Atlanta, Georgia Personal Injury Lawyer
Atlanta personal injury lawyer blog
Friday, January 29, 2010
New Federal Law Bans Texting for Truck Drivers, Bus Drivers
Wednesday, November 18, 2009
Jury Awards $5.25 Million to Family of Fatal Tractor Trailer Wreck Victim
Friday, September 4, 2009
Judge Awards $18 Million to Couple Injured in Truck Wreck
Tuesday, August 4, 2009
Injured Driver Collects $5.4 Million in Tractor Trailer Accident Settlement
Friday, July 31, 2009
Hundreds of Shut-Down Trucking Companies Still on Roads
Thursday, July 30, 2009
New Braking Standards for Tractor Trailer Trucks Will Save Hundreds of Lives
Friday, July 24, 2009
Atlanta Father Works to Limit Speed of Heavy Trucks
Thursday, July 23, 2009
Company Settles for $16 Million After Truck Driver Admits Lying
Tuesday, July 21, 2009
State of California Passes Bill Prohibiting Big Trucks in Dangerous Runaway Zone
Monday, July 20, 2009
I-85 Construction South of Atlanta Leads to More Auto Accidents
Thursday, July 16, 2009
I-85 Construction Leads to More Tractor Trailer Accidents
Thursday, July 9, 2009
10 Fatality Pile-up in Oklahoma Illustrates Tractor Trailer Dangers
Thursday, July 2, 2009
Speed Limiting Device for Tractor Trailers?
Thursday, June 18, 2009
Tractor Trailer Blind Spot Locations - No Zones
Wednesday, June 10, 2009
Injury Caused by Failure to Properly Load Tractor Trailer
The traffic cam video above shows a tractor trailer truck tip over on the highway in Grand Rapids, Michigan. The high speed of the truck shifted its payload to one side of the trailer, causing the truck to topple. In this case, luckily, no one was injured; however, injuries caused by failure to properly load tractor trailers are all too common.
The video clip below shows that, even at slow speeds, an improperly loaded tractor trailer can easily rollover. In this video, the truck is traveling at 35mph and mimicking a ramp turn. Because it is improperly loaded, the truck topples in the turn.
A tractor trailer load must be properly loaded, balanced, and secured in order to prevent roll-overs and accidents. If the cargo is not properly loaded and secured, a shift of the load can cause even the heaviest trucks to roll over. Overload tractor trailers are in serious danger of flipping.
The Federal Motor Carrier Safety Regulations specify the maximum load of a truck, as well as how it must be secured so that the truck’s maneuverability and stability is not put at risk. A trucking company and its drivers should not operate a tractor trailer unless the truck’s load is properly distributed and secured according to federal specifications, and a trucking company's failure to comply with federal cargo requirements may constitute negligence and serve as the legal basis of a personal injury case against the company.
Driver behavior is the number one cause of tractor trailer accidents - and when poor driving is combined with an improperly secured load or overloaded trailer, then an accident resulting in serious injury is highly likely. Injuries caused by failure to properly load tractor trailer truckers may include disfigurement, lost limbs, traumatic brain injury, paralysis, and death.
If you or a loved one have been injured in a tractor trailer roll-over or semi truck accident, you need an experienced attorney who is familiar with the Federal Motor Carrier Safety Regulations. MLN Law has the experience you need, and we provide caring, aggressive representation to those who have been injured. Call (404) 531-9700 to schedule your free consultation.
Tuesday, June 9, 2009
Top 10 Causes of Truck Accidents
Friday, June 5, 2009
Tractor Trailer Fatal Accidents
Tuesday, June 2, 2009
Sleep Deprivation Blamed for Georgia Tractor Trailer Accident Fatality
Monday, June 1, 2009
Defective Tires Caused Atlanta Area Tractor Trailer Accident
Thursday, May 28, 2009
Who’s at Fault for Runaway Trucks?
Wednesday, May 27, 2009
Truck Accidents an All Too Common Occurrence
Monday, May 18, 2009
Tired Truck Drivers Can Lead to Deadly Results
Friday, May 15, 2009
Fraudulent Truck Inspection Leads to Pennsylvania Man’s Death
Sunday, May 3, 2009
Atlanta Attorney - Injury Personal
Sunday, August 3, 2008
Life flight arrives at major wreck on Hwy. 53
Wednesday, June 4, 2008
Wisconsin school bus collides with semi trailer
Texting while driving is currently restricted in only 19 states. (Georgia is not one of them.) In an effort to reduce the number of bus wrecks and truck wrecks, a new federal law has banned texting by U.S. commercial truck drivers and bus drivers.
Transportation Secretary Ray LaHood announced the new law on Tuesday and said that it takes effect immediately. This follows the December 2009 ban on texting for all federal employees driving on thejob.
"We want the drivers of big rigs and buses and those who share the roads with them to be safe," said LaHood. "This is an important safety step, and we will be taking more to eliminate the threat of distracted driving."
The new ban on texting carries fines up to $2,750.
According to the National Safety Council, approximately 200,000 U.S. wrecks are caused each year by drivers who are texting.
Recent research on distracted driving has shown that drivers who take their eyes off the road to send and receive text messages are much more likely to crash.
The Federal Motor Carrier Safety Administration (FMCSA) reports that drivers have their eyes of the road for about 4.6 seconds out of every 6 seconds. Research suggests that texting drivers are about 20 times more likely to be involved in an auto accident.
Legislation has been introduced that would ban texting for all drivers. States that fail to enact texting bans within two years would lose a percentage of their federal highway funding.
The current ban on texting for truckers and bus drivers is certainly welcomed, but in some respects, it's too little, too late. Texting while driving is a common phenomenon that is putting us all at danger.
A ban on texting for all drivers might also reduce the number of intoxicated drivers on the road. Back in December, the Seattle Times reported that drivers are using text messages, twitter, facebook, and other electronic messaging systems to warn each other about DUI checkpoints and road blocks. In fact, there's an iPhone application that's specifically designed to identify checkpoints! (I have a bad feeling that I may soon see someone using an iPad while driving around Atlanta.)
Unfortunately, distracted driving will likely be a major problem and continue to cause auto accidents, injuries, and fatalities for years to come.
You can reduce your chances of being in a wreck by turning off your cell phone when your driving. Remember the good old days before cell phones when drivers kept their eyes on the road (most of the time)? In my mind, keeping your eyes on the road is the most important safety precaution for driving. if you need to use your cell phone, pull over, take a break, and take care of your business.
Have you been injured by a distracted driver? If so, contact an experienced Atlanta, Georgia auto accident lawyer immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule your free consultation.
Transportation Secretary Ray LaHood announced the new law on Tuesday and said that it takes effect immediately. This follows the December 2009 ban on texting for all federal employees driving on thejob.
"We want the drivers of big rigs and buses and those who share the roads with them to be safe," said LaHood. "This is an important safety step, and we will be taking more to eliminate the threat of distracted driving."
The new ban on texting carries fines up to $2,750.
According to the National Safety Council, approximately 200,000 U.S. wrecks are caused each year by drivers who are texting.
Recent research on distracted driving has shown that drivers who take their eyes off the road to send and receive text messages are much more likely to crash.
The Federal Motor Carrier Safety Administration (FMCSA) reports that drivers have their eyes of the road for about 4.6 seconds out of every 6 seconds. Research suggests that texting drivers are about 20 times more likely to be involved in an auto accident.
Legislation has been introduced that would ban texting for all drivers. States that fail to enact texting bans within two years would lose a percentage of their federal highway funding.
The current ban on texting for truckers and bus drivers is certainly welcomed, but in some respects, it's too little, too late. Texting while driving is a common phenomenon that is putting us all at danger.
A ban on texting for all drivers might also reduce the number of intoxicated drivers on the road. Back in December, the Seattle Times reported that drivers are using text messages, twitter, facebook, and other electronic messaging systems to warn each other about DUI checkpoints and road blocks. In fact, there's an iPhone application that's specifically designed to identify checkpoints! (I have a bad feeling that I may soon see someone using an iPad while driving around Atlanta.)
Unfortunately, distracted driving will likely be a major problem and continue to cause auto accidents, injuries, and fatalities for years to come.
You can reduce your chances of being in a wreck by turning off your cell phone when your driving. Remember the good old days before cell phones when drivers kept their eyes on the road (most of the time)? In my mind, keeping your eyes on the road is the most important safety precaution for driving. if you need to use your cell phone, pull over, take a break, and take care of your business.
Have you been injured by a distracted driver? If so, contact an experienced Atlanta, Georgia auto accident lawyer immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: driving and technology, driving and texting, text messaging, tractor trailer, truck safety, trucking
The Charlottesville Daily Progressed reports that an Albemarle County, Virginia jury has awarded $5.25 million to the family of a 16-year-old girl who was killed in a tractor trailer wreck in 2008.
The jury found that the truck driver Kenneth Barbour was negligent when his tractor trailer ran a red light on May 9, 2008 and crashed into a Chevrolet Cavalier driven by 16-year-old Sydney Aichs. The Don B. Swisher Trucking Corporation and McCann Delivery Service were also found to be negligent. The verdict came after a two-day trail in Albemarle Circuit Court. Earlier this year, Barbour pled guilty to involuntary manslaughter and reckless driving. He was sentenced to two years in prison.
The family of Sydney Aichs filed a $15 million lawsuit against the defendants in October 2008, accusing them of negligence and requesting punitive damages. The judge granted a motion to strike punitive damages against Barbour since his actions did not meet all the required thresholds for negligence.
It took the jury three hours to reach a decision. Sydney’s father Clinton Aichs began to cry when Circuit Judge Cheryl Higgins read off the verdict, which awarded $1.75 million to Sydney’s father, mother, and brother. The father and mother embraced after the verdict was read. Their attorney J. Gregory Webb also received hugs from the parents.
“We are very pleased the jury came back with the verdict,” Webb said. “I think it’s the right verdict . . . We are thankful for the jury’s thoughtfulness.”
Webb said that his clients felt vindicated after verdict was announced.
Attorney John Zunka, who represented Barbour and his former employer, did not comment on the verdict and did not say if his clients would appeal.
The lawsuit alleged that Barbour did not slow down as he approached the intersection in his tractor trailer truck. Aichs was making a left turn in her car when the tractor trailer hit her car. The lawsuit claimed that Barbour’s employers were negligent for not properly training and supervising Barbour and for allowing him to drive his big rig when it had defective parts.
Clinton Aichs, the father of the victim, was the final plaintiff witness in the trial last Friday morning. He told the jury how hard life has been for his family since his daughter’s tragic death.
“[One of us] will use a credit card at [a store] and someone will see the name and say, ‘Isn’t that the girl who died at the intersection?’” he said. He told the court that he lies about his identity whenever this happens to keep the speaker from feeling guilty.
It’s difficult to imagine the hardships that a family must endure after losing someone in a tragic accident. If you’ve lost a family member in a tractor trailer truck wreck due to negligence on the part of the truck driver or trucking company, contact an experienced Georgia tractor trailer wreck lawyer immediately. At MLN Law, we provide caring, aggressive representation for personal injury victims and their families. Call MLN Law at 404-531-9700 to schedule a free consultation.
The jury found that the truck driver Kenneth Barbour was negligent when his tractor trailer ran a red light on May 9, 2008 and crashed into a Chevrolet Cavalier driven by 16-year-old Sydney Aichs. The Don B. Swisher Trucking Corporation and McCann Delivery Service were also found to be negligent. The verdict came after a two-day trail in Albemarle Circuit Court. Earlier this year, Barbour pled guilty to involuntary manslaughter and reckless driving. He was sentenced to two years in prison.
The family of Sydney Aichs filed a $15 million lawsuit against the defendants in October 2008, accusing them of negligence and requesting punitive damages. The judge granted a motion to strike punitive damages against Barbour since his actions did not meet all the required thresholds for negligence.
It took the jury three hours to reach a decision. Sydney’s father Clinton Aichs began to cry when Circuit Judge Cheryl Higgins read off the verdict, which awarded $1.75 million to Sydney’s father, mother, and brother. The father and mother embraced after the verdict was read. Their attorney J. Gregory Webb also received hugs from the parents.
“We are very pleased the jury came back with the verdict,” Webb said. “I think it’s the right verdict . . . We are thankful for the jury’s thoughtfulness.”
Webb said that his clients felt vindicated after verdict was announced.
Attorney John Zunka, who represented Barbour and his former employer, did not comment on the verdict and did not say if his clients would appeal.
The lawsuit alleged that Barbour did not slow down as he approached the intersection in his tractor trailer truck. Aichs was making a left turn in her car when the tractor trailer hit her car. The lawsuit claimed that Barbour’s employers were negligent for not properly training and supervising Barbour and for allowing him to drive his big rig when it had defective parts.
Clinton Aichs, the father of the victim, was the final plaintiff witness in the trial last Friday morning. He told the jury how hard life has been for his family since his daughter’s tragic death.
“[One of us] will use a credit card at [a store] and someone will see the name and say, ‘Isn’t that the girl who died at the intersection?’” he said. He told the court that he lies about his identity whenever this happens to keep the speaker from feeling guilty.
It’s difficult to imagine the hardships that a family must endure after losing someone in a tragic accident. If you’ve lost a family member in a tractor trailer truck wreck due to negligence on the part of the truck driver or trucking company, contact an experienced Georgia tractor trailer wreck lawyer immediately. At MLN Law, we provide caring, aggressive representation for personal injury victims and their families. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: tractor trailer, truck wreck
The St. Louis Post-Dispatch reports that a federal magistrate judge has awarded more than $18 million to a couple after the husband was permanently disabled in a tractor trailer truck wreck in which the truck driver was reaching for a cell phone.
The wreck left Mark Tiburzi, 53, unable to walk or talk. He requires constant care in a nursing home.
The judge ruled that the truck driver and his trucking company must pay more than $13.8 million to Tiburzi and $4.2 million to the wife.
The suit was filed in federal court because the trucking company is located in Alabama. Following a one-day bench trial, U.S. Magistrate Judge David D. Noce found that “it was more likely true than not true” that the truck driver was negligent.
The pileup accident, which occurred on Interstate 64 in St. Louis, also caused three fatalities in other vehicles and a total of 14 injuries. Lydia Miller (55), Alvin Mast (88), and Keith Cason (55) all were killed in the wreck.
Trial is pending on involuntary manslaughter charges against the truck driver, Jeffrey Knight, and at least two other families have civil suits pending against Knight and the trucking company.
Knight, 49, claims that he was reaching for a cell phone when his tractor trailer truck crashed into other vehicles on the interstate highway. Knight and his trucking company, Holmes Transport of Muscle Shoals, AL, were ordered to pay damages. Court documents show that Knight violated safety regulations by driving more than the maximum number of hours allowed in an eight-day period.
Regarding news story about this case on stltoday.com, one reader comments: Even more dangerous than cell phone use is the abuse of hours of driving allowed by the Dept. of Transportation. It is common for a driver to exceed his 11 hours allowed and falsifying his record of duty status is routine. This should not be overlooked as a reason why this accident occurred. A fatigued driver is dangerous. Many trucking companies ignore these violations and dispatch the drivers in such a way that they have to exceed their allowable hours in order to make the delivery schedules. The D.O.T. needs to clamp down on these violations! Here is a scary thought; the driver of that 80,000 lb rig in your mirror is probably half asleep from driving beyond the legal limits. This was a major contributor to the horrible accident in this article.
Indeed, due to the competitive nature of the trucking industry, drivers commonly falsify log books and violate safety regulations. When you combine driver fatigue with driver distraction (such cell phone use), an accident is sure to occur at some point.
In fact, a recent Virginia Tech study found that texting truckers are 23 times more likely to crash.
If you or a loved one has been injured in a truck accident, you need an experienced attorney who understands the complex laws and regulations of the trucking industry. If you have any questions, call MLN Law at 404-531-9700 to schedule a free consultation.
The wreck left Mark Tiburzi, 53, unable to walk or talk. He requires constant care in a nursing home.
The judge ruled that the truck driver and his trucking company must pay more than $13.8 million to Tiburzi and $4.2 million to the wife.
The suit was filed in federal court because the trucking company is located in Alabama. Following a one-day bench trial, U.S. Magistrate Judge David D. Noce found that “it was more likely true than not true” that the truck driver was negligent.
The pileup accident, which occurred on Interstate 64 in St. Louis, also caused three fatalities in other vehicles and a total of 14 injuries. Lydia Miller (55), Alvin Mast (88), and Keith Cason (55) all were killed in the wreck.
Trial is pending on involuntary manslaughter charges against the truck driver, Jeffrey Knight, and at least two other families have civil suits pending against Knight and the trucking company.
Knight, 49, claims that he was reaching for a cell phone when his tractor trailer truck crashed into other vehicles on the interstate highway. Knight and his trucking company, Holmes Transport of Muscle Shoals, AL, were ordered to pay damages. Court documents show that Knight violated safety regulations by driving more than the maximum number of hours allowed in an eight-day period.
Regarding news story about this case on stltoday.com, one reader comments: Even more dangerous than cell phone use is the abuse of hours of driving allowed by the Dept. of Transportation. It is common for a driver to exceed his 11 hours allowed and falsifying his record of duty status is routine. This should not be overlooked as a reason why this accident occurred. A fatigued driver is dangerous. Many trucking companies ignore these violations and dispatch the drivers in such a way that they have to exceed their allowable hours in order to make the delivery schedules. The D.O.T. needs to clamp down on these violations! Here is a scary thought; the driver of that 80,000 lb rig in your mirror is probably half asleep from driving beyond the legal limits. This was a major contributor to the horrible accident in this article.
Indeed, due to the competitive nature of the trucking industry, drivers commonly falsify log books and violate safety regulations. When you combine driver fatigue with driver distraction (such cell phone use), an accident is sure to occur at some point.
In fact, a recent Virginia Tech study found that texting truckers are 23 times more likely to crash.
If you or a loved one has been injured in a truck accident, you need an experienced attorney who understands the complex laws and regulations of the trucking industry. If you have any questions, call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: cell phone, tractor trailer, truck wreck
Yesterday the Fulton County Daily Report reported that pre-trial mediation in Floyd County resulted in a $5.4 million settlement for Amanda McAdams, who was seriously injured by an out-of-control tractor trailer truck in 2007.
McAdams, who was 32 at the time, was driving on GA Route 20 in Bartow County when a tractor trailer coming the other way swerved, went off the road into a ditch, and struck several trees before crossing the center line. The large truck hit McAdams’ car, and she was airlifted to Grady Memorial Hospital after the accident injured her in several places. Her attorney Michael Werner explained, “Ultimately, she required a total hip replacement due to bone loss and destruction of her hip.”
The truck driver said that he swerved to avoid a red car approaching in his lane. McAdams sued the trucking company, Vend Service Inc., in Floyd County Superior Court because the company is located in Rome. She also sued the driver of the truck and the driver of a red car, know only as John Doe. Two of the witnesses, however, said that there may not have been a John Doe driver. Defense attorney Thomas Brennan suggested that this was one reason for the settlement, along with the fact that “their expert said she’d be in a wheelchair most of her life.
McAdams’ attorney Werner said, “The expert testimony was all over the place. Our doctor was saying she was going to need a hip revision every 10 or 15 years. The defense expert said no, she would be fine, it would only be one more, and she would be able to resume an active lifestyle.” As this case illustrates, expert testimony is not always consistent. In personal injury cases, the attorneys for large trucking companies often find experts who will make their case stronger.
The $5.4 million settlement was reached on July 16 during a pre-trial mediation conference at Henning Mediation and Arbitration Service in Atlanta. Not all cases go to trial; many are settled out of court. A mediation service provides a neutral third party to facilitate discussion between the parties and their attorneys. The neutral party or mediator also helps in settlement negotiations but does not have any decision-making power. In a mediation, both parties must voluntarily agree to a settlement.
At MLN Law, we explore all avenues of just compensation, including mediation and, if necessary, litigation. While some cases are settled out of court, we prepare for every case as if we’re going to trial. We want to get the best possible settlement for our clients; that entails securing important evidence as well as expert witnesses. If you’ve been injured in a tractor trailer accident, time is of the essence. You need to hire an experienced attorney as soon as possible so that he or she can preserve evidence. If you have any questions about tractor trailer injury law, all MLN Law at 404-531-9700 to schedule your free consultation.
McAdams, who was 32 at the time, was driving on GA Route 20 in Bartow County when a tractor trailer coming the other way swerved, went off the road into a ditch, and struck several trees before crossing the center line. The large truck hit McAdams’ car, and she was airlifted to Grady Memorial Hospital after the accident injured her in several places. Her attorney Michael Werner explained, “Ultimately, she required a total hip replacement due to bone loss and destruction of her hip.”
The truck driver said that he swerved to avoid a red car approaching in his lane. McAdams sued the trucking company, Vend Service Inc., in Floyd County Superior Court because the company is located in Rome. She also sued the driver of the truck and the driver of a red car, know only as John Doe. Two of the witnesses, however, said that there may not have been a John Doe driver. Defense attorney Thomas Brennan suggested that this was one reason for the settlement, along with the fact that “their expert said she’d be in a wheelchair most of her life.
McAdams’ attorney Werner said, “The expert testimony was all over the place. Our doctor was saying she was going to need a hip revision every 10 or 15 years. The defense expert said no, she would be fine, it would only be one more, and she would be able to resume an active lifestyle.” As this case illustrates, expert testimony is not always consistent. In personal injury cases, the attorneys for large trucking companies often find experts who will make their case stronger.
The $5.4 million settlement was reached on July 16 during a pre-trial mediation conference at Henning Mediation and Arbitration Service in Atlanta. Not all cases go to trial; many are settled out of court. A mediation service provides a neutral third party to facilitate discussion between the parties and their attorneys. The neutral party or mediator also helps in settlement negotiations but does not have any decision-making power. In a mediation, both parties must voluntarily agree to a settlement.
At MLN Law, we explore all avenues of just compensation, including mediation and, if necessary, litigation. While some cases are settled out of court, we prepare for every case as if we’re going to trial. We want to get the best possible settlement for our clients; that entails securing important evidence as well as expert witnesses. If you’ve been injured in a tractor trailer accident, time is of the essence. You need to hire an experienced attorney as soon as possible so that he or she can preserve evidence. If you have any questions about tractor trailer injury law, all MLN Law at 404-531-9700 to schedule your free consultation.
Labels: tractor trailer, truck accident, truck wreck
The Associated Press recently obtained a study from the Government Accountability Office (GAO) which found that hundreds of tractor-trailer and bus companies that were ordered to be shut down are still on the road under different names. The companies were shut down because of federal violations such as suspended licenses and alleged drug use.
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.
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
On July 24, the National Highway Traffic Safety Administration (NHTSA) issued new braking standards for large trucks to improve stopping distance by 30 percent. The NHTSA estimates that these new braking standards will save 227 lives and prevent 300 serious injuries each year.
“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.
“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
“My rear-view mirror has turned into a time machine,” writes Steve Owings, an Atlanta financial planner and founder of RoadSafeAmerica.org. “Every now and then when I glance into it, I see my son Cullum backing out of our driveway, waving one last time as he pulls away. Then the truth comes crashing home again: I'm still here, and he's not.”
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?
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
Last week the Dallas News reported that Pioneer Drilling agreed to a $16 million settlement in a case involving the death of a woman who was killed after two large pieces of gas well equipment feel from a Pioneer tractor-trailer truck. One piece of equipment struck the woman’s small truck and killed her.
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.
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
Back in April, the MLN Law blog brought you news of the controversy swirling around a tractor trailer truck crash in the town of La Cañada Flintridge, California. After the driver lost control on a steep incline, the truck ran away, crashing into a shopping center. The accident, described in horrifying detail in the LA Times, killed two, a father and daughter, and injured at least 12 more people.
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.
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
Last week I blogged about tractor trailer accidents in the I-85 construction zone. Unfortunately, the situation doesn’t appear to be getting any better.
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.
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
The long-term road construction on Interstate 85 south of Atlanta has led to an increase in tractor trailer accidents.
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.
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
Oklahomans are still reeling after a freeway pileup on the Will Rogers turnpike turned out to be one of the deadliest truck wrecks in Oklahoma history.
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.
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
A grassroots campaign to have speed limiting devices installed in all tractor trailer trucks is gaining momentum in Washington. Leading the fight is Stephen Owings, whose 22-year-old son died when his car was rear ended by a big rig.
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
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
Most drivers have had at least one close call due to their blind spots, the area of the road that they can’t see through either side or rear-view mirrors. In most cases, you have to turn your head to see the blind spot. “Fisheye” mirrors also help drivers see their blind spots.
In general, larger vehicles have larger blind spots. Tractor trailer blind spots can contain entire vehicles. That’s why many trucks have warning stickers that read “If you can’t see my mirrors, I can’t see you.” A tractor trailer truck driver also sits high off the road, which limits vision further. Fisheye mirrors can bring blind spots into view, but they also distort distances.
The blind spots for large trucks are sometimes referred to as “no zone” areas - and, as another driver, you want to stay out of these areas. Tractor trailers have blind spots in the rear of the truck, the front of the truck, and the side of the truck. If a car is in one of the no zones, the drive usually cannot see it at all. Many tractor trailer accidents are caused by truck drivers changing lanes and collided with a car in a no zone. When you’re driving on the highway, try to minimize your time driving beside tractor trailers; it’s better to pass quickly or stay behind them. Limit your time in the no zones to just a few seconds for passing. Always keep a safe distance between your vehicle and large trucks. Don’t follow too closely, and don’t let a tractor trailer follow you too closely. Be a defensive driver.
Before you pass a tractor trailer, make sure that the truck’s turn signal is not on. Also wait and couple of seconds and make sure that the truck is not slowly drifting into your lane. Don’t assume that the truck driver can see you.
When you pass a tractor trailer on the highway, make sure that you get far ahead of the truck before getting back in the right-hand lane. Cars that quickly cut in front of large trucks often cause truck drivers to instinctively slam on the brakes, which could endanger all surrounding vehicles. This kind of thoughtless behavior causes accidents. If the trailer’s load is not properly secured, for instance, hitting the breaks can cause a shift in weight and topple the entire trailer.
Next time you find yourself cruising down the highway beside a large truck, remember that tractor trailers command deadly force. Stay out of the no zones, and you’ll greatly reduce your changes of being in a tractor trailer accident.
Also be on the lookout for tractor trailers making right turns. The “right turn squeeze” is another common cause of tractor trailer accidents. When large trucks make sharp right turns, they must swing the truck to the left to negotiate the turn. If your car is to the left of the truck, there’s a good chance that the truck will cross over into your lane while make the turn. This can confuse other motorists, and sometimes large trucks wind up squeezing cars out of their lanes and into other vehicles or walls. Watch for turn signals, and try to anticipate the truck driver’s move. Never try to squeeze past a truck when it’s making a turn. Just be patient and stay behind the truck. Otherwise, you’ll end up in a no zone, and that’s a dangerous place to be.
Finally, avoid getting sandwiched between two large trucks - with one in front of you and one behind you. Many times, neither truck driver will be able to see your car. If the truck driver in front of you hits the brakes, or if you hit the brakes . . . well, you can image what happens.
In 86 percent of tractor trailer fatalities, the people killed are not occupants of the truck. In most cases, they’re other motorists. Defensive driving will reduce your changes of being in a tractor trailer wreck, but it won’t always prevent an accident.
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.
In general, larger vehicles have larger blind spots. Tractor trailer blind spots can contain entire vehicles. That’s why many trucks have warning stickers that read “If you can’t see my mirrors, I can’t see you.” A tractor trailer truck driver also sits high off the road, which limits vision further. Fisheye mirrors can bring blind spots into view, but they also distort distances.
The blind spots for large trucks are sometimes referred to as “no zone” areas - and, as another driver, you want to stay out of these areas. Tractor trailers have blind spots in the rear of the truck, the front of the truck, and the side of the truck. If a car is in one of the no zones, the drive usually cannot see it at all. Many tractor trailer accidents are caused by truck drivers changing lanes and collided with a car in a no zone. When you’re driving on the highway, try to minimize your time driving beside tractor trailers; it’s better to pass quickly or stay behind them. Limit your time in the no zones to just a few seconds for passing. Always keep a safe distance between your vehicle and large trucks. Don’t follow too closely, and don’t let a tractor trailer follow you too closely. Be a defensive driver.
Before you pass a tractor trailer, make sure that the truck’s turn signal is not on. Also wait and couple of seconds and make sure that the truck is not slowly drifting into your lane. Don’t assume that the truck driver can see you.
When you pass a tractor trailer on the highway, make sure that you get far ahead of the truck before getting back in the right-hand lane. Cars that quickly cut in front of large trucks often cause truck drivers to instinctively slam on the brakes, which could endanger all surrounding vehicles. This kind of thoughtless behavior causes accidents. If the trailer’s load is not properly secured, for instance, hitting the breaks can cause a shift in weight and topple the entire trailer.
Next time you find yourself cruising down the highway beside a large truck, remember that tractor trailers command deadly force. Stay out of the no zones, and you’ll greatly reduce your changes of being in a tractor trailer accident.
Also be on the lookout for tractor trailers making right turns. The “right turn squeeze” is another common cause of tractor trailer accidents. When large trucks make sharp right turns, they must swing the truck to the left to negotiate the turn. If your car is to the left of the truck, there’s a good chance that the truck will cross over into your lane while make the turn. This can confuse other motorists, and sometimes large trucks wind up squeezing cars out of their lanes and into other vehicles or walls. Watch for turn signals, and try to anticipate the truck driver’s move. Never try to squeeze past a truck when it’s making a turn. Just be patient and stay behind the truck. Otherwise, you’ll end up in a no zone, and that’s a dangerous place to be.
Finally, avoid getting sandwiched between two large trucks - with one in front of you and one behind you. Many times, neither truck driver will be able to see your car. If the truck driver in front of you hits the brakes, or if you hit the brakes . . . well, you can image what happens.
In 86 percent of tractor trailer fatalities, the people killed are not occupants of the truck. In most cases, they’re other motorists. Defensive driving will reduce your changes of being in a tractor trailer wreck, but it won’t always prevent an accident.
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: auto accident, avoiding car accidents, tractor trailer, truck accident, truck wreck, trucking
The traffic cam video above shows a tractor trailer truck tip over on the highway in Grand Rapids, Michigan. The high speed of the truck shifted its payload to one side of the trailer, causing the truck to topple. In this case, luckily, no one was injured; however, injuries caused by failure to properly load tractor trailers are all too common.
The video clip below shows that, even at slow speeds, an improperly loaded tractor trailer can easily rollover. In this video, the truck is traveling at 35mph and mimicking a ramp turn. Because it is improperly loaded, the truck topples in the turn.
A tractor trailer load must be properly loaded, balanced, and secured in order to prevent roll-overs and accidents. If the cargo is not properly loaded and secured, a shift of the load can cause even the heaviest trucks to roll over. Overload tractor trailers are in serious danger of flipping.
The Federal Motor Carrier Safety Regulations specify the maximum load of a truck, as well as how it must be secured so that the truck’s maneuverability and stability is not put at risk. A trucking company and its drivers should not operate a tractor trailer unless the truck’s load is properly distributed and secured according to federal specifications, and a trucking company's failure to comply with federal cargo requirements may constitute negligence and serve as the legal basis of a personal injury case against the company.
Driver behavior is the number one cause of tractor trailer accidents - and when poor driving is combined with an improperly secured load or overloaded trailer, then an accident resulting in serious injury is highly likely. Injuries caused by failure to properly load tractor trailer truckers may include disfigurement, lost limbs, traumatic brain injury, paralysis, and death.
If you or a loved one have been injured in a tractor trailer roll-over or semi truck accident, you need an experienced attorney who is familiar with the Federal Motor Carrier Safety Regulations. MLN Law has the experience you need, and we provide caring, aggressive representation to those who have been injured. Call (404) 531-9700 to schedule your free consultation.
Labels: Georgia personal injury lawyer, negligence, tractor trailer, truck accident, truck wreck, trucking
According to the Large Truck Causation Study by the Federal Motor Carrier Safety Administration, driver behavior is the number one cause of tractor trailer tuck accidents. In fact, drivers are 10 times more likely to cause the accident than weather, road conditions, or vehicle performance.
The Large Truck Causation Study was the first of its kind to examine all pre-accident factors involved in commercial truck crashes. The study, in association with the National Highway Traffic Safety Administration, investigated a national sample of fatal and injury crashes between April 2001 and December 2003 at 24 sites in 17 states. Each crash involved at least one large truck and resulted in at least one fatality or injury. The total sample of 967 crashes included 1,127 large trucks, 959 non-truck motor vehicles, 251 fatalities, and 1,408 injuries. Action or inaction by the driver of either the truck or other vehicle was the critical reason for 88 percent of the crashes.
"This study makes it clear that we need to spend more time addressing driver behavior, as well as making sure trucks and buses are fit for the road," FMCSA Administrator Annette M. Sandberg said. "The multitude of data now available will allow us to analyze specific areas of behavior and work with our industry and safety partners to develop an agenda on driver safety that will improve commercial motor vehicle driver performance."
Here are the Top 10 Causes of Trucking Accidents:
1. Prescription Drug Use - 26% - Prescription drugs can be just as dangerous as illegal drugs, especially when they’re affecting the reaction times of a semi truck driver.
2. Traveling Too Fast - 23% - Weighing up to 80,000 pounds, tractor trailer trucks become lethal weapons at high speeds.
3. Unfamiliar with Roadway - 22% - Truck rivers who are not familiar with local roads pose a risk to other drivers.
4. Over-the-Counter Drug Use - 18% - Over-the-counter drugs often cause drowsiness and delayed reaction times.
5. Improper Surveillance - 14% - Because of their enormous size, semi trucks can make surveillance difficult, but all drivers should be trained in proper surveillance and know how to check their blind spots.
6. Fatigue - 13% - Trucking companies often encourage drivers to continue working when fatigued.
7. Illegal Maneuver - 9% - When a tractor trailer changes lanes without signaling, there’s not much you can do about it.
8. Exterior Distraction - 8% - Truck drivers are trained to keep their eyes on the road at all times, but unfortunately, exterior distractions often cause wrecks.
9. Inadequate Evasive Action - 7% - Tractor trailers are so big that evasive action is often unsuccessful.
10. Aggressive Driving Behavior - 7% - Truck drivers who are in a hurry are much more likely to cause an accident.
Other common causes of tractor trailer accidents include talking or texting on cell phones and driving under the influence of illegal drugs or alcohol.
Common mechanical causes of truck accidents include brake problems, defective tires, improper loading or overloading of cargo, and skipped safety inspections.
If you’ve been injured in a truck accident, it’s imperative that you call an experienced attorney as soon as possible. MLN Law specializes in auto and truck accidents, and we can help you get the recovery you need. Call MLN Law at (404) 531-9700 to schedule your free consultation.
The Large Truck Causation Study was the first of its kind to examine all pre-accident factors involved in commercial truck crashes. The study, in association with the National Highway Traffic Safety Administration, investigated a national sample of fatal and injury crashes between April 2001 and December 2003 at 24 sites in 17 states. Each crash involved at least one large truck and resulted in at least one fatality or injury. The total sample of 967 crashes included 1,127 large trucks, 959 non-truck motor vehicles, 251 fatalities, and 1,408 injuries. Action or inaction by the driver of either the truck or other vehicle was the critical reason for 88 percent of the crashes.
"This study makes it clear that we need to spend more time addressing driver behavior, as well as making sure trucks and buses are fit for the road," FMCSA Administrator Annette M. Sandberg said. "The multitude of data now available will allow us to analyze specific areas of behavior and work with our industry and safety partners to develop an agenda on driver safety that will improve commercial motor vehicle driver performance."
Here are the Top 10 Causes of Trucking Accidents:
1. Prescription Drug Use - 26% - Prescription drugs can be just as dangerous as illegal drugs, especially when they’re affecting the reaction times of a semi truck driver.
2. Traveling Too Fast - 23% - Weighing up to 80,000 pounds, tractor trailer trucks become lethal weapons at high speeds.
3. Unfamiliar with Roadway - 22% - Truck rivers who are not familiar with local roads pose a risk to other drivers.
4. Over-the-Counter Drug Use - 18% - Over-the-counter drugs often cause drowsiness and delayed reaction times.
5. Improper Surveillance - 14% - Because of their enormous size, semi trucks can make surveillance difficult, but all drivers should be trained in proper surveillance and know how to check their blind spots.
6. Fatigue - 13% - Trucking companies often encourage drivers to continue working when fatigued.
7. Illegal Maneuver - 9% - When a tractor trailer changes lanes without signaling, there’s not much you can do about it.
8. Exterior Distraction - 8% - Truck drivers are trained to keep their eyes on the road at all times, but unfortunately, exterior distractions often cause wrecks.
9. Inadequate Evasive Action - 7% - Tractor trailers are so big that evasive action is often unsuccessful.
10. Aggressive Driving Behavior - 7% - Truck drivers who are in a hurry are much more likely to cause an accident.
Other common causes of tractor trailer accidents include talking or texting on cell phones and driving under the influence of illegal drugs or alcohol.
Common mechanical causes of truck accidents include brake problems, defective tires, improper loading or overloading of cargo, and skipped safety inspections.
If you’ve been injured in a truck accident, it’s imperative that you call an experienced attorney as soon as possible. MLN Law specializes in auto and truck accidents, and we can help you get the recovery you need. Call MLN Law at (404) 531-9700 to schedule your free consultation.
Labels: tractor trailer, traffic wreck, truck accident, truck wreck
A tractor trailer truck can weigh up to 80,000 pounds, making it much more dangerous than a normal-sized vehicle (which typically weighs around 3,000 pounds). Let’s look at some of the facts relevant to tractor trailer fatal accidents:
• In the United States, another person is killed or injured in a tractor trailer accident every 16 minutes.
• One to two percent of tractor trailer accidents result in a fatality.
• Perhaps, counter-intuitively, the majority of fatal truck accidents occur in rural areas (68 percent), during the daytime (66 percent), and on weekdays (78 percent).
• From 1992 to 2002, the number of semi trucks involved in fatal crashes increased by ten percent. Because of the way the trucking industry works, drivers are often continued to work while tired or operating defective equipment.
• Despite economic woes, the trucking industry continues to grow.Common mechanical defects that cause tractor trailer wrecks include bad tires or wheels, breaks, engines, or steering wheels.
• Approximately 27 percent of all tractor trailer truck drivers involved in fatal accidents had at least one prior speeding conviction.
• In one survey, 1 out of 5 truckers admitted to falling asleep at the wheel in the previous month.
• According to the Insurance Institute for Highway Safety, in accidents involving semi trucks and passenger vehicles, people in the passenger vehicles account for 98% of the fatalities.
• In Georgia, tractor trailers account for only 3% of the vehicles on the road, yet they account for 1 out of 8 auto accident fatalities.
If you or a loved one has been injured or killed in a tractor trailer accident, you should contact a lawyer immediately. Your attorney must act quickly to preserve and collect evidence. The sooner you hire an attorney, the better your case will be. In some cases, trucking companies will destroy important evidence if your lawyer cannot get to it first.
Large trucking companies have departments dedicated to denying claims and minimizing payouts. You’ll need an experienced attorney who’s not afraid to stand up to the big trucking companies and insurance companies.
As large trucking companies continue to grow, their loss minimization departments will grow stronger - and if current trends continue, they will continue to encourage truckers to drive while fatigued. Some studies suggest that fatigue plays a role in as many as half of all tractor trailer accidents.
Beginning in September 2007, the Department of Transportation adopted a rule stating that truck drivers can only drive for 10 consecutive hours, after which a lengthy restart period is required. Record keeping, however, is shoddy at best, and enforcement of this rule is lax. In surveys, the majority of drivers admit to falsifying their records. Some trucking companies will inevitably sidestep the law, making roadways more dangerous for us all.
Whether the accident was caused by a drowsy driver, driving too fast, mechanical defects, poor maintenance, or a poorly secured load, if the trucker or trucking company was at fault, MLN Law will fight to get you the compensation you deserve. Call (404) 531-9700 to schedule your free consultation.
• In the United States, another person is killed or injured in a tractor trailer accident every 16 minutes.
• One to two percent of tractor trailer accidents result in a fatality.
• Perhaps, counter-intuitively, the majority of fatal truck accidents occur in rural areas (68 percent), during the daytime (66 percent), and on weekdays (78 percent).
• From 1992 to 2002, the number of semi trucks involved in fatal crashes increased by ten percent. Because of the way the trucking industry works, drivers are often continued to work while tired or operating defective equipment.
• Despite economic woes, the trucking industry continues to grow.Common mechanical defects that cause tractor trailer wrecks include bad tires or wheels, breaks, engines, or steering wheels.
• Approximately 27 percent of all tractor trailer truck drivers involved in fatal accidents had at least one prior speeding conviction.
• In one survey, 1 out of 5 truckers admitted to falling asleep at the wheel in the previous month.
• According to the Insurance Institute for Highway Safety, in accidents involving semi trucks and passenger vehicles, people in the passenger vehicles account for 98% of the fatalities.
• In Georgia, tractor trailers account for only 3% of the vehicles on the road, yet they account for 1 out of 8 auto accident fatalities.
If you or a loved one has been injured or killed in a tractor trailer accident, you should contact a lawyer immediately. Your attorney must act quickly to preserve and collect evidence. The sooner you hire an attorney, the better your case will be. In some cases, trucking companies will destroy important evidence if your lawyer cannot get to it first.
Large trucking companies have departments dedicated to denying claims and minimizing payouts. You’ll need an experienced attorney who’s not afraid to stand up to the big trucking companies and insurance companies.
As large trucking companies continue to grow, their loss minimization departments will grow stronger - and if current trends continue, they will continue to encourage truckers to drive while fatigued. Some studies suggest that fatigue plays a role in as many as half of all tractor trailer accidents.
Beginning in September 2007, the Department of Transportation adopted a rule stating that truck drivers can only drive for 10 consecutive hours, after which a lengthy restart period is required. Record keeping, however, is shoddy at best, and enforcement of this rule is lax. In surveys, the majority of drivers admit to falsifying their records. Some trucking companies will inevitably sidestep the law, making roadways more dangerous for us all.
Whether the accident was caused by a drowsy driver, driving too fast, mechanical defects, poor maintenance, or a poorly secured load, if the trucker or trucking company was at fault, MLN Law will fight to get you the compensation you deserve. Call (404) 531-9700 to schedule your free consultation.
Labels: auto accident, Georgia personal injury lawyer, tractor trailer, truck wreck, trucking
As reported by The Courier Herald, a Sandersville (Washington County) man died last month after crashing into an 18-wheeler carrying chalk.
David Perry Williams, age 39, died following the accident on State Route 57. He was driving a 1995 Chevrolet 1500 pickup truck.
Williams was driving behind a tractor trailer owned by Howard Sheppard Trucking and driven by Chad Howell, 43, who suffered neck injuries.
Georgia State Patrol Trooper Mark Bracewell said “the Sheppard track driver was slowing to make a left-hand turn” when Williams’ Chevrolet crashed into the rear of the trailer.
“Apparently Mr. Williams fell asleep and ran into the rear of the chalk truck,” said Bracewell.
Williams worked third-shift and had just gotten off work to go home. Bracewell believes that Williams must have fallen asleep because there were no skid marks or indiciations that Williams had tried to stop his truck before the collision.
Williams was pronounced dead at the Medical Center of Central Georgia in Macon. Bracewell said that Williams was not wearing a seat belt, but he’s not sure if a seat belt would have protected him because of the tremendous impact between the two trucks.
Because tractor trailer trucks are so massive, weighing up to 80,000 pounds, accidents often cause massive injury or death. Tractor trailers comprise just 3% of vehicles on the road yet are involved in 21% of the fatal accidents.
In this case, it was the other driver who fell asleep, but all too often, tractor trailer drivers are forced to work on little sleep. According to the National Transportation Safety Board (NTSB), driver fatigue causes 30 to 40 percent of track accidents. And, alarmingly, 19 percent of truck drivers reported falling asleep at the wheel in the previous month (NTSB 1992).
Sleep-deprived drivers suffer from impaired judgment and coordination as well as delayed response times, similar to drivers under the influence of alcohol. Several studies show that sleep deprivation affects drivers as much or even more than alcohol.
Getting seven to eight hours of sleep per night will keep you awake and alert when it counts. If you find yourself getting sleep behind the wheel, pull over and get some coffee or take a short nap.
If you’re injured in an accident due to someone’s sleep deprivation, call 911 immediately. Don’t discuss the wreck until police arrive, and don’t admit any fault. While you’re at the scene, take photos and get names and phone numbers of any witnesses. See a doctor as soon as possible, and call a personal injury lawyer as soon as possible. Your attorney will need to act quickly to collect evidence.
Be careful when you’re speaking with insurance adjustors. They may record your telephone conversations and try to get you to admit partial fault. Once you hire an attorney, you don’t have to talk to insurance adjustors. You can refer all questions to your lawyer.
When you’re injured in a car wreck or truck wreck, MLN Law will get you the monetary compensation you deserve. Call (404) 531-9700 to schedule your free consultation.
David Perry Williams, age 39, died following the accident on State Route 57. He was driving a 1995 Chevrolet 1500 pickup truck.
Williams was driving behind a tractor trailer owned by Howard Sheppard Trucking and driven by Chad Howell, 43, who suffered neck injuries.
Georgia State Patrol Trooper Mark Bracewell said “the Sheppard track driver was slowing to make a left-hand turn” when Williams’ Chevrolet crashed into the rear of the trailer.
“Apparently Mr. Williams fell asleep and ran into the rear of the chalk truck,” said Bracewell.
Williams worked third-shift and had just gotten off work to go home. Bracewell believes that Williams must have fallen asleep because there were no skid marks or indiciations that Williams had tried to stop his truck before the collision.
Williams was pronounced dead at the Medical Center of Central Georgia in Macon. Bracewell said that Williams was not wearing a seat belt, but he’s not sure if a seat belt would have protected him because of the tremendous impact between the two trucks.
Because tractor trailer trucks are so massive, weighing up to 80,000 pounds, accidents often cause massive injury or death. Tractor trailers comprise just 3% of vehicles on the road yet are involved in 21% of the fatal accidents.
In this case, it was the other driver who fell asleep, but all too often, tractor trailer drivers are forced to work on little sleep. According to the National Transportation Safety Board (NTSB), driver fatigue causes 30 to 40 percent of track accidents. And, alarmingly, 19 percent of truck drivers reported falling asleep at the wheel in the previous month (NTSB 1992).
Sleep-deprived drivers suffer from impaired judgment and coordination as well as delayed response times, similar to drivers under the influence of alcohol. Several studies show that sleep deprivation affects drivers as much or even more than alcohol.
Getting seven to eight hours of sleep per night will keep you awake and alert when it counts. If you find yourself getting sleep behind the wheel, pull over and get some coffee or take a short nap.
If you’re injured in an accident due to someone’s sleep deprivation, call 911 immediately. Don’t discuss the wreck until police arrive, and don’t admit any fault. While you’re at the scene, take photos and get names and phone numbers of any witnesses. See a doctor as soon as possible, and call a personal injury lawyer as soon as possible. Your attorney will need to act quickly to collect evidence.
Be careful when you’re speaking with insurance adjustors. They may record your telephone conversations and try to get you to admit partial fault. Once you hire an attorney, you don’t have to talk to insurance adjustors. You can refer all questions to your lawyer.
When you’re injured in a car wreck or truck wreck, MLN Law will get you the monetary compensation you deserve. Call (404) 531-9700 to schedule your free consultation.
Labels: auto accident, avoiding car accidents, car accidents, tractor trailer, traffic wreck, trucking
Tractor trailer accidents can cause extensive damage, especially around a city like Atlanta. Of all the common causes of tractor trailer accidents, defective tires is one of the easiest to prevent. All truck drivers should conduct pre-trip inspections of their tires.
But that doesn’t always happen. As a case in point, several weeks ago, on February 24, 2009, defective tires caused a tractor trailer crash on I-85 near Newnan. Headed southbound, the truck driver took Exit 41 (Moreland) at approximately 4:30 p.m.
Georgia State Trooper George Cotton said that the truck driver, Edward James Clements, Jr., of Bay St. Louis, MS, came off the exit “a little too hot.”
Clements was hauling 41,000 pounds of cotton and yarn. When his truck hit some barrels on the side of the ramp, the weight of the trailer load shifted, and the tractor trailer overturned. The truck skidded 318 feet upright and 133 feet on its side before coming to a stop off the road.
Luckily, the truck did not hit any other vehicles, and nobody suffered serious injuries. (Even a trailer carrying cotton can easily be deadly!)
After firefighters cut a hole in the roof of the tractor trailer truck to remove Clements, he was sent to Piedmont Hospital with back pain.
"The driver made a quick turn because he was having some tire issues," State Trooper Cotton told The Newnan Times-Herald. "He was pulling off to try and get the tire repaired."
Clements was cited for failure to maintain his lane, and he was warned about having defective tires, as the tire tread was close to violation level. Defective tires can still cause accidents, even if they’re not beyond violation level.
Emergency crews had to close Exit 41, and it took them more than 3 hours to get the vehicle upright. The sheer mass of tractor trailer trucks makes them lethal weapons on the roadways. Tractor trailers make up just 3% of vehicles on the road, yet they’re involved in 21% of the fatal accidents.
To make matters worse, truck drivers are under immense pressure to drive faster and longer. Such work conditions often cause drivers to skip important safety measures like tire checks - and sleep.
If you’re ever injured in a tractor trailer accident, get names and phone numbers of witnesses, don’t admit any fault, and take photos if possible. Photograph the entire scene, including skid marks, road conditions, traffic signs, etc. Also photograph any injuries.
If you’re injured, see a doctor and call a lawyer as soon as possible. Your attorney will need to act fast to preserve evidence. Be sure to hire a lawyer who is very familiar with the Federal Motor Carrier Safety Rules and Regulations and who has the time, interest, and resources to handle a truck case. Litigation can take several years, and expenses can cost tens of thousands of dollars.
MLN Law offers the expertise and resources you need to win your case. If you’ve been injured in a tractor trailer accident, call (404) 531-9700 now to schedule your free consultation.
But that doesn’t always happen. As a case in point, several weeks ago, on February 24, 2009, defective tires caused a tractor trailer crash on I-85 near Newnan. Headed southbound, the truck driver took Exit 41 (Moreland) at approximately 4:30 p.m.
Georgia State Trooper George Cotton said that the truck driver, Edward James Clements, Jr., of Bay St. Louis, MS, came off the exit “a little too hot.”
Clements was hauling 41,000 pounds of cotton and yarn. When his truck hit some barrels on the side of the ramp, the weight of the trailer load shifted, and the tractor trailer overturned. The truck skidded 318 feet upright and 133 feet on its side before coming to a stop off the road.
Luckily, the truck did not hit any other vehicles, and nobody suffered serious injuries. (Even a trailer carrying cotton can easily be deadly!)
After firefighters cut a hole in the roof of the tractor trailer truck to remove Clements, he was sent to Piedmont Hospital with back pain.
"The driver made a quick turn because he was having some tire issues," State Trooper Cotton told The Newnan Times-Herald. "He was pulling off to try and get the tire repaired."
Clements was cited for failure to maintain his lane, and he was warned about having defective tires, as the tire tread was close to violation level. Defective tires can still cause accidents, even if they’re not beyond violation level.
Emergency crews had to close Exit 41, and it took them more than 3 hours to get the vehicle upright. The sheer mass of tractor trailer trucks makes them lethal weapons on the roadways. Tractor trailers make up just 3% of vehicles on the road, yet they’re involved in 21% of the fatal accidents.
To make matters worse, truck drivers are under immense pressure to drive faster and longer. Such work conditions often cause drivers to skip important safety measures like tire checks - and sleep.
If you’re ever injured in a tractor trailer accident, get names and phone numbers of witnesses, don’t admit any fault, and take photos if possible. Photograph the entire scene, including skid marks, road conditions, traffic signs, etc. Also photograph any injuries.
If you’re injured, see a doctor and call a lawyer as soon as possible. Your attorney will need to act fast to preserve evidence. Be sure to hire a lawyer who is very familiar with the Federal Motor Carrier Safety Rules and Regulations and who has the time, interest, and resources to handle a truck case. Litigation can take several years, and expenses can cost tens of thousands of dollars.
MLN Law offers the expertise and resources you need to win your case. If you’ve been injured in a tractor trailer accident, call (404) 531-9700 now to schedule your free consultation.
Labels: tractor trailer, trucking
Locals in La Canada Flintridge, California had complained for years that a certain downhill stretch of the Angeles Crest Highway was a runaway truck hazard. In early April, this danger was brought home to La Canada shoppers in horrifying detail.
It was 5:59pm, the most crowded time of day at a busy shopping center at an equally busy intersection in La Canada Flintridge. Melissa Watkins was working the coffee bar of the Flintridge Bookstore and Coffee House. Hairstylist Sandi Susersky, 41, was alone at the B.S. Hair Co. Server Brandi Sjostrom was waiting tables inside the Hill Street Café. Father and daughter Angel Jorge Posca, 58, and Angelina Posca, 12, were seated in their red car in the shopping center’s parking lot.
All were shocked when a double decker car carrier lost control on the descent from the San Gabriel Mountains and came barreling toward the shopping center. According to Watkins, the behemoth truck was jackknifing as it bounced off obstacles in the parking lot and headed straight for the bookstore, where it finally came to a stop after smashing into the store, punching through the wall, and entering an adjoining nail parlor.
Shoppers fled the scene, but a tragic aftermath followed. Twelve people were injured due to the damage caused by the runaway truck. The Poscas were not so lucky. The truck barreled into their car and pushed it 150 feet, killing both father and daughter.
A document printed by the LA Times revealed that California Transportation (CALTRANS) officials were aware of the problem, but asked for “more time” to finish their investigation of the site before implementing a fix. Even though officials asked for more time, in the letter they went so far as to suggest three concrete steps they could have taken that would have prevented last month’s accident. These include:
• Improving signage to reduce the potential for trucks overheating their brakes
• Restricting through truck traffic on the route
• Restoring gravel median truck arrestors
An accident with similar features took place here in Atlanta in March 2007 when a bus driver driving the baseball team from Bluffton University mistook an exit ramp off I-575 at Northside Drive for a continuation of the HOV lane and drove off a bridge, killing the driver, his wife, and five other passengers. Like what appears to be the case in the La Canada Flintridge wreck, the driver took the exit ramp and made the fatal mistake due to improper signage. The State of Georgia paid out $3 million in total as a settlement to all the crash victims. State tort law limits that amount to $3 million per incident, no matter how many victims suffered.
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.
For more on this story:
2 Dead, 12 Hurt When Big Rig Loses Control in La Canada Flintridge, LA Times
It was 5:59pm, the most crowded time of day at a busy shopping center at an equally busy intersection in La Canada Flintridge. Melissa Watkins was working the coffee bar of the Flintridge Bookstore and Coffee House. Hairstylist Sandi Susersky, 41, was alone at the B.S. Hair Co. Server Brandi Sjostrom was waiting tables inside the Hill Street Café. Father and daughter Angel Jorge Posca, 58, and Angelina Posca, 12, were seated in their red car in the shopping center’s parking lot.
All were shocked when a double decker car carrier lost control on the descent from the San Gabriel Mountains and came barreling toward the shopping center. According to Watkins, the behemoth truck was jackknifing as it bounced off obstacles in the parking lot and headed straight for the bookstore, where it finally came to a stop after smashing into the store, punching through the wall, and entering an adjoining nail parlor.
Shoppers fled the scene, but a tragic aftermath followed. Twelve people were injured due to the damage caused by the runaway truck. The Poscas were not so lucky. The truck barreled into their car and pushed it 150 feet, killing both father and daughter.
A document printed by the LA Times revealed that California Transportation (CALTRANS) officials were aware of the problem, but asked for “more time” to finish their investigation of the site before implementing a fix. Even though officials asked for more time, in the letter they went so far as to suggest three concrete steps they could have taken that would have prevented last month’s accident. These include:
• Improving signage to reduce the potential for trucks overheating their brakes
• Restricting through truck traffic on the route
• Restoring gravel median truck arrestors
An accident with similar features took place here in Atlanta in March 2007 when a bus driver driving the baseball team from Bluffton University mistook an exit ramp off I-575 at Northside Drive for a continuation of the HOV lane and drove off a bridge, killing the driver, his wife, and five other passengers. Like what appears to be the case in the La Canada Flintridge wreck, the driver took the exit ramp and made the fatal mistake due to improper signage. The State of Georgia paid out $3 million in total as a settlement to all the crash victims. State tort law limits that amount to $3 million per incident, no matter how many victims suffered.
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.
For more on this story:
2 Dead, 12 Hurt When Big Rig Loses Control in La Canada Flintridge, LA Times
Labels: atlanta, tractor trailer, truck accident, truck wreck
According to the US Department of Transportation, someone is in the United States is either injured or killed in a truck accident every 16 minutes, a number that equals out to about 90 accidents per day involving big trucks.
The results of these accidents are all too often deadly. There are over 6,000 estimated fatalities occurring in trucking accidents each year, not to mention the 133,000 injuries reported. And out of those 133,000 injuries, an estimated 26,000 injuries fall into the realm of the catastrophic, including brain injury, paralysis, or amputation.
Unfortunately when trucks and passenger vehicles collide, it is all too common for the injuries or fatalities to occur in the passenger vehicle. Large trucks can tip the scale at up to 80,000 pounds as compared to passenger vehicles’ relatively dainty 3,000 pounds. It’s a sad but true statistic that out of the 6,000 fatalities occurring each year in truck accidents, almost ¾ of the deaths were of occupants in passenger vehicles.
According to a CDC report from 2005 (the latest date this information was available), unintentional injury, led by motor vehicle accidents, were the leading cause of death of people under the age of 44 in the United States.
Common Causes of Truck Accidents
The fact remains that being on the road in the United States is a risky proposition, and the matter is compounded when drivers of tractor trailer trucks are negligent, poorly trained, overtired, or under the influence.
Negligence – Negligence can occur when a driver isn’t paying attention the road, is driving over the speed limit, has overloaded the truck, failed to properly secured heavy loads, has not properly maintained the truck, or has failed to inspect the truck and its contents pre-trip. In essence, truck drivers face potential human errors every day, and when those errors are combined with an 80,000 ton truck, the results can be deadly.
Fatigue – The U.S. National Transportation Safety Board still blames driver fatigue as a probable factor in 20-40% of truck crashes. Though truckers’ driving hours are limited by law, many skirt the issue, whether due to unrealistic expectations of shipping companies or their own desire for more income, which is often earned by the mile. The U.S. National Highway Traffic Safety Administration reports that a tired driver is just as dangerous and causes just as many accidents a driver operating under the influence.
DUI – Anyone holding a commercial driver’s license is subject to drug testing. A study by the Insurance Institute for Traffic Safety randomly tested truck drivers and showed that 15% of all interstate truck drivers had marijuana in their system, 12% had stimulants (non-prescription), 5% had prescription stimulants, 2% had cocaine and less than 1% had alcohol in their system.
Poor Training – Truck driving is a job with high demand and high turnover, which can lead to an influx of inexperienced, and in some cases, poorly trained drivers. Driving a truck takes a lot more skill than driving a passenger car, and poorly trained drivers loose on the roads can be a deadly hazard.
If you have been the victim of a trucking accident in Georgia, you need an aggressive, caring lawyer who will fight for your rights. Call MLN Law at (404) 531-9700 and hold negligent parties accountable for your accident.
The results of these accidents are all too often deadly. There are over 6,000 estimated fatalities occurring in trucking accidents each year, not to mention the 133,000 injuries reported. And out of those 133,000 injuries, an estimated 26,000 injuries fall into the realm of the catastrophic, including brain injury, paralysis, or amputation.
Unfortunately when trucks and passenger vehicles collide, it is all too common for the injuries or fatalities to occur in the passenger vehicle. Large trucks can tip the scale at up to 80,000 pounds as compared to passenger vehicles’ relatively dainty 3,000 pounds. It’s a sad but true statistic that out of the 6,000 fatalities occurring each year in truck accidents, almost ¾ of the deaths were of occupants in passenger vehicles.
According to a CDC report from 2005 (the latest date this information was available), unintentional injury, led by motor vehicle accidents, were the leading cause of death of people under the age of 44 in the United States.
Common Causes of Truck Accidents
The fact remains that being on the road in the United States is a risky proposition, and the matter is compounded when drivers of tractor trailer trucks are negligent, poorly trained, overtired, or under the influence.
Negligence – Negligence can occur when a driver isn’t paying attention the road, is driving over the speed limit, has overloaded the truck, failed to properly secured heavy loads, has not properly maintained the truck, or has failed to inspect the truck and its contents pre-trip. In essence, truck drivers face potential human errors every day, and when those errors are combined with an 80,000 ton truck, the results can be deadly.
Fatigue – The U.S. National Transportation Safety Board still blames driver fatigue as a probable factor in 20-40% of truck crashes. Though truckers’ driving hours are limited by law, many skirt the issue, whether due to unrealistic expectations of shipping companies or their own desire for more income, which is often earned by the mile. The U.S. National Highway Traffic Safety Administration reports that a tired driver is just as dangerous and causes just as many accidents a driver operating under the influence.
DUI – Anyone holding a commercial driver’s license is subject to drug testing. A study by the Insurance Institute for Traffic Safety randomly tested truck drivers and showed that 15% of all interstate truck drivers had marijuana in their system, 12% had stimulants (non-prescription), 5% had prescription stimulants, 2% had cocaine and less than 1% had alcohol in their system.
Poor Training – Truck driving is a job with high demand and high turnover, which can lead to an influx of inexperienced, and in some cases, poorly trained drivers. Driving a truck takes a lot more skill than driving a passenger car, and poorly trained drivers loose on the roads can be a deadly hazard.
If you have been the victim of a trucking accident in Georgia, you need an aggressive, caring lawyer who will fight for your rights. Call MLN Law at (404) 531-9700 and hold negligent parties accountable for your accident.
Labels: tractor trailer, truck accident, truck wreck
A St. Patrick’s Day tractor trailer accident along I-80 near Bloomsburg, Pennsylvania left one person dead and one injured in what appears to be a case of reckless driving on the part of the truck driver.
The incident took place while Gary Curry, 46, his wife Jessica, and his friend Dustin Snyder, 19, were trying to push the Curry’s broken down SUV off a bridge. Curry and Snyder pushed while wife Jessica sat in the vehicle and steered. In an interview with MSNBC.com, Curry said that they were out of the flow of traffic and many cars and several tractor trailers had passed the trio by without incident.
Then suddenly a tractor trailer truck was barreling down on them.
“I see that big red truck coming right at us. That’s all I see. I close my eyes and that's all I see is that truck,” Curry told a local reporter. He also said that the driver, 47-year-old William Marvin of Watertown, NY, did not even slow down until the very last second, but by then, it was too late.
“It didn’t even look like he touched the brakes,” said Curry. The tractor trailer crashed into the SUV, with Curry’s wife inside, and the collision was so jarring that the tractor trailer burst into flames. Jessica Curry was taken to the hospital with head and neck injuries but later released. The truck driver, William Marvin, did not survive the crash.
At this time there has been no word from Pennsylvania State Troopers on why Marvin failed to see the Currys and Snyder along the side of I-80. Curry speculated that Marvin was possibly using the cell phone or CB.
So far there has been no evidence to support that Marvin was breaking the law or federal trucking regulations that day, but for many truckers, fatigue is a daunting problem.
Due to the amount of destruction they can cause, Federal and State rules place strict restrictions on truck drivers – including the amount of time they can spend on the road between breaks. The rules are meant to combat driver fatigue, but unfortunately, they are not always followed. According to data from the National Transportation Safety Board, as many as 30 to 40 percent of heavy truck accidents may be related to truck driver fatigue.
In a 2006 Gainesville Sun article called, “Trucks, Tired Drivers Can be Deadly Mix,” several truck drivers admitted to abuse of federal rules and regulations within the industry. According to the truckers, driving while fatigued is a systemic problem, with shipping companies demanding goods on tight schedules and truckers, who are paid by the mile, feeling it necessary to drive as long and far as possible in the stretch of a day in order to make a competitive income. Unfortunately, it is often innocents who pay the price for these failures.
If you or someone you know has been injured in a tractor trailer accident in Georgia, you may have legal recourse. Call MLN Law at (404) 531-9700 for more information about your rights.
For more on this story:
Trucks, Tired Drivers Can be Deadly Mix, Gainesville Sun
The incident took place while Gary Curry, 46, his wife Jessica, and his friend Dustin Snyder, 19, were trying to push the Curry’s broken down SUV off a bridge. Curry and Snyder pushed while wife Jessica sat in the vehicle and steered. In an interview with MSNBC.com, Curry said that they were out of the flow of traffic and many cars and several tractor trailers had passed the trio by without incident.
Then suddenly a tractor trailer truck was barreling down on them.
“I see that big red truck coming right at us. That’s all I see. I close my eyes and that's all I see is that truck,” Curry told a local reporter. He also said that the driver, 47-year-old William Marvin of Watertown, NY, did not even slow down until the very last second, but by then, it was too late.
“It didn’t even look like he touched the brakes,” said Curry. The tractor trailer crashed into the SUV, with Curry’s wife inside, and the collision was so jarring that the tractor trailer burst into flames. Jessica Curry was taken to the hospital with head and neck injuries but later released. The truck driver, William Marvin, did not survive the crash.
At this time there has been no word from Pennsylvania State Troopers on why Marvin failed to see the Currys and Snyder along the side of I-80. Curry speculated that Marvin was possibly using the cell phone or CB.
So far there has been no evidence to support that Marvin was breaking the law or federal trucking regulations that day, but for many truckers, fatigue is a daunting problem.
Due to the amount of destruction they can cause, Federal and State rules place strict restrictions on truck drivers – including the amount of time they can spend on the road between breaks. The rules are meant to combat driver fatigue, but unfortunately, they are not always followed. According to data from the National Transportation Safety Board, as many as 30 to 40 percent of heavy truck accidents may be related to truck driver fatigue.
In a 2006 Gainesville Sun article called, “Trucks, Tired Drivers Can be Deadly Mix,” several truck drivers admitted to abuse of federal rules and regulations within the industry. According to the truckers, driving while fatigued is a systemic problem, with shipping companies demanding goods on tight schedules and truckers, who are paid by the mile, feeling it necessary to drive as long and far as possible in the stretch of a day in order to make a competitive income. Unfortunately, it is often innocents who pay the price for these failures.
If you or someone you know has been injured in a tractor trailer accident in Georgia, you may have legal recourse. Call MLN Law at (404) 531-9700 for more information about your rights.
For more on this story:
Trucks, Tired Drivers Can be Deadly Mix, Gainesville Sun
Labels: tractor trailer, truck accident, truck wreck
According to a recent Philadelphia Daily News story, “David Schreffler spent the last moments of his life pinned inside his 1997 Infiniti Q45 with a massive tractor-trailer mounted on top of his car.” Little did Schreffler, 49, of Fort Washington, Pennsylvania know when he hit a slow spot in traffic on Pennsylvania’s Schuylkill Expressway that day that due to negligence on the part of a truck mechanic, he would soon lose his life. A father of three, Schreffler died at the scene of the accident where a tractor trailer mounted his car and crashed into three others. His passenger, Joseph Maylish, 53, suffered injuries in the wreck.
The truck’s driver, Valerijs Belovs, told the Pennsylvania State Patrol that he had been travelling about 45 miles per hour due to the stop and go traffic. When traffic slowed, Belovs reported, he pushed the brake and nothing happened.
Now Belovs, and two accomplices, Victor Kalinitchii, the co-owner of the tractor trailer, and Joseph Jadczak, a garage owner, are all facing charges of homicide by vehicle, involuntary manslaughter, recklessly endangering another person, and related offenses.
Jadczak is accused of a deeply troubling crime – issuing a fraudulent inspection sticker for the truck, even though Belovs had been cited four times for faulty brakes by numerous states in which he had been pulled over for motor carrier compliance checks. Adding to his lack of credibility, he had also been cited numerous times for falsifying his log book.
According to the mechanic who carried out the post-crash inspection, the brakes on the truck were defective. Said the mechanic, "Had a true, proper, and complete safety inspection been conducted the brake deficiencies would have been discovered and the vehicle would have been either repaired or failed the safety inspection and not been permitted to operate on the highway." In fact, three of the truck’s 10 brake assemblies had failed completely and the others were all in dangerous shape.
In effect, due to fraud and negligence, an 18-wheeler without proper stopping power had been travelling the freeways of at least six states.
What is worse, when authorities arrived at Jadczak’s garage to question him, they witnessed the mechanic allegedly giving another truck driver a fraudulent inspection sticker despite not actually performing the inspection. Authorities are now requiring over 300 trucks inspected at Jadczak’s garage to obtain new inspections.
Over 5,000 people are killed every year in the United States in trucking accidents. Many of these are through negligence, fatigue or other driver error. Someone like Joseph Jadczak, who takes it upon himself to issues false safety inspection stickers, can greatly contribute to that number.
If you or someone you know has been injured in a tractor trailer accident in Georgia, you may have legal recourse. It is important to find out if the truck’s inspection was up to date and carried out in a legal way. Call MLN Law at (404) 531-9700 for more information about your rights after an accident with a tractor trailer.
The truck’s driver, Valerijs Belovs, told the Pennsylvania State Patrol that he had been travelling about 45 miles per hour due to the stop and go traffic. When traffic slowed, Belovs reported, he pushed the brake and nothing happened.
Now Belovs, and two accomplices, Victor Kalinitchii, the co-owner of the tractor trailer, and Joseph Jadczak, a garage owner, are all facing charges of homicide by vehicle, involuntary manslaughter, recklessly endangering another person, and related offenses.
Jadczak is accused of a deeply troubling crime – issuing a fraudulent inspection sticker for the truck, even though Belovs had been cited four times for faulty brakes by numerous states in which he had been pulled over for motor carrier compliance checks. Adding to his lack of credibility, he had also been cited numerous times for falsifying his log book.
According to the mechanic who carried out the post-crash inspection, the brakes on the truck were defective. Said the mechanic, "Had a true, proper, and complete safety inspection been conducted the brake deficiencies would have been discovered and the vehicle would have been either repaired or failed the safety inspection and not been permitted to operate on the highway." In fact, three of the truck’s 10 brake assemblies had failed completely and the others were all in dangerous shape.
In effect, due to fraud and negligence, an 18-wheeler without proper stopping power had been travelling the freeways of at least six states.
What is worse, when authorities arrived at Jadczak’s garage to question him, they witnessed the mechanic allegedly giving another truck driver a fraudulent inspection sticker despite not actually performing the inspection. Authorities are now requiring over 300 trucks inspected at Jadczak’s garage to obtain new inspections.
Over 5,000 people are killed every year in the United States in trucking accidents. Many of these are through negligence, fatigue or other driver error. Someone like Joseph Jadczak, who takes it upon himself to issues false safety inspection stickers, can greatly contribute to that number.
If you or someone you know has been injured in a tractor trailer accident in Georgia, you may have legal recourse. It is important to find out if the truck’s inspection was up to date and carried out in a legal way. Call MLN Law at (404) 531-9700 for more information about your rights after an accident with a tractor trailer.
Labels: tractor trailer, truck wreck, trucking
Have you suffered a personal injury? Are you worried about how you're going to pay your medical bills? Atlanta personal injury attorney Michael Neff can help.
Michael Neff specializes in tractor trailer wrecks and other automobile accidents, suing drunk drivers for personal injury, violent crime attacks, medical malpractice, injuries on the job, and falls, trips, and slips of all kinds, whenever another party is liable for negligence.
Injuries to Your Person
Motor vehicle collisions make up the most common type of personal injury cases. Medical malpractice and medical neglect are also common.
Sadly, nursing home neglect is all too common. Signs of nursing home neglect may include frequent injuries, pressure ulcers, broken bones, heavy medication or sedation, malnutrition, dehydration, rapid weight loss or weight gain, and unexplained death. If you have a relative or loved one in a nursing home, visit them often. If you suspect neglect, you may want to file a complaint with the Georgia Department of Human Resources Office of Regulatory Services or pursue legal action.
Businesses and property owners may be negligent. If their negligence causes a personal injury, then you can sue. Property owners, for instance, must provide adequate security and notice of dangerous conditions.
If you're injured by a defective product or your neighbor's dog, then you may be entitled to compensation as well.
And, of course, you'll likely sustain a personal injury if someone attacks you intentionally, as in the case of violent crime.
Injuries to Your Reputation
Defamation, the issuance of a false statement about you, may injure your reputation, business, or livelihood. Libel includes making a defamatory statement in print, while slander involves oral defamation.
Injuries to Your Property
Theft, embezzlement, wrongful conversion, and vandalism may cause injuries to your property. Often, a property damage claim will need to be filed separately from a personal injury claim. An experienced lawyer will be able to tell you how to best proceed.
Get the Personal Injury Compensation You Deserve
If you've suffered any of the above injures, then you may be entitled to compensation. It is your legal right to hold accountable whoever caused your injury and associated impairment, medical bills, loss of income, and decreased quality of life.
During the aftermath of a personal injury, contacting an attorney may be the last thing on your mind, but it's important to do so quickly. (You can bet that the opposing insurance company will have an investigator on the scene as soon as possible!) As time passes, evidence may disappear. If your attorney can investigate the case promptly, you'll have a better chance of being awarded the benefits you deserve. Additionally, your claims may be waved if they're not brought about in a timely manner; thus, you can lose your chance of recovery if you don't act promptly.
Michael Neff - Atlanta Attorney - Injury Personal
To consult with an attorney about your personal injury questions, please send your questions or concerns via e-mail to mneff@mlnlaw.com or call (404) 531-9700. For more information, see Personal Injury – Atlanta, Georgia Personal Injury Lawyer.
Michael Neff specializes in tractor trailer wrecks and other automobile accidents, suing drunk drivers for personal injury, violent crime attacks, medical malpractice, injuries on the job, and falls, trips, and slips of all kinds, whenever another party is liable for negligence.
Injuries to Your Person
Motor vehicle collisions make up the most common type of personal injury cases. Medical malpractice and medical neglect are also common.
Sadly, nursing home neglect is all too common. Signs of nursing home neglect may include frequent injuries, pressure ulcers, broken bones, heavy medication or sedation, malnutrition, dehydration, rapid weight loss or weight gain, and unexplained death. If you have a relative or loved one in a nursing home, visit them often. If you suspect neglect, you may want to file a complaint with the Georgia Department of Human Resources Office of Regulatory Services or pursue legal action.
Businesses and property owners may be negligent. If their negligence causes a personal injury, then you can sue. Property owners, for instance, must provide adequate security and notice of dangerous conditions.
If you're injured by a defective product or your neighbor's dog, then you may be entitled to compensation as well.
And, of course, you'll likely sustain a personal injury if someone attacks you intentionally, as in the case of violent crime.
Injuries to Your Reputation
Defamation, the issuance of a false statement about you, may injure your reputation, business, or livelihood. Libel includes making a defamatory statement in print, while slander involves oral defamation.
Injuries to Your Property
Theft, embezzlement, wrongful conversion, and vandalism may cause injuries to your property. Often, a property damage claim will need to be filed separately from a personal injury claim. An experienced lawyer will be able to tell you how to best proceed.
Get the Personal Injury Compensation You Deserve
If you've suffered any of the above injures, then you may be entitled to compensation. It is your legal right to hold accountable whoever caused your injury and associated impairment, medical bills, loss of income, and decreased quality of life.
During the aftermath of a personal injury, contacting an attorney may be the last thing on your mind, but it's important to do so quickly. (You can bet that the opposing insurance company will have an investigator on the scene as soon as possible!) As time passes, evidence may disappear. If your attorney can investigate the case promptly, you'll have a better chance of being awarded the benefits you deserve. Additionally, your claims may be waved if they're not brought about in a timely manner; thus, you can lose your chance of recovery if you don't act promptly.
Michael Neff - Atlanta Attorney - Injury Personal
To consult with an attorney about your personal injury questions, please send your questions or concerns via e-mail to mneff@mlnlaw.com or call (404) 531-9700. For more information, see Personal Injury – Atlanta, Georgia Personal Injury Lawyer.
Labels: car wreck, contingency attorney fee, Georgia personal injury law, medical malpractice, negligence, tractor trailer, trip and fall, violent crime victim
All lanes of Highway 53 in Braselton were shut down last Thursday evening for nearly two-hours as crews worked to clear a wreck near the Hall/Jackson County line.
Trooper Land with the Georgia State Patrol said that a tractor-trailer driven by 61-year-old Carl Manning failed to yield the right of way and turned into traffic while trying to enter a Chevron.
A car traveling east attempted to avoid the collision by swerving into the turn lane. The vehicle and the tractor-trailer crashed head on. The tractor trailer came to rest on top of the car.
The driver of the car, 53-year-old Daniel Moye of Watkinsville, had serious injuries and had to be flown by helicopter to Grady Memorial Hospital in Atlanta.
The truck driver only complained of minor injuries.
Trooper Land with the Georgia State Patrol said that a tractor-trailer driven by 61-year-old Carl Manning failed to yield the right of way and turned into traffic while trying to enter a Chevron.
A car traveling east attempted to avoid the collision by swerving into the turn lane. The vehicle and the tractor-trailer crashed head on. The tractor trailer came to rest on top of the car.
The driver of the car, 53-year-old Daniel Moye of Watkinsville, had serious injuries and had to be flown by helicopter to Grady Memorial Hospital in Atlanta.
The truck driver only complained of minor injuries.
Labels: atlanta, auto accident, car crashes, Grady Hospital, tractor trailer
With more trucks on the road than ever, we’re also seeing more truck accidents than ever before. According to the Associated Press, last week a semi slammed into the back of a school bus that had stopped to drop off students along a highway, seriously injuring five people.
The bus was loaded with 16 children from Wheatland Center School District, ranging from fourth to eighth graders. One of the children was ejected as the bus was hit from behind. Two other children, the truck driver and the bus driver also were seriously injured. Miraculously, the injuries were not believed to be life threatening.
Investigators think the trucker did not see the bus. There were no skid marks where the accident happened; the semi apparently came over a hill and struck the bus right in the rear. According to the sheriff, the truck driver "may have been occupied inside the cab drinking a soda. He was either coughing or choking on it."
At the Law Offices of Michael L. Neff, we talk with people frequently who, like these Wisconsin children, are involved in serious collisions with trucks. Thankfully no one was killed. But what do these families do now, since they have no doubt incurred high medical bills due to being hit by the truck? We urge them to contact an attorney who is skilled in personal injury cases to help shoulder the unexpected financial and emotional burdens they now carry. That’s why we’re here. If you know someone involved in a truck wreck, call or email us today.
The bus was loaded with 16 children from Wheatland Center School District, ranging from fourth to eighth graders. One of the children was ejected as the bus was hit from behind. Two other children, the truck driver and the bus driver also were seriously injured. Miraculously, the injuries were not believed to be life threatening.
Investigators think the trucker did not see the bus. There were no skid marks where the accident happened; the semi apparently came over a hill and struck the bus right in the rear. According to the sheriff, the truck driver "may have been occupied inside the cab drinking a soda. He was either coughing or choking on it."
At the Law Offices of Michael L. Neff, we talk with people frequently who, like these Wisconsin children, are involved in serious collisions with trucks. Thankfully no one was killed. But what do these families do now, since they have no doubt incurred high medical bills due to being hit by the truck? We urge them to contact an attorney who is skilled in personal injury cases to help shoulder the unexpected financial and emotional burdens they now carry. That’s why we’re here. If you know someone involved in a truck wreck, call or email us today.
Labels: car crashes, semi, serious injuries, tractor trailer, truck accident, truck wreck
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