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Atlanta personal injury lawyer blog Wednesday, February 3, 2010

  Atlanta Tow Truck Accident on I-20 Kills Two

The Atlanta Journal-Constitution reports that Angel Woah, a young mother of 23, was killed in a tragic tow truck accident on Saturday night. She had called her husband Robert Giles around 8:00 p.m. to let him know that she had been in a small fender bender. Just hours later, Giles found out that she was in critical condition at Grady Hospital. Woah was one of two women who were killed when a tow truck collided with two parked cars on the side of I-20 near the downtown connector. Satonya Cleveland, 35, was also killed in the accident. Cleveland, of Lithonia, died at the scene.

Woah was from Snellville. According to her future father-in-law, Antony Bordoli, “They immediately had to remove part of her right lung. She never regained consciousness.”

Bordoli described Woah as energetic and well-liked. She had an 11-month-old daughter, and she was on her way home from a hairstyling appointment when the accident occurred.

According to the Atlanta Police Department, weather may have been a factor in the accident. There were also six other accidents on I-20 on the same night.

So far, no charges have been filed in the tow truck accident, but the investigation is ongoing.

This incident highlights the importance of safety after an auto accident. Here are some safety tips to follow:

Safety first! If you can, move your car to the side of the road, but don’t feel obligated to stand next to your car on a busy highway. Turn on your hazard lights and set out cones if you have them, then move far away from the road. If you’re on the side of an interstate like I-20, you may have to walk in order to get off the shoulder. Do it, and stay as far away from the road as possible. You may feel the need to stay next to your car, but by doing so, you’d be putting yourself in danger, especially during inclement weather. Lock your car and get away from the road.

Call 911 as soon as possible, and file a police report to document the accident. Be sure to exchange information with the other driver as well as any witnesses. Be careful what you say. Do not admit fault or apologize. The facts will emerge, and they may show that the other driver was at fault. Don’t forget to call your insurance company, too. But again, be careful what you say when talking to insurance company representatives.

If you can, photograph the scene of the accident. Many people now have cameras on their cell phones. If you don’t have a camera, consider buying a disposable camera to photograph the scene. Photographic evidence is valuable in court.

If you were injured in the accident, see a doctor as soon as possible, and call an experienced Atlanta, Georgia auto accident attorney. If the accident was caused by the negligence of another driver, you may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free legal consultation.

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Wednesday, January 13, 2010

  Speeding Trucker Caused Multi-Vehicle Accident

Yesterday I wrote about truck driver fatigue and its possible role in a fatal accident in which a mini-van was crushed by a semi-truck. Today I’m writing about another wreck in which a truck crushed a mini-van. Only this time, the wreck was due to another common cause of truck wrecks: speeding.

Yesterday truck driver John Revene, 47, of Westboro, MA, was behind the wheel of a tanker truck carrying 8,500 gallons of diesel fuel when the truck went off the road then rolled onto three vehicles, according to the Boston Herald. The accident occurred on Route 2 in Lincoln, MA, and Revene has been cited for speeding. Revene and another driver were injured in the wreck. The two other drivers escaped injury. It’s a miracle that no one was killed in this truck accident. Those involved are also lucky that the fuel did not spill out of the tanker truck.

Elizabeth Buchanan, 52, was driving a Toyota Matrix that was crushed in the wreck. She was taken to Emerson Hospital to be treated for minor injuries. Revene was taken to Massachusetts General Hospital with serious injuries. He was airlifted by helicopter, and the highway was shut down temporarily to allow the helicopter to land. In many truck wrecks, the truck drivers escape injury due to the massive size of their vehicles. In this case, Revene was no so lucky.

The two uninjured drivers involved in the wreck were Richard Frese, 64, who was driving a Toyota Avalon, and Christiane Rabich, 48, who was driving a Chrysler mini van.

The tanker truck was owned by Trans Spec Truck Service of Milbury, MA. This trucking company has suffered many tragedies of late. Last month a Trans Spec mechanic was killed on the side of the road after repairing a broken down tanker truck on the Massachusetts Turnpike. Dennis Scott had just finished working on the truck when another vehicle hit him. Further, Federal Motor Carrier Safety Administration (FMCSA) records show that Trans Spec trucks have been involved in five crashes in the last two years.

Many trucking companies with unsafe histories continue to employ truck drivers. Lax safety practices often contribute to truck wreck injuries. Normally, the passengers of other vehicles suffer the most severe injuries. All too often, a large truck wreck ends with a fatality.

In this case, the truck driver was cited for speeding. As I pointed out yesterday, many trucking companies encourage unsafe practices because of time constraints. When cargo has to be delivered by a certain time, truck drivers might speed or work long hours and become fatigued. Speeding and driver fatigue are the two main causes of truck wrecks.

One way to encourage safe practices in the trucking industry is to go after unsafe companies in court. If you know someone who has been injured in a truck wreck, tell them that they should contact an experienced Georgia truck wreck attorney immediately. An experienced attorney will know how to secure the evidence necessary to prove negligence on the part of the trucking company and/or the driver. To schedule a free legal consultation, call MLN Law at 404-531-9700.

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Tuesday, January 12, 2010

  Driver Fatigue Investigated as Possible Cause of Fatal Tractor Trailer Crash



“It’s one of those stories you really don’t want to tell,” said KDKA anchor Rick Dayton as he introduced a report on a “horrific crash” involving a tractor trailer truck, an SUV, and a mini-van.

The fatal accident on I-80 in Pennsylvania shut down the interstate for hours and caused at least three deaths and several injuries.

KDKA reporter Ross Guidotti of KDKA reported that the accident happened about 9:00 on Interstate 80 in Clintonville, PA.

An SUV and a semi truck were headed west-bound when both vehicles somehow lost control and crossed the median into the east-bound lane. The tractor-trailer truck flipped and landed on top of a mini-van, crushing the passengers. The van included 10-year-old Avrohom Dovid Liberow, who was killed, as well as newly married 20-year-old Pesha Leah Azouli, who was also killed. Two adults and three other children were also in the mini-van, and they were all injured. It’s a miracle that they survived a semi-truck landing on top of them. The 66-year-old driver of the SUV was also killed.

The driver of the tractor trailer truck has been identified as John Davis from Shelby, Ohio. He was not injured in the accident. Large truck drivers often escape serious injury in terrible accidents because their vehicles are so massive. They plow through smaller vehicles until they come to a stop. Meanwhile, passengers in those smaller vehicles commonly suffer serious injury or death.

No charges have been filed at this point. State police are investigating weather conditions and driver fatigue as possible causes of the accident.

Many trucking companies encourage drivers to work for long hours, and this causes dangerous driver fatigue. A fatigued driver can be just as dangerous as a drunk driver. And when a fatigued driver is behind the wheel of an 80,000 pound vehicle, everyone on the road is put in danger.

According to the National Transportation Safety Board (NTSB), driver fatigue causes 30 to 40 percent of tractor trailer truck wrecks. In one eye-opening NTSB survey, 19 percent of truck drivers admitted that they had fallen asleep behind the wheel in the past month.

Unfortunately, truck drivers have been known to falsify their log books to show that they did not work longer than the hours allowed. However, many drivers keep on trucking, even when they are exhausted. After all, their pay often depends on their performance - and that means delivering the cargo on time.

Have you been injured in a tractor trailer truck wreck? You need an experienced Georgia truck wreck lawyer who understands the laws associated with commercial vehicles. Many trucking companies have first-class, fast-acting legal departments, so contact an attorney as soon as possible to increase your chances of being awarded recovery. Call MLN Law at 404-531-9700 to schedule your free consultation.

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Friday, December 4, 2009

  Georgia Tractor Trailer Wreck Injures Mother and Three Children

The Atlanta Journal-Constitution reports that a mother and her three children were transported to local hospitals yesterday afternoon after their van was hit by a tractor trailer truck that ran a stop sign.

The wreck happened about 2:30 Thursday afternoon at the intersection of High Falls Road and North McDonough road. Cindy Lynn Fain, 38, was driving her Dodge minivan with her three children as passengers when a tractor trailer truck driver by Solomon Debela, 37, ran a stop sign and collided with the passenger side of the van. Fain was traveling west on High Falls Road, and Debela was traveling south on North McDonough Road.

Georgia State Patrol spokesman Lt. Paul Cosper reported that Fain and her three kids were all seriously injured in the crash. The kids were Landon Todd, age 2, Jason Todd, age 4, and Josieanna Arriaga, age 5. The children were airlifted to Children’s Healthcare of Atlanta at Egleston, and their conditions have not been released by hospital officials. Fain was taken to Spalding Regional Medical Center, and her condition has not been reported, either.

Cosper said that the tractor trailer accident is still under investigation, but Debela has been charged with failure to stop at a stop sign, failure to obey a traffic control device, and driving a semi truck on a no-thru road.

WSB-TV reporter Ryan Young spoke to a witness who said that a toddler was bleeding from the head when she arrived on the scene. Another child also appeared to be bleeding and in pain, the witness reported.

Let us hope that everyone injured in the semi truck wreck survives. Tractor trailer wrecks cause far too many injuries and fatalities. We may never know what caused Debela to run the stop sign, but driver distraction and driver fatigue among truckers are major problems for all drivers on the road.

The National Transportation Safety Board (NTSB) cites the following most common causes of tractor trailer wrecks: poor driving training, driver fatigue, speeding, overloaded trucks, oversized trucks, brake failure, poor driving conditions, driver inexperience, failure to yield, driving under the influence, aggressive or reckless driving, mechanical failure or improper maintenance, and defective parts. Driver fatigue plays a role in 30 to 40 percent of truck wrecks. According to the Federal Safety Regulations, the trucking company has a duty to monitor the driving record of the driver and look for problems. In one survey, 64 percent of truck drivers surveyed were willing to anonymously admit they falsified their hours of service logs. Sadly, falsified log books are common. Truck drivers and trucking companies may be held liable when their negligence leads to injuries or fatalities.

We’d like to think that the majority of truck drivers are safe and responsible, but the industry tends to promote driver fatigue and unsafe conditions. If you are involved in a wreck involving a tractor-trailer truck or construction vehicle, you need someone to fight to make sure you receive full compensation. Contact an experienced Georgia tractor trailer wreck lawyer immediately. Cal MLN Law at 404-531-9700 for a free consultation.

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Wednesday, November 18, 2009

  Jury Awards $5.25 Million to Family of Fatal Tractor Trailer Wreck Victim

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.

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Thursday, October 29, 2009

  Lawsuits against Trucking Companies in Tractor Trailer Accident Cases Can Be Tough

Large trucks like tractor trailer trucks cause serious injuries or death in virtually all accidents in which they’re involved. These large commercial vehicles are simply so massive that passengers in other vehicles face extremely high risk of serious injury in an accident. However, truck accident cases are notoriously difficult to pursue in the court of law.

On his 18 wheeler accident blog, fellow truck accident attorney Michael Grossman recently explained why suing a trucking company can be a daunting process, even in cases where the damage caused by the truck was devastating.

It all comes down to money. The commercial insurance policies that cover these large trucks are priced according to the damages these vehicles can cause. These policies are typically valued 50 times higher than the policies that cover passenger cars. With that sort of money on the line, insurance companies are going to do everything they can to avoid paying up.

The driver of the vehicle is, unfortunately, not on your side either. His or her entire career is probably at stake in this case and he or she might do whatever it takes to get out of trouble, even if you’re the one who ends up paying for it.

To make things worse, the laws surrounding these accidents are complex to people who do not work with the laws on a regular basis. Commercial vehicles are regulated by the Federal Motor Carriers Safety Administration. These regulations create overlap between federal and state laws that allows insurance carriers to deny your claim based on a technicality you’ve never even heard of.

The insurance companies you will face in a truck accident will typically employ a team of experts, starting with the most ruthless and aggressive insurance adjusters in the business. These people have proven their ability to deny claims just like yours time and time again. They will be working around the clock to make sure their company doesn’t have to pay you.

In addition, commercial insurance carriers typically have a team of defense attorneys and accident recreation experts on retainer. This team will be sent to the scene of your accident before the truck driver has even left. Their job is to build a legal case against you using evidence from the scene, witness statements, or anything else they can find.


Note that a team of defense experts will be sent out to the scene of an 18 wheeler accident immediately. They will do everything in their power to make sure their company doesn’t have to pay money. Understand that big money is on the line. Trucking companies have been known to destroy evidence in accident cases. If you’re ever involved in a truck accident, and if you or an acquaintance is able to move around, takes photographs of the scene. If you don’t have a digital camera, then buy a disposable camera. You should also collect names and numbers of any witnesses.

Trucking companies have expert attorneys who are prepared fight for them. If you’ve been injured in a truck wreck, you need an expert Georgia tractor trailer accident attorney who will fight for you. At MLN Law, our attorneys are well-versed in the complex Federal Motor Carriers Safety Administration (FMCSA) regulations that apply to commercial vehicles. Call MLN Law at 404-531-9700 to schedule a free consultation.

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Monday, October 26, 2009

  GA Woman Killed in Tractor Trailer Wreck

WALB in Albany reports that a tractor trailer truck driver from Ohio has been charged with vehicular homicide after a fatal truck wreck in Worth County.

Julie Tyler of Hahira, GA, was killed when the truck driver ran a stop sign at Highway 133 and Highway 112. Tyler, 25, worked at LifeTouch Photography, where she took school photographs of children.

When the big rig hit Tyler’s Toyota Camry, the car become lodged under the truck and was dragged nearly 500 feet as the truck continued to skid down the highway.

Georgia State Trooper Scott McClure said, “He was coming up north of 112, crossing 133, and failed to stop at the intersection.”

“It was a horrendous crash,” said one witness. “It was like slow motion. The car hit underneath the truck. I went out there to see if I could help. I called 911 first.”

Tyler was crossing the intersection when the truck crossed into her path. Tyler’s car collided with the back of the semi truck.

“The tractor trailer drug the vehicle down the road about 500 feet,” said McClure.

First responders arrived quickly, but there was nothing they could do. Tyler had been killed on impact with the large tractor trailer truck.

The truck driver was 61-year-old William Fishbaugh of Greenwich, OH. He was been charged with running a stop sign, reckless driving, and first-degree vehicular homicide. He is currently in the Worth County Jail.

Fishbaugh was a driver for Dutch Maid Logistics, Inc., an interstate motor carrier with 91 power units that specialize in refrigerated shipments such as produce. Historically, Dutch Maid has had unsatisfactory driver safety ratings over the past few years. Violations against Dutch Maid drivers have included driver impairment, fatigue, and working too many hours. The trucking company has been a defendant in at least one other recent negligence lawsuit based in Pennsylvania.

McClure commented, “He was unfamiliar with the area, but that’s more reason to pay attention while you’re out driving.”

Unfortunately, tractor trailer drivers don’t always pay attention to the road. In fact, they often face more distractions than the average drive, such as on-board computers that dispatch directions. Truck drivers also face fatigue and long hours behind the wheel. Hours of service rules aim to cut back on fatigue by limiting the number of hours that truck drivers can work, but many drivers forge their log books to circumnavigate the rules.

In most trucking companies, the truck drivers are paid by the number of miles they drive, rather than the number of hours they work. Thus, they have an incentive to lie about their work hours so they can drive more miles and get paid more.

Increased competition coupled with a sluggish economy has put even more pressure on some truck drivers to drive faster and work longer hours. As a result, more people die in truck collisions than in all other forms of transportation combined.

If you’ve been injured in a tractor trailer truck wreck, you need an aggressive, experienced GA truck wreck lawyer who will stand up against large trucking companies as well as insurance companies. Call MLN Law at 404-531-9700 to schedule a free consultation.

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Friday, October 23, 2009

  Federal Safety Regulators May Require Sleep Apnea Screenings for Truck Drivers

Federal safety regulators may soon start screening commercial truck and bus drivers and merchant ship pilots for sleep apnea. Sleep is a sleep disorder in which the sleeper stops breathing during sleep. This often interrupts sleep and wakes up the individual. Federal investigators say that sleep apnea causes crashes by contributing to driver fatigue.

The National Transportation Safety Board (NTSB) made sleep apnea screening recommendations for train operators and airline pilots earlier this year. Citing sleep apnea as the cause of several accidents, the NTSB recommended that medical examiners question drivers and pilots about the disorder.

According to the Associated Press, the NTSB cited the following accidents:

In January 2008, a motorcoach carrying passengers returning from a weekend ski trip went too fast around a curve on a rural Utah highway. The bus went careening down a mountainside, killing nine people and injuring 43 others. The driver suffered from sleep apnea and had trouble using a device to regulate his breathing while sleeping in the days before the accident.

The same month, two go! airlines pilots conked out for at least 18 minutes during a midmorning flight from Honolulu to Hilo, Hawaii, as their plane continued to cruise past its destination and out to sea. Air traffic controllers were finally able to raise the pilots, who turned the plane around with its 40 passengers and landed it safely. The captain was later diagnosed with sleep apnea.

A trolley train crashed into another train in May 2008 in Newton, Mass. Investigators said the driver probably fell asleep because she suffered from sleep apnea, but it could not be proved because she died.

In November 2001, a train engineer drove through a stop warning in Clarkston, Mich., striking another train and killing two crew members. He was found to be a very high risk for sleep apnea, but he had not been diagnosed or treated.

In June 1995, a cruise ship maneuvering through Alaska's Inside Passage was grounded on a submerged but charted and marked rock by a pilot later diagnosed with sleep apnea. The ship was carrying about 2,200 people.


A 2002 study estimated that 7 percent of adults have some form of sleep apnea. Screening for sleep apnea could save lives. Many people who suffer from sleep apnea are unaware that they have it. In typical cases of sleep apnea, a disruption in breathing causes the individual to wake up. The pauses in breathing typically last from 10 to 30 seconds. If it’s not treated, sleep apnea can contribute to high blood pressure, heart disease, weight gain, and several other health problems.

A Department of Transportation spokesperson said that the motor carrier administration is considering a rule to tighten medical standards for the certification of commercial truck and bus drivers.

Some experts like Dr. Dave Hnida believe that the application of such rules might prove challenging. Dr. Hnida said in an interview, “Identifying people who have sleep apnea will be difficult unless the person volunteers information about their snoring habits or if they experience excessive daytime drowsiness. Otherwise, sleep studies on everyone applying for a commercial driver’s license will be needed.”

Addressing the problem of sleep apnea and other sleep disorders among truck drivers is certainly a step in the right direction.

Have you or a loved one been injured in a tractor trailer truck accident? If so, contact an GA tractor trailer truck accident attorney immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.

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  Government May Require Brake Transmission Shift Interlock Systems for Trucks

Today’s Trucking reports that American truck regulators are considering a proposal to require large trucks and buses with automatic transmissions to have technology installed that will prevent unintended acceleration.

The National Transportation Safety Board (NTSB) has expressed concern about incidents involving drivers who have pressed down on the accelerator instead of or in addition to the brake pedal. The NTSB has asked the National Highway Traffic Safety Administration (NHTSA) to develop a rule requiring the installation of brake transmission shift interlock systems (BTSI) in all newly manufactured heavy vehicles with automatic transmissions and other types of transmissions that might allow unintended acceleration by pressing the wrong pedal in the park position.

The NTSB also asked the NHTSA to analyze pedal configurations in large trucks and buses. The pedal design and configuration may affect driving and pedal errors. The NTSB expects a published NHTSA report soon.

The NTSB started this investigation in 2005 when a school bus driver hit the wrong pedal and caused an accident in Liberty, Missouri. Pedal misapplication has also implicated in at least four other heavy vehicle accidents since then.

A 1989 NHTSA study on light vehicles found that pedal misapplication is the most probable explanation for sudden acceleration in the absence of vehicle.

The NTSB acknowledges that all drivers in the known heavy vehicle accidents due to sudden acceleration reported a loss of braking power or were observed by vehicle occupants to be unsuccessfully attempting to stop the vehicles. However, the NTSB concludes that there was no evidence of braking failure in any of these cases.

Unfortunately, the reality is that driver error is a common cause of tractor-trailer wrecks. Requiring the installation of BTSIs on all new trucks would likely save lives and prevent unnecessary injuries. Tractor trailer trucks can weight up to 80,000 pounds. A vehicle that massive can cause extensive damage (especially to other vehicles) when it suddenly accelerates. Tractor trailer trucks make up just 3 percent of the vehicles on the road, yet they’re involved in 21 percent of fatal wrecks.

If you’ve been injured in a tractor-trailer accident, contact a Georgia tractor trailer truck wreck attorney as soon as possible. In serious injury cases, major trucking companies will immediately have their lawyers and experts on the scene to secure evidence. An experienced truck accident attorney will make sure that photographs and statements are taken as soon as possible after the accident. Skid marks, for instance, will disappear and that evidence will be lost unless photographs are immediately taken.

Many important, helpful pieces of evidence can be lost, misplaced or be purposely destroyed unless you act quickly. For example, some trucking companies won't save the driver's hours of service records unless they are promptly contacted by an attorney. Call MLN Law at 404-531-9700 to schedule a free consultation.

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Monday, October 5, 2009

  Georgia G-TACT Program Targets Aggressive Cars and Trucks

Tractor trailer accidents are all too common on Georgia roads. Last year, large trucks were involved in 8.6 percent of the state’s 2,070 fatal crashes.

Earlier this year the Georgia Department of Public Safety kicked off a new initiative to reduce the number a wrecks between big rigs and cars: Georgia Targeting Aggressive Cars and Trucks, or G-TACT.

The goal of G-TACT is to combine the resources of the Motor Carrier Compliance division, state troopers, and sheriff’s deputies to educate drivers about the dangers of driving alongside big tractor trailer trucks. Through a grant from the Federal Motor Carrier Safety Administration, the project has been instigated across the state on busy highways and interstates.

Georgia State Patrol Villa Ricca Post Commander Joey Boatright told the Times Georgian, “Stopping abruptly in a tractor-trailer takes about three times the distance than a car that is traveling at the same speed. If there is an emergency ahead and the driver of a car can stop in time, the tractor trailer might not be able to if there is not enough space between the two.

“Drivers should know that tractor-trailers have a blind spot directly behind the vehicle and just behind the driver’s side door and cab. It is the responsibility of the truck drivers to have mirrors set up, but passenger cars should be aware of these potential areas that might have limited visibility.

“Anytime it’s a tractor trailer versus a car in a collision, there is the potential to be a serious or deadly accident. Speeding and driving under the influence of drugs or alcohol can also be just as deadly. This program was started because of the number of accidents we have, not just in Carroll and Douglas counties but across the entire state.”

State Patrol Lt. Paul Cosper said that, as part of G-TACT, motor carrier compliance officers inspect heavy trucks for mechanical problems like blown headlights, brake problems, or worn tires. Officers can issue citations or order tractor trailers out of service for violations. Big rigs may also be ordered out of service if drivers have exceeded the limit on hours in the driver log.

“This is for the safety of everyone,” said Cosper. “If you are driving an 80,000 pound vehicle, then you need to be safe. At the same time, cars do not need to cut off large trucks on the road.”

To stay safe and avoid getting a ticket, don’t cut off tractor trailers. Leave plenty of room between the truck and your vehicle before you change lanes. Don’t tailgate tractor trailer trucks. Large trucks have large blind spots, and if the truck brakes suddenly, you may not have time to react. Always leave more room for big rigs when you’re merging with traffic.

Have you or a loved one been injured in a tractor trailer wreck? If so, you need an experienced Georgia accident attorney who is familiar with the laws and regulations regarding tractor trailer trucks. Call MLN Law at 404-531-9700 to schedule a free consultation. Do not delay; the sooner you hire an attorney, the better your case will be.

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Thursday, October 1, 2009

  2008 Traffic Safety Data for Large Truck Wrecks

The National Highway Traffic Safety Administration (NHTSA) recently released 2008 traffic safety data concerning large trucks (vehicles weighing more than 10,000 pounds).

One out of nine traffic fatalities in 2008 resulted from a collision involving a large truck.

Last year, 380,000 large trucks were involved in traffic crashes in the U.S. In those crashes, 4,229 people died and an addition 90,000 people were injured. While large trucks account for approximately 4 percent of all registered vehicles, they accounted for 8 percent of all vehicles involved in fatal crashes in 2008.

For the fatalities that resulted from large truck crashes, 74 percent were occupants of another vehicle and 16 percent were occupants of a large truck (while 10 percent were non-occupants such as pedestrians). Typically, truck drivers and their occupants suffer fewer injuries during crashes with smaller vehicles because the trucks are so massive, which offers some degree of protection.

Of the 90,000 people injured in large truck wrecks, 71 percent were occupants of another vehicles, 26 percent were occupants of a large truck, and 3 percent were non-occupants.

Large trucks were much more likely to be involved in a fatal multiple-vehicle crash – as opposed to a fatal single-vehicle crash – than were passenger vehicles (82% of all large trucks involved in fatal crashes, compared with 58% of all passenger vehicles)

In 30 percent of the two-vehicle fatal crashes involving a large truck and another type of vehicle, both vehicles were impacted in the front. The truck was struck in the rear 3.2 times as often as the other vehicle (19% and 6%, respectively).

In 50 percent of the two-vehicle fatal crashes involving a large truck and another type of vehicle, both vehicles were proceeding straight at the time of the crash. In 9 percent of the crashes, the other vehicle was turning. In 9 percent, either the truck or the other vehicle was negotiating a curve. In 8 percent, either the truck or the other vehicle was stopped or parked in a traffic lane (6% and 2%, respectively).

Most of the fatal crashes involving large trucks occurred in rural areas (64%), during the daytime (67%), and on weekdays (80%).

During the week, 74 percent of the crashes occurred during the daytime (6 a.m. to 5:59 p.m.). On weekends, 63 percent occurred at night (6 p.m. to 5:59 a.m.)

While large trucks are more likely to be involved in fatal crashes, truck drivers are less likely to be drunk behind the wheel. The percentage of large-truck drivers involved in fatal crashes who had a blood alcohol concentration (BAC) of .08 grams per deciliter (g/dL) or higher was 2 percent in 2008. For drivers of other types of vehicles involved in fatal crashes in 2008, the percentages of drivers with BAC levels .08 g/dL or higher were 23 percent for passenger cars, 23 percent for light trucks, and 29 percent for motorcycles.

Drivers of large trucks were less likely to have a previous license suspension or revocation than were passenger car drivers (7% and 15%, respectively).

In Georgia, large trucks were involved in 8.6 percent of the state’s 2,070 fatal crashes in 2008.

Each year, the number of registered large trucks increases, and the number of total miles traveled increases. Be especially careful around large trucks when you’re driving.

If you’ve you or a loved one has been injured or killed in a large truck crash, call Georgia truck accident attorney Michael Neff at 404-531-9700 to schedule a free consultation.

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Thursday, September 24, 2009

  Obama Taps Trucking Industry Lobbyist for Head of FMCSA

In a New York Times editorial published on Tuesday, the newspaper questioned President Obama’s nomination of Anne Ferro, a truck industry lobbyist, as head of the Federal Motor Carrier Safety Administration (FMCSA).

Obama has said that he wants to limit the ability of lobbyists to enter government as high officials and influences policy from within. In fact, an executive order bars any former federally registered lobbyists who join the administration from dealing with their lobbying work or joining agencies they have lobbied in the past two years. Ferro has been representing trucking companies at the state government level as president of the Maryland affiliate of the American Trucking Association since 2003. The editorial views Obama’s nomination as a disconcerting inconsistency:

This disconnect should trouble members of the Senate Commerce, Science and Transportation Committee as they convene on Wednesday for Ms. Ferro’s confirmation hearing. It was wrong, as several committee members noted at the time, for the Bush White House to install people from the trucking industry to regulate their own industry. It is no less wrong for Mr. Obama’s to do it.

Ms. Ferro’s record on road safety includes some pluses. As the chief of Maryland’s motor vehicle agency, from 1997 to 2003, she implemented a graduated licensing system for new drivers and an ignition interlock program for drunken drivers.

But her more relevant experience these past six years was in supporting the trucking industry’s efforts to thwart and defeat policies and programs needed to protect the public and promote the health and safety of truck drivers. Just in January, Ms. Ferro co-authored a letter to The Baltimore Sun essentially defending the Bush administration’s loosening of regulations on drivers’ schedules and driver fatigue in defiance of considerable evidence of danger and two court decisions.

Ms. Ferro’s record, we believe, is disqualifying. With more than 5,000 fatal truck crashes a year, Americans cannot afford conflicts of interest in the running of their truck safety agency.


In her letter to The Baltimore Sun, Ferro defended the Bush administration decision to increase the number of consecutive hours that truck drivers can work. She wrote that the regulation improved safety by lengthening the required rest period for drivers. Others complained that the regulation would increase driver fatigue, which is a major cause of truck wrecks.

During Ferro’s senate confirmation hearing yesterday afternoon, Sen. Frank Lautenbery, D-NJ, said, “Given your ties, Ms. Ferro, to the trucking industry… I am concerned about your ability to take the bold action we need to keep Americans safe.”

“My passion is highway safety,” Ferro stated.

The Truck Safety Coalition, however, described Ferro as an “apologist for the trucking industry.”

Indeed, Ferro’s nomination could renew the court battle over hours of service rules for truck drivers. Her nomination is widely supported by the trucking industry. Bill Graves, president of the American Trucking Associations, said, “As [Maryland Motor Vehicle] administrator, she developed a reputation as a tough but fair regulator.”
We’ll keep an eye on this continuing story.

If you or a loved one has been injured in a truck accident, you need an experienced Georgia truck accident lawyer who understands the industry. If you have questions about your legal rights, call MLN Law at 404-531-9700 to schedule your free consultation.

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Thursday, September 17, 2009

  Tractor Trailer Wreck Shut Down GA 17 for Four Hours

Last Monday a tractor trailer wreck on GA 17 shut down the highway near Savannah for approximately four hours, according to the Savannah Morning News.

Effingham County first responders were dispatched to GA 17 near Midland Road, south of Guyton, in response to reports that a tractor trailer truck had overturned and was leaking fuel. The first responders arrived to find that four vehicles had been involved in the wreck.

Georgia State Patrol Trooper Chris Cuddington reported that 23-year-old Travis Kruen of Statesboro was traveling south on GA 17 in a Ford F250 pulling a trailer when he slowed down to turn right onto Lambert Road. The tractor trailer behind Kreun failed to stop in time and hit the trailer on Kreun’s truck.

The 18-wheeler was driven by John Young, 53, of Millen. The driver tried to stop, but after the tractor trailer clipped Kreun’s trailer, it crashed into a northbound U.S. Postal Service truck driven by James Hester, 58, of Bloomidale. At this point, the tractor trailer overturned and began leaking fuel.

Hester was taken to Memorial University Medical Center in Savannah. A hospital spokesperson said that he was treated and released.

Cynthia Leeks, 50, of Sylvania, was driving a Ford Expedition southbound behind the 18-wheeler when it crashed. As a result of the wreck, she swerved and drove into a ditch. Luckily, Leeks and her passengers, including a toddler, were not injured.

Officer Cuddington told the Savannah Morning News that Young, the driver of the tractor trailer, was cited for following to closely. Young complained of shoulder pain at the scene but refused treatment.

Georgia Department of Transportation employees and emergency crews cleaned up the fuel that spilled from the tractor trailer. The road was closed for four hours.

Because they are extremely massive, tractor trailer trucks cannot stop as fast as normal passenger vehicles. Large trucks requires 3 times the distance of normal cars to stop. For this reason, Road Safe America wants to see speed governors on tractor trailer trucks.

Many trucking companies already use speed governors, which are on-board computers that limit the speed of the truck. The speed governors would not allow trucks to exceed 65 miles per hour. When it comes to 18-wheelers, the difference in a few miles per hour could mean the difference between life and death.

Atlanta father Steve Owings founded Road Safe America after his son was killed in 2002 when a 70,000 pound truck that was traveling 7 miles per hour of the speed limit did not have time to stop and crashed into his car. The petition at RoadSafeAmerica.org calls for a top speed of 65 miles per hour for all trucks over 13 tons, aw well as required use of on-board speed governors. The organization also wants better working conditions for truck drivers.

Tractor trailer trucks are monstrous machines that causes serious injuries and fatalities all too often. If you or someone you love has been injured or killed in a tractor trailer truck wreck, you can schedule a free consultation with an experienced Georgia truck wreck attorney by calling MLN Law at 404-531-9700.

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Friday, September 4, 2009

  Judge Awards $18 Million to Couple Injured in 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.

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Tuesday, September 1, 2009

  Jury Awards $30 Million to Teen Injured in Truck Wreck

A DeSoto County Circuit Court jury in Tennessee recently awarded $30 million to a teenager who suffered permanent brain damage in a gravel truck accident three years ago.

The teen, Ethan Bryant, spend eight months in a coma after a gravel truck crashed into his pickup truck in 2006.

Paul Scott, attorney for the Bryant family, said that the gravel truck driver’s load was 20,000 pounds overweight, and the driver had little experience.

Unfortunately, trucking companies often exceed load limits in order to save money. However, overloaded trucks are dangerous on roadways. Excessive loads not only add more mass to already massive vehicles, but they also make trucks more likely to roll over and crash.

Bryant’s passenger, Patrick Taylor, was killed in the wreck. Both Bryant and Taylor were 16 at the time of the accident, and both were athletes at Hernando High School.

The jury found that APAC Tennessee, Inc., the paving company that hired the gravel truck driver, was 70 percent responsible for the wreck. The remaining 30 percent of fault was split between the driver and the company that loaded the gravel. The loading company settled out of court.

The driver, Chad McCarty, pleaded guilty to manslaughter and aggravated assault and was given 15 years of probation.

Bryant, who is now 19, received traumatic brain injury that left him incapable of living without help. His mother had to give up her job to take care of him.

“He requires 24-hour care,” said his father, Carey Bryant. “It’s turned into my wife’s full-time job.”

The victim’s father also said that the jury verdict gave him the only feeling of justice he’s felt in the last three years since the accident.

In today’s economy, many trucking companies will do anything to get ahead, even if that means breaking the law. In fact, a recent analysis of government data found that 200,000 trucks are driving in violation of federal safety laws.

Trucking companies may hire inexperienced drivers, drivers with medical problems, or drivers with alcohol and drug dependency. Many companies encourage drivers to work for long hours without adequate rest.

Large trucks may be overloaded, improperly loaded, or unsafe because of defective tires or other parts.

Large trucks are certainly the most dangerous vehicles on our roadways. They make up less than 4 percent of the vehicles on the road, yet they’re involved in 12 percent of the fatal accidents.

When you’re driving on the highway, always keep a safe distance between your vehicle and large trucks. The trucks have several extended blind spots, and they may not see your vehicle. When you have to pass a large truck, do so quickly and with care. Be aware that large trucks must swing to the left when turning right. To be safe, anticipate their moves and stay out of the way.

If you’ve been injured in a trucking accident, you need a personal injury attorney who understands the industry and the relevant laws and regulations. Call MLN Law at 404-531-9700 to schedule your free consultation with an experienced attorney.

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Wednesday, August 26, 2009

  200,000 Trucks in Violation of Federal Safety Laws

I recently received a shocking email from the American Association for Justice (AAJ) about the number of unsafe trucks on the road. A new analysis of government data shows than more than 28,000 motor carrier companies, representing more than 200,000 trucks, are operating in violation of federal safety laws.

Each day, drivers like you and I share our roadways with trucks that have incurred thousands of safety violations for problems such as defective breaks, bad tires, loads that exceed weight limits, and drivers with insufficient training or a history of drug and alcohol dependency. Some trucking companies violate federal laws with salary systems that encourage truck drivers to speed and drive long hours.

Trucks make up less the 4 percent of vehicles on U.S. roads, but they are involved in 12 percent of all motor vehicle fatalities. Over 4,000 people die each year in tractor trailer truck accidents, and over 80,000 people are seriously injured. In fact, more people die in wrecks with trucks than in wrecks with planes, trains, ships, and interstate buses combined! There are many different causes of trucking accidents, but a large percentage of them can be traced to trucking companies that violate federal safety standards to maximize profits.

AAJ researchers examined over a million lines of data from the Federal Motor Carrier Safety Administration (FMCSA) in their new analysis. Here are some 2007 truck crash facts from the FMCSA:

Fatalities involving large trucks: 4,808
Fatalities involving large trucks in Georgia: 229
Injuries in crashes involving large trucks: 86,245

AAJ researchers found that, as of April 2009, 28,274 companies and 211,542 trucking companies were operating on roadways with safety violations.

Profit margins for many trucking companies are slim. Therefore, truck drivers are often encouraged to drive long hours with loads that are too large. They’re encouraged to get the job done quickly, even when safety issues arise. For example, the AAJ report tells this story of a unnecessary death that could have easily been prevented:

In March 2002, married truck drivers Nelta and Tom Osborndiscovered that the air brakes on their rig were compromised by asmall hole caused by a hose dragging on the ground, which made theemergency brakes suddenly engage. Rather than call a mobilemechanic, the pair fixed the hole with a toothpick and electrical tapeand continued driving. The dispatcher for the trucking companycomplimented them on their resourcefulness and for two hours theydrove with the makeshift repair, passing numerous repair shopswhere a $12 fix would have made the hose safe again.

Just outside of Texarkana, Texas, the hose failed and the emergencybrakes screeched the truck to a stop. Driving behind the truck was23-year-old Matthew Giuliano, a newly-commissioned Army officer,who was on his way to Fort Hood for his first assignment. Giuliano,without any brake lights or flashing hazards to warn him of theimpending danger, did not have time to react and slammed into thestationary truck. He was killed instantly.

Giuliano was the unfortunate victim of the largely ignored issue oftruck safety. Every year, tens of thousand of people are killed orseriously injured in trucking accidents.

Next time you’re driving behind a tractor trailer truck, keep this story in mind. It’s best to keep a safe distance between your vehicle and large trucks at all times. You never know when their brakes might be held together by electrical tape and a toothpick.

If you’ve been injured in a truck accident, call MLN Law at 404-531-9700 to schedule your free consultation. You may be entitled to compensation. We’ll inform you of your legal rights, and if you decide to hire us, we’ll work to make sure that you receive just compensation.

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Monday, August 10, 2009

  Alabama Jury Awards $3.5 Million in Logging Truck Fatality

The Montgomery Advertiser reports that the jury in a wrongful death suit deliberated less than an hour before they awarded $3.5 million to the family of James Sanderson, who was killed when two logging trucks crushed his van in a 2008 accident.

On July 22, 2009, a Chilton County jury ordered Ken Gorum Trucking and Gary Fruge, the driver of the logging truck that crashed into Sanderson’s van, to pay $3.5 million to Sanderson’s family.

Attorneys for the family submitted evidence that the truck was being operated at a high speed and with defective breaks in violation of Alabama law.

The accident happened in Elmore County. When a car stopped to make a left-hand turn, one logging truck stopped behind it, followed by Sanderson’s van. The logging truck driven by Fruge could not stop in time, and Sanderson’s van was crushed between the two trucks.

Attorney J. Cole Portis of the Beasley Allen Law Firm in Montgomery said, “I don’t want to be too graphic, but his vehicle was sent careening into the logs in the log truck in front of him, the logs went through the front wind-shield of his car, and one of the logs went through his head and killed him.”

Fruge said he was driving his logging truck at about 45 miles per hour, but Portis argued that the truck must have been going faster.

“If he had been going 45, he had a thousand feet to stop and should have stopped within 360 feet. Based on the evidence from the accident, our expert said he was going somewhere between 65 to 75 miles per hour.”

The lawsuit lasted only two days, and the jury deliberated for less than an hour. Progressive Insurance Company, the insurance company for the defendants, refused to settle the case before trial.

“I am grateful to see that folks in Chilton County value human life and will not accept unsafe trucks traveling on Alabama highways, harming its citizens,” said Portis. “ I know that this jury’s verdict will make a difference in the log truck industry.”

I’m also glad to see that they jury sent a strong message to trucking companies. But I wonder if that message will make a big difference in the trucking industry. As we reported last month, hundreds of shut-down trucking companies are still on the road.

New braking standards for large trucks were recently issued by the National Highway Traffic Safety Administration (NHTSA). The new standards require that a truck traveling at 60 miles per hours must be able to come to a complete stop in 250 feet. The NHTSA estimates that these new braking rules will save over 200 lives per year. The new regulations will be phased in over the next four years.

If you’ve been injured in a large truck accident, or if you’ve lost a family member in a trucking accident, call MLN Law at 404-531-9700 to schedule a free consultation to discuss your legal options. We’ll help you get the compensation you deserve.

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Friday, August 7, 2009

  Flowery Fundraiser Assists Family Rocked by Tractor Trailer Accident

Most Fridays here at the MLN Law Blog we like to bring you news about people who, like the clients we help every day, have overcome tragedy after an accident or injury. The story of Chris Cornish and Cathy Ringer is just that. Cornish, of Naples, New York, is the survivor of a horrific tractor trailer accident and Ringer, also of Naples, is the woman who decided to turn an excess of beautiful flowers into much needed funds to aid in Cornish’s recovery.

Thirty-nine-year-old Chris Cornish, who worked as a warehouse supervisor for the supermarket chain Wegman’s , had planned to spend Super Bowl Sunday in February 2008 with family until a co-worker asked if he’d like to take on an extra shift. Before leaving for work, he and his wife Vicky took their three children to view a local museum’s butterfly garden. They had no idea that a day when Chris was not even supposed to report to work would end up a day that changed their lives.

Later that day, Chris was standing in the Wegman’s warehouse yard taking inventory when a tractor trailer struck him from behind. He was dragged 20 feet, conscious the whole time.

“I remember the seconds before being trapped under the wheels of the truck, visualizing my children and my wife….My wife was holding my little guy, my older son was playing with his train, my daughter was painting her nails. I wondered if my insurance policies were up to date…. I thought that truck would just cut me in half,” Chris told the Rochester, New York based website MPNNOw.com.

While it is quite a stretch to call a man in Chris Cornish’s case lucky, he was fortunate in that he did not break any bones or sustain a traumatic brain injury from the accident. He did suffer immensely, including internal damage to his intestines and other internal organs and severe skin damage. He has undergone at least 13 procedures and been forced to endure long hospital stays due to complications such as infections and failed skin grafts.

While the Cornish’s do have insurance and some forms of financial support, as with many people who suffer accident injuries, the Cornish’s have found the financial obligations inherent in Chris’s injury overwhelming. The accident happened to a family already dealing with major health issues. Chris and Vicky’s young son, Wyatt, was born with a rare medical condition that causes tumors to grow on his organs.

Cathy Ringer hopes she can help the Cornish family. When her father, an avid gardener, died in 1989, he left his enormous garden to Cathy and her mother. Finding herself overwhelmed by plants just as the Cornish’s were overwhelmed by medical bills, Cathy decided to start collecting donations of plants from all over the area and host a fundraiser. So far Cathy Ringer has collected over 200 potted perennials and is expecting more from people who are cultivate their own perennials to donate right up until the day of the fundraiser. This month, funds generated from the sale of the perennials will help the Cornish family’s life bloom.

From all of us at the MLN Law blog, have a happy and safe weekend.

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Tuesday, August 4, 2009

  Injured Driver Collects $5.4 Million in Tractor Trailer Accident Settlement

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.

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Friday, July 31, 2009

  Hundreds of Shut-Down Trucking Companies Still on Roads

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.

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Thursday, July 30, 2009

  New Braking Standards for Tractor Trailer Trucks Will Save Hundreds of Lives

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.

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Thursday, July 23, 2009

  Company Settles for $16 Million After Truck Driver Admits Lying

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.

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Tuesday, July 21, 2009

  The Safe Highways and Infrastructure Preservation Act Aims to Keep Heavier Trucks Off the Road

H.R. 1618, the Safe Highways and Infrastructure Preservation Act, was introduced on March 19, 2009 by Representative James McGovern (D-MA) and is currently under review by the Subcommittee on Highways and Transit. The bill would amend titles 23 and 49 of the United States Code concerning the length of weight limitations for vehicles operating on Federal-aid highways. The bill would extend the current limit of 80,000 pounds and maximum length of 53 feet for tractor trailer trucks on interstates highways. It would also close loopholes that allow for the operation of overweight trucks.

Bigger, heavier trucks take longer to stop and roll over easier. Research shows that a 100,000 pound truck travels 25 percent farther than an 80,000 pound truck after the driver hits the brakes. Heavier trucks would lead to more fatal accidents on our highways.

Large trucks already account for a disproportionate share of deaths. Large trucks account for approximately 2.4 deaths per 100 million vehicle miles traveled; that’s 50 percent greater than the rate for standard traffic. In 2006, 4,995 people died and 106,000 were injured in truck accidents.

Congressman McGovern said, “Heavier, unsafe trucks pose significant dangers to our driving public and to our roads and bridges. Our deteriorating infrastructure can ill afford the crushing damage that heavier trucks inflict, and motorists should not be subjected to such enormous risks. This is sensible, bipartisan legislation. I look forward to working with Senator Lautenberg to ensure that common-sense weight and size limits for trucks on our highways are maintained.”

U.S. Senator Frank R. Lautenberg (D-NJ) also supports the bill. Senator Lautenberg said, “Adding heavier trucks to our roads is simply a recipe for disaster. Our bill would protect our infrastructure and improve safety by helping keep dangerously large and heavy tractor-trailer trucks off our roads.”

Jane Mathis of the Truck Safety Coalition, whose son and daughter-in-law were killed in a tractor trailer crash, said, “Everyday, I live with the fact that a big truck crashed into my child’s car and killed him and his new wife. David and Mary Kathryn had just embarked upon a new life together and it was taken from them. We don't need bigger trucks, we need safer trucks. If large trucking companies and their lobbyists have their way, American families will be the ones to pay.”

Bigger, heavier trucks would also weaken highway infrastructure. The Department of Transportation reports that a third of the nation’s bridges are already structurally deficient. One tractor trailer truck can cause as much pavement damage as 13,900 mini-vans. Large trucks also use more fuel and create more pollution.

“According to the EPA, transportation is the largest and fastest growing source of greenhouse gas emissions,” said Rob McCulloch, Transportation Advocate for Environment America. “Truck freight represents the fastest growing mode of transportation pollution, producing more than 220 million tons of carbon dioxide each year. Capping truck weight limits through the Safe Highways and Infrastructure Preservation Act will be a crucial step in limiting this source of global warming pollution.”

Despite the risks of heavier trucks, some members of the trucking industry are pushing for laws that will allow heavier trucks. For example, Representative Michael Michaud is currently trying to amend the Surface Transportation Act of 2009 to allow for increases in truck size and weight.
If you oppose an increase in truck size and weight, let your legislators know. Tractor trailer trucks are already dangerous enough with current weight limits.

If you’ve been injured in a tractor trailer accident, call MLN Law at 404-531-9700 to schedule your free consultation.

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  State of California Passes Bill Prohibiting Big Trucks in Dangerous Runaway Zone

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.

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Monday, July 20, 2009

  I-85 Construction South of Atlanta Leads to More Auto Accidents

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.

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Friday, July 17, 2009

  America’s Road Team: Truckers Taking Your Safety to Heart

Here at the MLN Law blog we often talk about the dangers posed by large tractor trailer trucks on the road. We have brought you news of truck drivers operating with fraudulent inspection stickers, tired truck drivers, improperly loaded trucks, unsafe logging trucks, and sobering trucking accident statistics among many other items. In fact, if you read the MLN Law blog on a daily basis, you have probably come away with a pretty poor picture of the trucking industry and truckers in general. But, as with everything in life, there is another side to the story. One of the groups fighting the good fight on that other side is America’s Road Team.

America’s Road Team is made up of a group of truck drivers with stellar reputations and driving records who are dedicated to road safety. According to their site, the America’s Road Team program is “is a national public outreach program led by a small group of professional truck drivers who share superior driving skills, remarkable safety records and a strong desire to spread the word about safety on the highway.”

And America’s Road Team accomplishes that lofty goal in a common sense style apropos to the salt of the earth image of truck drivers we often seen depicted in television and film – they get hands on.

At an event at Skyview High School in Billings, Montana last month, members of America’s Road Team brought their convoy to show new teen drivers what to do to avoid a mix up with a tractor trailer truck. One of the best ways to learn is by doing, and teens were invited to climb up into the cab of a big rig and see the world as a truck driver sees it. They were probably quite surprised at the number of blind spots truck drivers have to contend with.

"It's important to show where not to be as a driver for a big truck because that car is actually in what they call a "no zone" which is a blind zone," said Ken Gray, trucker with Hanser's Automotive and Wrecker, when pointing out the blind spots to a student. "We can't see that car and if we turned right right now we'd actually drive over that car."

As the America’s Road Team members told the students, the three blind spots on a tractor trailer are on its sides and directly behind it. The biggest is on the right-hand side.

"So pass on the left side and do it as quickly as possible," said Wayne Staley, a Billings driver's education student attending the event.

For more on the good work that America’s Road Team is performing, visit their website and that of their parent organization, the American Trucking Association (ATA). Safe Summer Driving Tips from America’s Top Truck Drivers is a must read for anyone who shares the road with trucks or drives frequently.

We here at the MLN Law blog are grateful that America’s Road Team for serving as role models to truckers and educators to the public. Drive safely out there.

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Thursday, July 16, 2009

  Tanker Truck Explodes on I-75 North

ABC News reports that a tanker truck exploded after a wreck on I-75 North in Hazel Park, Michigan, just north of Detroit, and the ensuing flames caused an overpass to collapse.

The accident happened yesterday during the evening rush hour. Police said that a car spun out of control, causing a tanker truck carrying 13,000 thousand gallons of fuel to flip and collide with another tractor trailer truck before bursting into flames. The explosion caused the overhead bridge to catch on fire.

“I just saw a big eruption,” said one onlooker. “I was in shock. I didn’t know what it was.”

Amazingly, nobody was killed in this horrendous tanker truck accident. All three drivers involved in the accident escaped with minor injuries.

“I can’t believe anyone walked out of that,” said another witness.

The bridge wasn’t so lucky. The fire burned for several hours and weakened the structure of the overpass before it collapsed. Both lanes of I-75 have been shut down while officials investigate the crash. The bridge that collapsed was only recently rebuilt. Now, it will probably be weeks or months to repair the overpass.

Here’s some raw video footage of the accident’s aftermath:




You have to be especially careful when you’re driving near tanker trucks. Approximately 70 percent of tanker trucks carry hazardous materials, according to the Federal Motor Carrier Safety Administration (FMCSA). FMCSA statistics show that hazardous material cargoes are 50 percent more likely to spill, and accidents often release toxic fumes.

Many tanker trucks carry flammable materials that can lead to explosions like the one in Michigan. Unfortunately, rollover accidents are common for tanker trucks. The momentum of the liquid cargo can shift easily, causing the truck to rollover. The majority of tanker truck accidents occur on rural highways, but when they occur in cities, the risk of injury is much higher.

A half-full tanker truck is the most likely type of truck to rollover, and rollovers account for approximately 55 percent of all fatalities caused by trucking accidents. According to the FMCSA, truck drivers are at fault in 55 percent of trucking accidents. In 2006, trucking accidents caused nearly 5,000 fatalities in the United States.

A 1992 analysis by the Los Angeles Times found that injuries due to hazardous materials incidents had increased 37 percent from 1982 to 1991. During this time period, 106 out of 108 deaths involved tanker trucks. Gasoline, sulfuric acid, and ammonia are the most dangerous liquids transported by tanker trucks.

If you have been injured in a tanker truck accident, call MLN Law at 404.531.9700. Our experienced truck accident attorneys will fight to get you the compensation that you for your recovery.

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  I-85 Construction Leads to More Tractor Trailer Accidents

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.

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Thursday, July 9, 2009

  10 Fatality Pile-up in Oklahoma Illustrates Tractor Trailer Dangers

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.

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Thursday, July 2, 2009

  Speed Limiting Device for Tractor Trailers?

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

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