testimonials in which people describe suffering from Chiari malformation after a car accident. Here are a few of the stories:
“I was at a stop sign on November 3, 1995 when I was hit head-on by another car. Since then I have had all sorts of problems. Before my accident I was very healthy, working out every day etc. Now I have Arnold Chiari Malformation. Unfortunately, I had to go through 6 neurosurgeons in order to find one that specialized in ACM. I have had six surgeries since my accident...four of which were for ACM and SM. I deal with chronic pain every day now since this accident.”
“I was diagnosed with chiari during the summer of 1986. I had few symptoms at that time, and a neurologist told me then that if the chiari ever became truly troublesome, then surgery would be an option . In December 1996 , I was a passenger in a car that was stopped to make a left turn. We were rear-ended by a car going around 50 mph , and the back of my head struck the seat/ head rest. Within several hours, my symptoms got worse and continued to worsen for several weeks. Headaches and dizzy spells became constant along with many other symptoms commonly associated with ACM. One afternoon I passed out several times in my yard while trying to get into my house. A friend drove me to a nearby hospital where I was admitted and observed for several days. After seeing several specialists and undergoing many tests, it was discovered that my tonsillar herniation (ACM), which was 5 - 8 mm before the accident, was now 8 - 12 mm. It was explained to me by a world renowned ACM expert that my tonsils had herniated further due to the head blow.”
“In 1994, I was a passenger in a car that ran a red light, hitting another car head on. I was checked out at the local ER and sent home, with mild head injury, whiplash etc. The next day I woke up sick to my stomach, my left arm was numb, and I began having severe headaches and neck pain. After 2 years of suffering with symptoms, the doctor finally sent me to a neurologist where is was determined I had partial complex seizures. I spent one week at the neurology unit of University of Penn. Medical center. The doctors there confirmed that my seizures were caused by the car accident. I continued to have other symptoms so an MRI was done, finding the ACM. I had my first decompression in March 1997. We were not aware that ACM can be started by a trauma, although our neurosurgeon did say it is very possible. Before my accident, I had went to the doctors only a few times over a seven year period. I was very healthy, never had anything wrong. After the accident, in a two year period, I had seen the doctor over 60 times.”
Suffering from a Chiari malformation after an auto accident can be a painful, frightening experience that will likely require many doctor visits and surgeries. To make matters worse, it can be difficult to prove in a court of law that Chiari malformation symptoms were caused by an auto accident.
If you suffer from a brain injury due to an auto accident or other personal injury, you need an experienced attorney who understands your condition as well as the law. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: auto accident, car accidents, car wreck, traumatic brain injury
“We’re looking at a problem that could be as bad as drunk driving, and the government has covered it up,” Clarence Ditlow, director of the Center for Auto Safety, told the New York Times.
The problem is, these findings were never published in a report or released to the public until two consumer advocacy groups petitioned to view them through the Freedom of Information Act (FOIA).
Yesterday’s New York Times revealed that while the NHTSA had commissioned an in-depth study into the ways cell phone usage by drivers impacts wrecks and fatalities, no findings were ever published. Why? In part, reveals the Times, due to a mandate by the U.S. Congress.
According to the Times, then Transportation Secretary Norman Y. Mineta had been poised to send a letter to states warning them of the danger posed by cell phones. Research also showed that, because the conversation and not the phone caused the distraction, hands-free cell phones did not lessen the risk. But the letter was never sent because Congress had handed down a mandate telling the agency to refrain from lobbying states on transportation issues. Dr. Jeffrey Runge, who was head of the highway safety agency at the time, was told that the agency could lose billions in funding if they angered Congress by pursuing the letter to individual states.
The Times piece reported that the unpublished research conformed to the findings of other studies that “motorists talking on a phone are four times as likely to crash as other drivers, and are as likely to cause an accident as someone with a .08 blood alcohol content.”
For everyday drivers like you and me, one of the most important aspects of this story is how it reveals that a federal agency decided, perhaps due to pressure from Congress, not to step in at a crucial juncture in the history of cars and cell phones. At the time, many states were considering, and some even passed, laws banning drivers from using cell phone handsets. But no state, perhaps partly due to incomplete research, has passed an outright cell phone ban for drivers. Perhaps if this information had been disseminated to the individual states, a stronger case could have been made for banning wireless communication devices while driving. Who know how many lives could have been saved?
If you are interested in learning more about this story, and if you or a love one drive on the roads, you should be, visit the New York Times website for some more fascinating information. This link will take you to the actual suppressed documents from the NHTSA study, and you can read the entire New York Times story here.
Please leave your opinions on this very serious issue in the comments. What do you think of drivers using cell phones? Did this story change your opinion?
Labels: auto accident, cell phone
Bigger, heavier trucks take longer to stop and roll over easier. Research shows that a 100,000 pound truck travels 25 percent farther than an 80,000 pound truck after the driver hits the brakes. Heavier trucks would lead to more fatal accidents on our highways.
Large trucks already account for a disproportionate share of deaths. Large trucks account for approximately 2.4 deaths per 100 million vehicle miles traveled; that’s 50 percent greater than the rate for standard traffic. In 2006, 4,995 people died and 106,000 were injured in truck accidents.
Congressman McGovern said, “Heavier, unsafe trucks pose significant dangers to our driving public and to our roads and bridges. Our deteriorating infrastructure can ill afford the crushing damage that heavier trucks inflict, and motorists should not be subjected to such enormous risks. This is sensible, bipartisan legislation. I look forward to working with Senator Lautenberg to ensure that common-sense weight and size limits for trucks on our highways are maintained.”
U.S. Senator Frank R. Lautenberg (D-NJ) also supports the bill. Senator Lautenberg said, “Adding heavier trucks to our roads is simply a recipe for disaster. Our bill would protect our infrastructure and improve safety by helping keep dangerously large and heavy tractor-trailer trucks off our roads.”
Jane Mathis of the Truck Safety Coalition, whose son and daughter-in-law were killed in a tractor trailer crash, said, “Everyday, I live with the fact that a big truck crashed into my child’s car and killed him and his new wife. David and Mary Kathryn had just embarked upon a new life together and it was taken from them. We don't need bigger trucks, we need safer trucks. If large trucking companies and their lobbyists have their way, American families will be the ones to pay.”
Bigger, heavier trucks would also weaken highway infrastructure. The Department of Transportation reports that a third of the nation’s bridges are already structurally deficient. One tractor trailer truck can cause as much pavement damage as 13,900 mini-vans. Large trucks also use more fuel and create more pollution.
“According to the EPA, transportation is the largest and fastest growing source of greenhouse gas emissions,” said Rob McCulloch, Transportation Advocate for Environment America. “Truck freight represents the fastest growing mode of transportation pollution, producing more than 220 million tons of carbon dioxide each year. Capping truck weight limits through the Safe Highways and Infrastructure Preservation Act will be a crucial step in limiting this source of global warming pollution.”
Despite the risks of heavier trucks, some members of the trucking industry are pushing for laws that will allow heavier trucks. For example, Representative Michael Michaud is currently trying to amend the Surface Transportation Act of 2009 to allow for increases in truck size and weight.
If you oppose an increase in truck size and weight, let your legislators know. Tractor trailer trucks are already dangerous enough with current weight limits.
If you’ve been injured in a tractor trailer accident, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: truck accident, truck wreck, trucking
Part of the controversy over the incident stemmed from the fact that a report revealed that California Transportation (CALTRANS) officials were aware of the runaway truck problem, but asked for “more time” to finish their investigation of the site before implementing a fix.
Months later, the fix has finally been implemented.
California Assembly Bill 1361 will prohibit commercial vehicles with three or more axles or weighing 9,000 pounds or more from driving on the segment of Angeles Crest Highway located between Interstate 210 in La Cañada Flintridge and Big Pines Highway in Los Angeles County. The law will go into effect as soon as Governor Arnold Schwarzenegger signs it into law.
The bill was introduced by Assembly member Anthony Portantino (D) of La Canada Flintridge, the area where the crash occurred.
“AB 1361 has been a personal priority for me,” Assembly member Portantino said. “Local residents and commuters must be able to feel safe on our streets. It was inspiring to have so many people pull together and work with the legislature to pass this measure in the wake of the tragic accident last Spring.”
“The horrific scene of the crash where a father and his 12-year old daughter died will forever remain in the memories of those who witnessed it,” said California Senator Carol Liu, the bill’s coauthor. “The goal of AB 1361 is to make sure such a tragic incident never occurs again.”
The site of the accident is located in an area where trucks must travel on roads with grades as steep as 7%. According to a local blog, Pasadena Now, “in recent years, two trucks have lost control near a popular La Cañada Flintridge restaurant at the base of Route 2. In April 2005, a truck careened into a protective retaining wall, just feet from the restaurant, and in September 2008, a truck lost its brakes and smashed into seven cars in the restaurant’s parking lot.”
Unless you live in a hilly area, steep grades are not something you often think about, but for a truck driver, just navigating an 80,000 pound vehicle on a flat road can be a challenge. It’s all too easy for truck drivers to lose control on steep hillsides such as the one located in La Cañada Flintridge. Whether it acted far too late or not, the state of California acted correctly in banning large trucks from that steep hill and preventing who knows how many future accidents.
Have you or someone you know been the victim of an accident due to improper signage or other negligence by state or local government? Call MLN Law at (404) 531-9700 for more information about your options in this serious matter.
Labels: tractor trailer, truck safety, truck wreck
The Newnan Times-Herald recently reported that along one stretch of I-85, the north-bound and south-bound sides of the interstate are separated only by a narrow grass median. Moreover, the Georgia Department of Transportation says that they have no plans of erecting guardrails or any other kind of barrier. Just 20 feet of grass separates north and south-bound drivers.
When the road widening project is completed later this year, there will be additional 12-foot emergency lanes on either side of the flat grass median. Crystal Paulk-Buchannan of the Georgia DOT says that the total “recoverable zone” will be 44 feet wide.
But Coweta County Commissioner Randolph Collins says that some type of barrier is needed to prevent unnecessary accidents. Collins, who is also a Georgia State Patrol trooper and former member of the Georgia State Patrol’s Specialized Collision Reconstruction Team that investigates serious accidents, says, “The median is so flat and there is nothing there to catch a vehicle.”
On June 22, Teresa Parham was instantly killed when her car crossed the median and collided with a tractor-trailer truck. Parham was traveling southbound when she lost control of her car. Another fatal crossover accident occurred in the same vicinity last year.
Currently, the speed limit in the construction zone is only 50 miles per hour. Collins wonders, “So what are we going to do when it gets to 70?”
DOT District Engineer Thomas Howell said that the Federal Highway Administration has approved the installation of cable median barriers; however, there are no funds to purchase the barriers.
“This is a safety concern,” said Collins. “They don’t have the money to pay for it, but let’s find the money.”
Not all medians have barriers, but many of them wider, or they have a ditch in the middle of them. But near Newnan, one stretch of the median is completely flat.
“It is human instinct that, if there is a crash in front of you, or you’re too close for some reason, you go left or right,” said Collins. “If you are in the left lane, the only place you can go is to the left, and then you lose control.
“You’re traveling 70 miles per hour, and all of a sudden, the car in front of you does something stupid. You try to avoid it, you go left, and you’re going into the median. And then you’re head-on into somebody else.”
Because of the physics involved, crossover collisions are some of the most deadly. Imagine two vehicles colliding head-to-head at 70 mph.
“How do you survive that?” asked Collins.
And just imagine the damage that occurs when one of those vehicles is a tractor-trailer truck.
Be extra cautious when you’re driving in the construction zone on I-85 south of Atlanta. Even after the construction ends, you might want to stay in the right-hand lane!
If you’re injured in an auto accident or tractor trailer accident, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: auto accident, construction, tractor trailer, truck accident, truck wreck
According to a June report published in the Annals of Emergency Medicine, emergency medicine physicians and scientists at the Proteomics Center at Children's Hospital Boston may have discovered a way to diagnose appendicitis in children using a simple urine test. Doctors think that a certain protein, detectable in urine, might serve as a “biomarker” for appendicitis.
Despite improvement in imaging technologies, recent figures indicate that 3 to 30 percent of children have unnecessary appendectomies, while 30 to 45 percent of those diagnosed with appendicitis already have a ruptured appendix. Laboratory biomarkers have been identified, but none have proved reliable enough to be clinically useful. Researchers led by Richard Bachur, MD, acting chief of emergency medicine at Children's Hospital Boston, Hanno Steen, PhD, director of the Proteomics Center, and clinical fellow Alex Kentsis, MD, PhD, decided to take a systematic approach, performing a proteomics study using state-of-the are mass spectrometry (a technique that detects and quantifies proteins in a sample). Their two-part study has identified the most accurate biomarker for acute appendicitis known to date.
After performing tests and identifying seven promising urine biomarkers, the two decided that leucine-rich alpha-2-glycoprotein (LRG) was the most promising. This marker appears to be a specific marker for local inflammation. With almost no false positives or false negatives, LRG seemed to indicate to scientists when children were experiencing an inflamed appendix.
Of course, to prevent bias in the clinical trials, researchers were not told each test sample’s actual diagnosis. In the first phase, they examined 12 urine specimens – 6 from patients with appendicitis, taken before and after appendectomy, and 6 from patients without appendicitis –and identified 32 candidate biomarkers, including many proteins associated with immune response and inflammation. To these 32 they added other candidates found through gene expression studies and other means, yielding a total of 57 potential biomarkers. They then sought to validate these markers in 67 children seen at the hospital for suspected appendicitis over an 18-month period, 25 of whom ultimately had proven appendicitis.
These findings suggest that a clinical test, such as a urine dipstick, can be developed through further research. Soon, children could be quickly and efficiently diagnosed when appendicitis is present. (Or, avoid unnecessary surgery when appendicitis is absent.)
As for adults, the jury about urine testing for appendicitis is still out. According to doctors working on the study, biomarkers will likely vary for older patients. Further testing will need to be conducted before a determination can be made about the viability of LRG testing on adults.
Labels: child safety, solid medical advice
Federal law requires that truck drivers undergo a medical exam every two years; however, under current law, virtually any medical professional (including chiropractors and nurse practitioners) can sign off on the medical exam. Furthermore, a 2008 congressional investigation revealed that one out of three medical certificates examined in roadside stops cannot be verified; the doctors either don’t exist or deny every examining the truck driver.
Government websites supply blank medical certificates, and there’s nothing stopping drivers from filling out the certificates themselves. They can simply look up a doctor’s name in the phone book, look up the doctor’s medical license number on the internet, and sign the certificate themselves.
“Because so few attempts are made to authenticate a certificate, there is little risk that a driver will be caught if he or she forges or adulterates a certificate,” the study reported.
One Ohio doctor interviewed by a House Transportation and Infrastructure Committee in 2008 revealed that forgery of medical certificates by truck drivers is so commonplace “no one gets alarmed by it anymore.”
Currently, there is no electronic database for truck drivers’ medical certificates. They’re just pieces of paper, so law enforcement officers have no way to check whether they’re valid or forged. Most officers don’t have time to call the doctor listed on the certificate - and even if they do, medical privacy laws prevent doctors from revealing anything about a patient’s condition without a waiver. Additionally, the fines for driving without a medical certificate is very low, and the truck driver can keep driving.
The congressional investigation also found that more than 560,000 truck drivers are currently receiving full medical disability benefits! These medically unfit drivers should not be operating a deadly piece of equipment.
Federal laws are about to change - but not soon enough. In December 2008, the Federal Motor Carrier Safety Administration (FMCSA) issued a mandate that requires all states to merge medical cards with commercial drivers licenses into one electronic record. However, states have three years to implement the new system. In the meantime, truck drivers can continue to forge medical cards will no real threat of getting caught and virtually no penalties if they are caught. In 2006, the Transportation Department issued over seven million commercial citations for violating federal medical rules, but these citations didn’t change anything.
Each year, hundreds of deaths occur after a medically unfit truck driver passes out or has a heart attack behind the wheel. In 2006, a University of Pennsylvania Medical School study found that 28 percent of truck drivers have some form of sleep apnea, nearly 5 percent of truck drivers have severe sleep apnea, and 13 percent of truck drivers get fewer than five hours of sleep on a regular basis. The study concluded that “there are daytime neurobehavioral performance impairments that are found commonly in commercial drivers, and these are more likely among those who get an average of five or less hours of sleep a night and those who suffer from severe obstructive sleep apnea.”
Last year’s congressional hearing highlighted the following cases of medically unfit truck drivers:
- A gasoline tanker driver had a heart attack while driving, and his truck went of an overpass and killed four people in Maryland.
- A Virginia driver continues to drive tanker trucks even though he lacks the proper paperwork.
- A diabetic truck driver had a diabetic episode that caused him to crash on the interstate. The truck accident killed four women in Missouri. The truck driver’s employer ended up paying $18 million in a tort settlement.
How can this be happening? In part, it's because of the Americans with Disabilities Act. In the past, the FMCSA did not approve licenses for people with missing limbs, diabetes, or sleep disorders. But the Diabetes Associaion protested, arguing that people with diabetes should be able to keep driving as long as they’re under a doctor’s care. The problem is, obviously, that many truck drivers are not actually under a doctor’s care.
Be careful on the highway. If you are injured in a tractor trailer truck accident, call 404.531.9700 to schedule your free consultation. We'll put our experience to work for you.
America’s Road Team is made up of a group of truck drivers with stellar reputations and driving records who are dedicated to road safety. According to their site, the America’s Road Team program is “is a national public outreach program led by a small group of professional truck drivers who share superior driving skills, remarkable safety records and a strong desire to spread the word about safety on the highway.”
And America’s Road Team accomplishes that lofty goal in a common sense style apropos to the salt of the earth image of truck drivers we often seen depicted in television and film – they get hands on.
At an event at Skyview High School in Billings, Montana last month, members of America’s Road Team brought their convoy to show new teen drivers what to do to avoid a mix up with a tractor trailer truck. One of the best ways to learn is by doing, and teens were invited to climb up into the cab of a big rig and see the world as a truck driver sees it. They were probably quite surprised at the number of blind spots truck drivers have to contend with.
"It's important to show where not to be as a driver for a big truck because that car is actually in what they call a "no zone" which is a blind zone," said Ken Gray, trucker with Hanser's Automotive and Wrecker, when pointing out the blind spots to a student. "We can't see that car and if we turned right right now we'd actually drive over that car."
As the America’s Road Team members told the students, the three blind spots on a tractor trailer are on its sides and directly behind it. The biggest is on the right-hand side.
"So pass on the left side and do it as quickly as possible," said Wayne Staley, a Billings driver's education student attending the event.
For more on the good work that America’s Road Team is performing, visit their website and that of their parent organization, the American Trucking Association (ATA). Safe Summer Driving Tips from America’s Top Truck Drivers is a must read for anyone who shares the road with trucks or drives frequently.
We here at the MLN Law blog are grateful that America’s Road Team for serving as role models to truckers and educators to the public. Drive safely out there.
Labels: truck accident, truck safety, truck wreck, trucking
The accident happened yesterday during the evening rush hour. Police said that a car spun out of control, causing a tanker truck carrying 13,000 thousand gallons of fuel to flip and collide with another tractor trailer truck before bursting into flames. The explosion caused the overhead bridge to catch on fire.
“I just saw a big eruption,” said one onlooker. “I was in shock. I didn’t know what it was.”
Amazingly, nobody was killed in this horrendous tanker truck accident. All three drivers involved in the accident escaped with minor injuries.
“I can’t believe anyone walked out of that,” said another witness.
The bridge wasn’t so lucky. The fire burned for several hours and weakened the structure of the overpass before it collapsed. Both lanes of I-75 have been shut down while officials investigate the crash. The bridge that collapsed was only recently rebuilt. Now, it will probably be weeks or months to repair the overpass.
Here’s some raw video footage of the accident’s aftermath:
You have to be especially careful when you’re driving near tanker trucks. Approximately 70 percent of tanker trucks carry hazardous materials, according to the Federal Motor Carrier Safety Administration (FMCSA). FMCSA statistics show that hazardous material cargoes are 50 percent more likely to spill, and accidents often release toxic fumes.
Many tanker trucks carry flammable materials that can lead to explosions like the one in Michigan. Unfortunately, rollover accidents are common for tanker trucks. The momentum of the liquid cargo can shift easily, causing the truck to rollover. The majority of tanker truck accidents occur on rural highways, but when they occur in cities, the risk of injury is much higher.
A half-full tanker truck is the most likely type of truck to rollover, and rollovers account for approximately 55 percent of all fatalities caused by trucking accidents. According to the FMCSA, truck drivers are at fault in 55 percent of trucking accidents. In 2006, trucking accidents caused nearly 5,000 fatalities in the United States.
A 1992 analysis by the Los Angeles Times found that injuries due to hazardous materials incidents had increased 37 percent from 1982 to 1991. During this time period, 106 out of 108 deaths involved tanker trucks. Gasoline, sulfuric acid, and ammonia are the most dangerous liquids transported by tanker trucks.
If you have been injured in a tanker truck accident, call MLN Law at 404.531.9700. Our experienced truck accident attorneys will fight to get you the compensation that you for your recovery.
Labels: tanker truck wreck, truck accident, truck safety, truck wreck, trucking
On March 31, both sides of I-85 were shut down in Coweta County after a tanker truck collided with a tractor trailer truck and caught on fire, reports the Athens Banner-Herald.
Apparently, the tires of the tractor trailer slid of the edge of the pavement in the construction zone. The driver overcorrected and collided with the tanker. As a result, the tanker collided with a construction barrier that was in place to protect workers. The tanker trucks fuel tank caught on fire and exploded, and both drivers suffered serious injuries.
Luckily, there were no fatalities in the wreck, and no other vehicles were involved. The accident could have been much worse. A Coweta County high school not far from the scene of the accident was evacuated as a precaution. No students were injured.
Less than a month later, a tractor trailer truck overturned on I-85 southbound at the same location on a Monday morning. The truck, which was hauling double trailers, wrecked just north of Exit 56 (Collinsworth Road), reports the Newnan Times-Herald.
Both wrecks (plus several others) occurred in a two-lane section of the interstate where a road widening continues. In this particular location, there is no concrete barrier on the right-hand side of the road. The dirt shoulder drops off several inches.
The construction work is expected to continue throughout 2009, and I-85 south of Atlanta will remain a danger zone. Use other routes if possible, especially during inclement weather. Rain increases the rate of accidents in this dangerous construction zone.
The speed limit is lower in the construction zone, but many motorists continue to drive at speeds upwards of 70 miles per hour. There are not enough law enforcement officials in the area to effectively enforce the speed limit, and officers have a hard time monitoring and pulling over people in the construction zone.
“Where are [the officers] suppose to sit to run radar? And where are they suppose to pull you over? There is no where to go!” comments one concerned reader at times-herald.com. “The DOT needs to just really get it in gear and finish this job. It has gone on way too long . . . I have gotten to where I just avoid the interstate for about the past year and will continue to do so until the construction is complete. It is just too unsafe.
Another reader, who is a truck driver, referred to the construction zone as the “Death Road” in his comment: “I'm a truck driver that unfortunately must use that same stretch of road at least twice a week. I follow the posted speed +/- 3 mph and am petrified of this area due to 6 inches (if that) available on each side with 4-wheelers weaving in and out of traffic like it's Atlanta Motor Speedway. In the last 6 months, I've only seen 2-3 police patrolling. Trucks unlike cars take almost the whole lane. A slight drift of trailer and disaster can happen. Every state I've traveled in construction zones actually allows for room on each side accept Georgia . . . GET THE DEATH ROAD DONE DOT!”
If you must travel on I-85 south of Atlanta, obey the construction zone speed limits, and keep a safe distance between your vehicle and tractor trailers.
If you've been injured in a tractor trailer accident, call MLN Law at 404.531.9700 to schedule your free consultation.
Labels: construction, road construction, tractor trailer, truck accident, truck safety, truck wreck, trucking
Ngoc Minh Vo, a 24-year-old Stone Mountain woman, died after attempting to save a younger relative from drowning in Lake Lanier. In the struggle, she was submerged for 12 minutes. The six-year-old relative was resuscitated. A similar incident occurred that same weekend at Callaway Gardens. Rico Cruz, a 21-year-old East Point man, died after attempting to save a young boy struggling to stay afloat in Robin Lake. The boy was rescued by another swimmer, but Cruz drowned.
While a person’s first instinct may be to jump into the water and attempt to rescue a drowning victim, this can be extremely dangerous. Only people with rescue or lifeguard training should attempt to rescue someone in the water. Drowning people are working on pure instinct. They are fighting for their lives and will not hesitate to unknowingly pull a rescuer down under with them if it means the chance to survive. And often, the rescuer panics just as much as the drowning victim and jumps into the water when another method could work. If you are ever in the unfortunate position of witnessing a potential drowning, instead of jumping into the water, throw the drowning victim a floatation object attached to a rope or use a long pole to help that person reach safety.
Don’t attempt to be a Good Samaritan and end up a drowning victim. As these two recent Georgia incidents showcased, tragedy can strike all too easily. If you spend a lot of time in or near the water, consider taking a water rescue class and other pertinent first aid training, such as CPR.
When it comes to safety, prevention is always the best course. Please see these Water Safety Tips to ensure a fun, incident-free summer for the whole family.
Labels: Georgia, safety, swimming pool safety, water safety
The “Tongue Drive” was developed by Georgia Tech’s School of Electrical and Computer Engineering and would allow people in wheel chairs to interact more fully with the world around them with the help of a magnet the size of a grain of rice attached to their tongues. According to scientists, the magnet would be attached to the tongue by piercing, implantation or tissue adhesive. Once attached, the magnet would allow the user to manipulate a wheelchair or the cursor on a computer screen simply with the power of his or her tongue.
“This device could revolutionize the field of assistive technologies by helping individuals with severe disabilities, such as those with high-level spinal cord injuries, return to rich, active, independent and productive lives,” said Maysam Ghovanloo, an assistant professor in the Georgia Tech School of Electrical and Computer Engineering. Ghovanloo developed the system with graduate student Xueliang Huo.
“We chose the tongue to operate the system because unlike hands and feet, which are controlled by the brain through the spinal cord, the tongue is directly connected to the brain by a cranial nerve that generally escapes damage in severe spinal cord injuries or neuromuscular diseases,” said Ghovanloo, who started working on this project about three years ago at North Carolina State University. “Tongue movements are also fast, accurate and do not require much thinking, concentration or effort.”
A unit mounted on the wheelchair or an orthodontic brace inside the mouth detects the tongue movement and transmits a signal wirelessly to the computer or wheel chair. According to a statement from Georgia Tech, “A unique set of specific tongue movements can be tailored for each individual based on the user’s abilities, oral anatomy, personal preferences and lifestyle.” And unlike some of the brain-computer interface technologies, the Tongue Drive does not require brain surgery.
Georgia Tech’s discovery is promising to be a momentous achievement in mobility for spinal cord injury sufferers. View a short video demonstration of the Tongue Drive here. (Page opens as a Quicktime file).
If you are a loved one has experienced a spinal cord injury, you may have legal recourse. Call MLN Law at (404) 531-9700 for caring, aggressive representation.
Labels: spine injury
Children in hot cars have received quite a bit of press attention here in Georgia lately. Back in June, Janesia Williams, 26, of Ellenwood was arrested after leaving her 4-month-old twins locked inside her hot car while she went in to shop at Wal-Mart. Just a few days later, Krystal Nicole Whitehead, 25, of Barnesville was arrested on charges of cruelty to children after leaving her 5-month-old son in a hot car. Police said the outside temperature was 95 degrees and the child felt hot to the touch. Luckily, all three children are now doing well.
But a 2-year-old in Lexington, Kentucky was not so lucky. The child died after being left by her grandparents in a hot car for two hours. According to police, the grandparents, who were supposed to be watching the child and two others, had rushed into the house to deal with an emergency involving another one of the children. By the time they realized that the 2-year-old was still in the car, she had passed away.
Remember, this was after only two hours in a hot car where the maximum outside temperature reached a mere 89 degrees.
According to a recent statement from the Georgia Governor’s Office of Highway Safety, 42 children around the country died in hot cars in just the last year alone. In our hot Georgia summers, temperatures within hot cars can quickly spike up to 160 degrees Fahrenheit. Combine that blistering temperature with the fact that children’s body temperatures can rise 3-5 times faster than adults, and you are left with a potentially deadly threat to our little ones.
Keep in mind that temperatures can rise in a matter of minutes. Those minutes could be the 10 minutes it takes to run into a store or the five minutes a child is left in a hot car while you carry groceries into the house. Children can die in hot cars while the temperature outside is a relatively mild 80 degrees. This includes cars where the windows have been left open for ventilation. One in five child heat fatalities are intentionally left in hot cars but adults. Please get the word out to friends and neighbors about how sweltering temperatures in cars can affect young children. Don’t let them learn this lesson the hard way.
Also talk with your children about hot car dangers. Other heat fatalities have occurred when children accidentally lock themselves in hot cars while playing.
Please read the following tips from Bob Dallas of the Governor’s Office of Highway Safety and share them with friends and family who have young children:
• Teach children not to play in, on, or around vehicles.
• Never leave a child unattended in a vehicle, even with the windows slightly open for ventilation.
• Always lock car doors and trunks, especially at home; keep keys out of children’s reach.
• Check to make sure all children enter and leave the vehicle when heading to and from a destination.
• Be especially careful if dropping-off infants or children at daycare is not part of your normal routine.
• Place something you’ll need at your next stop (i.e. purse, lunch, gym bag, or briefcase) on the floor of the backseat where the child is sitting. This simple act could help prevent you from accidentally forgetting a child.
• If you see an unattended child in a vehicle, call 911 immediately.
Labels: child safety, children in hot cars
The report came from a study conducted through the Texas Transportation Institute (part of Texas A&M), but if you have ever driven in Atlanta rush hour then the findings surely came as no shock. According to the study, which ranked cities by the amount of hours that drivers had to spend in traffic delays, Atlanta drivers spent 135.3 million hours in traffic delays in 2007 alone. Though that sounds like a huge number, Los Angeles beat us out with a whopping 485 million hours idling. So the next time you are stuck in traffic, remember that it could be worse. You could be in L.A.
Other sobering statistics about Atlanta traffic included that Metro Atlanta drivers also used up 95.9 million more gallons of fuel in 2007 than they would have if it were not for traffic delays and that traffic delays cost us an estimated $3 billion.
But now for the good news, if you can call it good news. The Texas Transportation Institute’s “Urban Mobility Report” is based on data from 2007. A lot has changed since that year. Gas prices have fluctuated wildly and a recession has left many people jobless. Perhaps the results of a different Texas Transportation Institute study should come as no surprise: with fewer people going to work, the ones of us lucky enough to still have jobs have less traffic to contend with. Or as Bernie Fette from the Texas Transportation Institute put it:
"As goes the American economy, so goes traffic. There's fewer people going to work."
While the reasoning does make sense, who would have thought that traffic was a sign of prosperity?
On a more positive note, it seems that high gas prices actually drive people to use public transportation. MARTA, for instance, reported record breaking numbers of riders last summer when U.S. gas prices rose sharply. For awhile there, it seemed like Atlantans were going green. But the inverse also turned out to be true. When gas prices dropped again in the winter months, MARTA ridership declined, leading to budget worries for the transit agency that do not seem to be alleviating anytime soon.
While no statistics were available, there could also be more optimistic reasons for traffic decline in the past two years. As the push to “go green” gains steam, many people are asking their bosses to allow them to partially or fully telecommute. (Do you want to telecommute? Check out this blog post from Web Worker Daily on how to ask your boss to allow you to work remotely.) Other people, while victims of recession layoffs, are starting home businesses. There are whole communities, such as the Unintentional Entrepreneur devoted to people who have made lemonade out of this recession’s lemons. Specifically in Atlanta, people have been flocking to the Clean Air Campaign’s commute alternatives programs. Visit the Clean Air Campaign website for more information on traffic-busting options like carpooling and vanpooling.
How do you feel about Atlanta traffic? Have you noticed it receding in the past couple of years? And do you plan to take personal action to help alleviate Atlanta’s traffic, such as choosing public transit or telecommuting? We want to hear all about it in the comments.
In 1994, Bill Benish was a 20-year-old working his family’s 300 acre farm near Elk Mound, Wisconsin. As a high schooler he had won awards from the Future Farmers of America association, but the experience from FFA and years working on the family farm couldn’t prevent a tragic accident that almost cost Bill his life.
The incident occurred when a 10-ton chopper box wagon filled with silage fell on Bill’s head. When the wagon, which had been jacked up, fell, the left side of Bill’s head took the full force of its weight. Luckily, even though he was unfamiliar with CPR, Bill’s father had the presence of mind to pump Bill’s chest. This quick thinking dislodged a blood clot that was blocking Bill’s airway and likely saved his life.
More quick thinking and well-trained medical personnel saved the day every step of the way. Bill was taken by emergency responders to Sacred Heart Hospital in Eau Claire, Wisconsin where doctors put him in a coma to prevent brain swelling. Doctors told Bill’s parents, John and Carol, that he would not survive. The family prepared for the worst as days passed and tests showed no progress. They even discussed organ donation.
But then the incredible happened and tests began showing blood flow to Bill’s brain.
Out of the coma, Bill’s family was instrumental in helping him recuperate. Knowing that his son was an avid card player, his father John devised a test where he had Bill put a deck of cards in order by suit, number and character.
After passing his father's impromptu neurological test with flying colors, Bill embarked on the long road to recovery at Learning Services in Middleton. Bill’s injuries were so severe that he had to relearn life skills from crawling and walking to eating and drinking.
Perhaps fortunately for Bill, he does not remember many of the details of those trying times. Besides, that was 15 years ago and Bill now leads a full and productive life. He was able to get a driver’s license, which has allowed him to work several jobs since his recovery. These jobs include, touchingly, working as a delivery driver for the very newspaper that recently published Bill’s heartwarming story. He also has his own home, where he lives with his parents.
"I feel so good," Bill told the Dunn County News. "I made so many friends."
While every single traumatic brain injury is a tragedy in its own right, it is gratifying to read the stories of survivors like Bill Benish who never let their injuries get in the way of their normal, active lives. Here at MLN Law we are proud to honor Bill and his family, who did not let a terrible, senseless tragedy get in the way of a full, happy life.
Labels: traumatic brain injury
Ten people, ranging in age from 7 to 69, were killed when a truck driver failed to brake for stopped traffic and slammed into a line of cars, causing a deadly chain reaction.
At 1:16pm on Friday, June 26, 2009, driver Donald Creed of Willard, Missouri drove his tractor trailer down a hill near mile marker 321 on the Will Rogers Turnpike in Ottawa County, Oklahoma. There he came upon an earlier crash, which had stopped traffic. According to official reports, Creed did not apply the brakes or slow down and hit a vehicle in front of him, knocking it into a ditch. From there, Creed’s truck continued to barrel through stopped traffic, hitting the next vehicle in the line and causing a deadly chain reaction.
Before that day, Donald Creed, who obtained his commercial trucker’s license in his home state of Missouri, had a squeaky clean driving record. Investigators though, say that the truck's brakes were not faulty and that the incident must have been caused by driver error. While the day was clear and dry, Oklahoma state troopers did report that Creed was driving too fast for conditions. As we previously reported here on the MLN Law blog, the majority of accidents – with both tractor trailer trucks and personal vehicles – occur when drivers are driving too fast for conditions.
Investigators also performed a toxicology screen on Creed, but say that it appears alcohol was not involved in the accident. Nevertheless, Creed may face as many as 10 counts of negligent homicide.
The fact that the accident occurred on a clear day and that there were no apparent problems with the truck calls the age of the driver into question. Tulsa World, an Oklahoma newspaper, investigated the law in regard to age and commercial driver’s licenses. They found that there is no age limit on holding a commercial driver’s license as long as the licensee meets all requirements. Creed met the necessary requirements in April 2009, just two months before the accident. Obtaining this certification required having a medical exam that tested eyesight, hearing and other medical conditions. The truck’s log also showed that Creed was within acceptable limits for driving during the day and investigators did not mention any evidence of a falsified log book.
Pictures of the accident can be found on the web here.
The tragedy in Oklahoma, with its apparent lack of cause other than human error, illustrates just how dangerous tractor trailer accidents can be. Tractor trailers can weigh up to 80,000 pounds while most cars weigh about 3,000 pounds. A clash between the two, whether the driver is drunk or he simply looked away from the road at the worst moment, is almost always much more dangerous for the passengers in the personal auto than it is for the trucker.
If you’ve been injured in a tractor trailer accident, or if you’ve lost a loved one due to a negligent truck driver or trucking company, call MLN Law at (404) 531-9700 to schedule your free consultation. Call now. The longer you wait, the weaker your case becomes.
Labels: tractor trailer, truck accident, truck wreck
Earlier this year Atlanta’s public transit agency threatened to shut down service one day per week if they could not gain access to a protected part of their funding. By law, this $63 million surplus, MARTA's capital budget, currently goes toward capital improvements and maintenance of existing equipment and lines. The part of MARTA's funding that keep the transit system running, it's operations budget, was seriously depleted and heading toward it's own kind of train wreck. MARTA’s dual budget system is mandated by the Georgia Legislature as what lawmakers call an effort to ensure that MARTA keeps their buses and trains in top running condition.
According to the transit agency, access to those capital budget funds was the only way that it would be able to continue to operate the same levels and transport its daily load of 500,000 riders per day. When the Georgia Legislature left town without deciding the key question of whether MARTA should have access to its capital budget, MARTA was left in limbo.
Luckily for MARTA, the Atlanta Regional Commission (ARC), the agency responsible for planning in the Metro Atlanta region, was able to provide a quick fix by rerouting some federal stimulus money to MARTA’s operating budget. For now, MARTA will continue to run 7 days per week and until 1 am, with only a small fare hike projected for October 2009.
But the question of MARTA dipping into its capital budget to pay for operations expenses is still one worth exploring, especially in light of the recent train collision and derailment that took place in Washington D.C.
During rush hour on June 22, 2009 a moving southbound train collided with a stopped train ahead of it. This resulted in the lead train telescoping (i.e. plowing into the lead train and ending up atop it) and led directly to the deaths of the train operator and eight passengers. Along with the fatalities, several passengers were trapped for hours and 80 people suffered injuries. It has been reported as the worst Metro accident in Washington D.C. history.
Investigators soon found out that the wreck occurred as the result of a faulty signal. An improvement that had taken place just 5 days before on June 17th had resulted in a signal not reliably reporting when a train sat on the track up ahead.
It is just these types of accidents that Georgia lawmakers say they are trying to prevent when they restrict MARTA’s use of its xapital budget.
State Representative Jill Chambers is the head of the Georgia legislative committee that oversees MARTA. She recently told the AJC that the legislators who enacted the dual budget system for MARTA: “realized that political boards, made up of political appointees, didn’t always have the sophistication to know when they were being taken advantage of or induced into not-quite-ethical or maybe even corrupt situations. So the 50-50 split was designed to make sure there would always be funds to repair and maintain the system.”
She also pointed out that the Washington D.C. Metro accident may have come as the result of just such a failure to properly maintain infrastructure.
Chambers also maintains that if MARTA leaders had had the flexibility to dip into capital funds every time operations needs were strained then perhaps MARTA would be in the same situation, where faulty maintenance led to loss of life.
According to MARTA officials, though their new budget covers fiscal year 2010, they will be back in a severe budget crisis by fiscal year 2011 unless they are allowed to dip into their capital budget.
What do you think? Should MARTA be allowed to dip into their capital budget in order to maintain current operations? Or is having funds available for safety more important than maintaining current standards of service? Or maybe you even have a better idea. Sound off in the comments.
A different federal study, published in January and designed to track pandemic preparedness, ranks Georgia tied for sixth-worst among 56 states and U.S. territories, with territories like Guam and American Samoa beating the state in readiness to deal with major disease outbreaks.
A recent Atlanta Journal Constitution story brought the rankings – which raise doubts about Georgia’s preparedness when it comes to epidemics like swine flu, food borne illness, or bioterrorism – to light.
Other grim findings include the fact that Georgians are more likely than residents of most other states to suffer from communicable and chronic diseases. These diseases include AIDS, syphilis, tuberculosis, and diabetes. And this all takes place in the state that houses the Centers for Disease Control (CDC), the world’s premier public health agency.
Public health problems such as the salmonella poisoning outbreak originating from the Peanut Corporation plant in Blakely, Georgia have recently brought attention to the problem, but it was the impending swine flu (or H1N1) epidemic, that really brought home Georgia’s challenges when it comes to emergency health preparedness.
According to the AJC, back in January – three months before swine flu was even on the radar – the U.S. Department of Health and Human Services gave the White House a report about whether states were ready for a disease of pandemic proportions. The report evaluated states and territories on their preparedness in 28 key areas, such as maintaining the food supply, distributing vaccines and keeping transportation systems running. While most states had an average of 9.2 “inadequate” ratings in the report, Georgia had a whopping 16.
According to the report, Georgia does not have the infrastructure in place to manage the large numbers of fatalities that a pandemic could cause. It also does not have adequate plans to keep government facilities running or protect public employees. And as for providing public health care to those affected? Georgia simply isn’t ready.
Of course, though it was a federal study that reported these findings, health care preparedness is largely up to states. There is no federal standard for health care and very little that federal government agencies can mandate to make sure that Georgia’s health care system is up to snuff. In this year’s legislative session, the Georgia General Assembly cut the budget for epidemiology by ¼ and eliminated three epidemiology jobs and three emergency preparedness positions.
For more on Georgia’s lack of emergency preparedness, please read the whole story, which was featured in this weekend’s AJC.
As a Georgian, what do you think about the state’s low rankings when it comes to emergency preparedness? We would love to hear your opinion in the comments.
Labels: Georgia
The residents of Ocracoke Island, located in the Outer Banks section of North Carolina, were not so lucky.
Ocracoke Island is a sparsely inhabited 15-mile long spit of land which is only accessible by plane, boat or ferry. On July 4th, that inaccessibility, which locals and tourists alike cherish, became a detriment when a truck explosion rocked the Ocracoke Island docks.
The truck carried fireworks. Witnesses described the explosion as “about 40 minutes worth of fireworks going off in four seconds.” Two people were killed and three others flown to a hospital on the mainland in critical condition as the result of the blast. One of the fatalities died at the scene while another succumbed to injuries afterward at the hospital. Two firefighters were also treated for smoke inhalation and exhaustion.
A third injured worker was taken to a burn center about 180 miles away in Chapel Hill, NC. As of the latest news he is said to be in fair condition. Other injured workers were taken to the Pitt County Memorial Hospital in Greenville, but their conditions were not released.
The truck was the property of Melrose Hill Pyrotechnics out of Rock Hill, South Carolina. The workers involved in the explosion had been slated to put on Ocracoke’s annual 4th of July Fireworks show.
Pictures of the incident, submitted to CNN through their iReport system, can be viewed here.
A man in Pennsylvania was also killed in a fireworks accident over the weekend. As in the Ocracoke Island incident, the 19-year-old victim was an employee of the pyrotechnics company responsible for hosting the show.
The show took place in Quakertown, Pennsylvania. At about 9:45pm one of the fireworks used in the show misfired and debris struck the employee in the neck and chest. While the name of the fireworks company or the exact nature of the fireworks at fault has not been released, this incident just goes to show that even professionals operating with safety precautions can fall victim to fireworks.
How about you? Did you and your family have a safe and healthy Fourth?
Labels: fireworks safety
While Georgia law does allow for the sale of sparklers and other similar non-explosive fireworks, just because something is legal, does not mean it is safe.
Sparklers, widely considered the most innocuous of fireworks, can burn at temperatures as high as 1800 degrees.
In Georgia, only small scale fireworks are allowed, but with many areas cancelling their fireworks shows, many people may be tempted to smuggle fireworks into the state to create shows of their own. Fireworks displays are not exactly an unobtrusive crime and you can rest assured that the law will be strictly enforced.
After all, last year 9,800 injuries were reported from fireworks. If that weren’t hazard enough, on a typical Independence Day there are twice as many fires reported than on a typical day.
Are you planning on adding personal fireworks to your 4th of July celebration? If so, keep these tips from the National Fireworks Safety Council in mind as part of your safe and healthy Independence Day:
1.) Use fireworks outdoors only
2.) Have a hose or water bucket handy in case of fire
3.) Use fireworks only as intended. Never try to combine two different fireworks because you could be in for more than you bargained for
4.) Never relight a “dud” firework. The proper safety precaution to take in this instance is to wait 20 minutes and then soak it in a bucket of water
5.) Users should wear safety glasses and remain a safe distance from spectators
6.) Just as you use a “Designated Driver” use a “Designated Shooter”
7.) Don’t allow anyone under the age of 12 to use fireworks of any type
8.) Never try to substitute homemade fireworks or illegal explosives. This is an accident waiting to happen
If you follow these tips (or better yet, simply attend a local area fireworks show), the only flashing lights you will see on the 4th are the sparkle of fireworks and not the glare of an ambulance.
Check with the American Pyrotechnics Association for fireworks laws in your state. Remember, fireworks are a fun distraction, but don’t forget to think long and hard about firework safety before lighting that fuse.
The MLN Law blog wishes you and your family and friends a happy 4th of July!
Labels: atlanta, child safety, fireworks safety, Georgia
Said Owings of the speed limiting devices, “We are not against truckers. We are pro highway safety.”
While, according to Owings, the Bush administration was not receptive to his pleas for speed limiting devices on big trucks, the Obama administration seems more open to the idea. Ownings hopes that Congress will mandate speed limiting devices for big trucks in a soon to be drafted highway bill.
While independent trucking companies, private owner-operators and those with conservative views on government regulation have declared themselves opponents of the measure, Ownings has found himself with an unexpected source of support – the American Trucking Association (ATA).
According to the ATA, the speed limiting devices would not only preserve human life in case of a crash, they would also help preserve fuel.
"When the industry itself is asking for this requirement, it's hard to see Congress finding fault with it," ATA Senior Vice President Tim Lynch said.
But opponents of the measure, such as driver Julia Scott, say that turnabout should be fair play, and that if the government wants to put speed limiting devices on big trucks “they need to put speed limiting devices in the cars."
The Owner-Operator Independent Drivers Association agrees with Scott, declaring that mandatory speed limiting devices are likely to lead to more collisions because truck drivers will no longer have access to excess horsepower when executing emergency maneuvers. They also theorized that trucks being unable to pass one another would lead to increased traffic gridlock.
According to the latest data, speed is a factor in 9% of all fatal truck accidents. While speed is a factor in a larger percentage of small auto accidents than big truck accidents, it is wise to consider that 75% of all fatalities in truck accidents occur among drivers of other involved vehicles and 8% occur among bystanders. A truck’s size can cause exponential damage when barreling out of control.
The Owner-Operator Independent Drivers Association, though, questioned whether speed limiting devices would help in even the 9% of fatality accidents. To back up their point, they cited statistics saying that tractor trailer truck accidents occur more often when drivers are driving too fast for conditions, not when they are exceeding the speed limit in general.
Are you in favor of speed limiting devices on big trucks? Contact your congressman and show your support for such a measure in the upcoming highway bill.
If you’ve been injured in a tractor trailer accident, or if you’ve lost a loved one due to a negligent truck driver or trucking company, call MLN Law at (404) 531-9700 to schedule your free consultation. Call now. The longer you wait, the weaker your case becomes.
For more blog posts like this:
Tractor Trailer Blind Spot Locations – No Zones
Injury Caused by Failure to Properly Load Tractor Trailer
Top 10 Causes of Truck Accidents
Labels: tractor trailer, truck accident, truck wreck, trucking
Vendors at MARTA
MARTA riders will now be allowed to bring food and drink into common areas (though, save for resealable plastic bottles, not on buses and trains.) This amends an earlier law that only allowed people to bring resealable plastic bottles or food for children under five into train stations. MARTA’s Deputy General Dwight Ferrell commented that this law would pave the way for vendors such as newsstands and dry cleaners to open spaces within train stations. Would you find that convenient? Leave a message with your thoughts in the comments.
Embryos Up for Adoption
Religious conservatives backed House Bill 388 which would allow for the adoption of the extra embryos created when couples are trying to conceive. According to Jim Beck, President of the Georgia Christian Coalition, the bill is one step in the direction of having embryos declared “a life.” The bill’s author, however, did not include language in the bill specifying that an embryo is a person.
Legal Immigrant Employment Enforcement
The last leg of 2006 Georgia Security and Immigration Compliance Act will take effect today. It requires that all companies that do business with public employers verify that their employees are in the country legally.
Changes to Schools and Education
Georgia high school juniors and seniors will be allowed to attend college for high school course credit. A bill raising salaries for math and science teachers will go into effect in 2010. Students with allergies will be allowed to administer their own epi-pen injections on school grounds. Registered sex offenders will be prohibited from serving on school boards.
Law Enforcement
Any prisoner in jail for a year or longer will have to undergo a mandatory AIDS test. Crime victims, relatives and friends will now be allowed to testify through pre-recorded audio or video instead of appearing in person.
State Government
A new law states that absentee ballots must be counted and recorded at precinct level, and a new state agency has been created. The Department of Behavioral Health and Developmental Disabilities is part of Georgia’s health and human services infrastructure.
Historical Stewardship
April will now be Confederate Heritage and History Month and the Ralph Mark Gilbert Civil Rights Museum will now be an official state civil rights museum.
Do you have opinions (positive and negative) on Georgia’s new laws? We would love to hear about them in the comments section.
Labels: Georgia
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