Atlanta, Georgia Personal Injury Lawyer
Transportation Secretary Ray LaHood announced the new law on Tuesday and said that it takes effect immediately. This follows the December 2009 ban on texting for all federal employees driving on thejob.
"We want the drivers of big rigs and buses and those who share the roads with them to be safe," said LaHood. "This is an important safety step, and we will be taking more to eliminate the threat of distracted driving."
The new ban on texting carries fines up to $2,750.
According to the National Safety Council, approximately 200,000 U.S. wrecks are caused each year by drivers who are texting.
Recent research on distracted driving has shown that drivers who take their eyes off the road to send and receive text messages are much more likely to crash.
The Federal Motor Carrier Safety Administration (FMCSA) reports that drivers have their eyes of the road for about 4.6 seconds out of every 6 seconds. Research suggests that texting drivers are about 20 times more likely to be involved in an auto accident.
Legislation has been introduced that would ban texting for all drivers. States that fail to enact texting bans within two years would lose a percentage of their federal highway funding.
The current ban on texting for truckers and bus drivers is certainly welcomed, but in some respects, it's too little, too late. Texting while driving is a common phenomenon that is putting us all at danger.
A ban on texting for all drivers might also reduce the number of intoxicated drivers on the road. Back in December, the Seattle Times reported that drivers are using text messages, twitter, facebook, and other electronic messaging systems to warn each other about DUI checkpoints and road blocks. In fact, there's an iPhone application that's specifically designed to identify checkpoints! (I have a bad feeling that I may soon see someone using an iPad while driving around Atlanta.)
Unfortunately, distracted driving will likely be a major problem and continue to cause auto accidents, injuries, and fatalities for years to come.
You can reduce your chances of being in a wreck by turning off your cell phone when your driving. Remember the good old days before cell phones when drivers kept their eyes on the road (most of the time)? In my mind, keeping your eyes on the road is the most important safety precaution for driving. if you need to use your cell phone, pull over, take a break, and take care of your business.
Have you been injured by a distracted driver? If so, contact an experienced Atlanta, Georgia auto accident lawyer immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: driving and technology, driving and texting, text messaging, tractor trailer, truck safety, trucking
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.
Labels: semi, speeding, truck accident, truck safety, truck wreck, trucking
“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.
Labels: driver fatigue, truck accident, truck safety, truck wreck, trucking
Public Citizen, a nonprofit consumer advocacy organization, announced earlier today that the Obama administration has agreed to toss out controversial proposal supported by the Bush administration. Public Citizen, Advocates for Highway and Auto Safety, the Truck Safety Coalition, and the Teamsters Union were against the Bush era proposal. These groups had sued to block the longer work hours for truckers because of the detrimental effects on highway safety.
"We are pleased that the government has decided to take seriously its responsibility to protect truck drivers and the public from unsafe driving conditions instead of bending to the interests of the trucking industry," said attorney Greg Beck, who handled the case for Public Citizen.
The above groups asked the Court of Appeals to throw out the Hours of Service rule in March 2009 for the third time. In 2004 and 2007, courts vacated the rule, stating that longer work hours affected highway safety. However, the Bush administration reissued the rules despite the court’s decisions. These controversial rules allowed drivers to work behind the wheel for 11 consecutive hours instead of 10. Further, off-duty rest time was cut from 50 hours to 34 hours. The Hours of Service rule allowed truck drivers to spend 17 more hours a week driving.
”There is a reason that the truck driving profession is often referred to as ‘sweatshops on wheels,’” said Joan Claybrook, formerly of Public Citizen.
Jackie Gillan, vice president of Advocates for Highway and Auto Safety, said, “Every day, truck drivers fall asleep in their cabs, and all too frequently the results are catastrophic. Unfortunately, these incidents and crashes don’t garner the same government attention and action as airline pilot fatigue."
Daphne Izer helped to found Parents Against Tired Truckers (PATT) after her son and friends were killed in a wreck caused by a fatigued truck driver. Izer commented, “The good news is that there will be a new hours-of-service rule that hopefully will protect truck drivers and families like mine. The bad news is that the Obama administration nominee to lead the federal agency responsible for issuing this new rule is a trucking industry lobbyist. This nomination puts the trucking industry in the driver’s seat and will detour any meaningful and overdue reforms.”
Izer speaks of Anne Ferro, a former Maryland Motor Truck Association CEO who Obama tapped to head the Federal Motor Carrier Safety Administration.
According to PATT, more than 5,200 people were killed and another 114,000 were injured in tractor trailer truck wrecks. Truck wreck fatalities increased during the Bush administration when the controversial hours of service rule was in effect.
Reuters reports that the Federal Motor Carrier Safety Administration (FMCSA) has agreed to redraft new Hours of Service (HOS) regulations within nine months.
If you or a loved one has been injured in a tractor trailer truck wreck, you need an experienced Georgia truck wreck attorney who understands the federal regulations that apply to big rigs. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: truck safety, trucking
The researchers examined nearly 70,000 heavy truck and bus drivers and over 83,000 car drivers. They found that mandatory alcohol testing programs for bus and truck drivers reduce the risk of alcohol involvement in fatal crashes by 23 percent. This is the first study to evaluate the Omnibus Transportation Employee Testing Act of 1991, which made alcohol testing mandatory for transportation employees. The study was published in the American Journal of Epidemiology and supported by the National Institute on Alcohol and Alcoholism, National Institutes of Health.
There are approximately 4,000 fatal accidents involving large trucks and buses in the United States each year. Almost 80 percent of the fatal crashes occur between a motor carrier (bus or truck) and a passenger vehicle.
Past research shows that about 3 percent of motor carrier drivers in fatal crashes are under the influence of alcohol, while about 27 percent of passenger vehicle drivers in fatal crashes are driving under the influence. The rate of DUI for motor carrier drivers is already relatively low, but mandatory alcohol testing reduces the risk of fatal accidents even further.
"The mandatory alcohol testing programs for transportation employees with safety-sensitive functions are a major policy intervention," said Guohua Li, senior author and professor of Epidemiology at the Mailman School of Public Health and professor of Anesthesiological Sciences at Columbia College of Physicians and Surgeons. "However, this policy remains a controversial one, because of legal and ethical concerns and little empirical data about its safety benefit. Our study provides compelling evidence that implementation of the mandatory alcohol testing programs has significantly reduced alcohol involvement in fatal motor carrier crashes."
The researchers also found that mandatory alcohol testing produces the same results regardless of sex or age. Further, mandatory alcohol testing decreases alcohol-related fatal crashes during daytime and nighttime to a similar degree.
Safety issues have hindered free cross-border trade by motor carriers. In the United States, mandatory drug and alcohol testing is required for motor carrier drivers; however, Canada and Mexico do not require testing.
Lead author Joanne Brady of the Mailman School of Public Health said, "Results from this new study suggest that implementation of the mandatory alcohol testing programs in the U.S. has substantially reduced alcohol-impaired driving by motor carrier drivers and that Canada and Mexico may improve their safety records by adopting this policy."
If you’ve been injured in a bus wreck or truck wreck, you need an experienced Georgia truck wreck lawyer who understands the federal motor carrier safety regulations that apply to large trucks and buses. If you have any questions about your legal rights, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: truck safety, trucking
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.
Labels: avoid wrecks, avoiding car accidents, truck accident, truck wreck, trucking
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.
Labels: truck safety, truck wreck, trucking
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.
Labels: truck accident, truck safety, truck wreck, trucking
Road Safe America argues that professional truck drivers should be trained more like airline pilots, and they should receive similar amounts of rest time and pay. Many truck drivers are on the road for days at a time, and they are paid by the mile, which encourages unsafe driving. Furthermore, according to the Owner Operator Independent Drivers Association (OOIDA), truck drivers spend an average of 44 hours per week in their cab not getting paid, while they’re sitting and waiting for loading and unloading.
They only get paid for time when the wheels are moving. Most drivers take home $38,000 to $50,000 a year, and they are away from home many nights out of the month.
Professional truck drivers log 77 driving hours a week, 330 driving hours a month, and 4,000 driving hours a year, compared to professional airline pilots who log 30 flying hours a week, 100 flying hours a month, and 1,000 flying hours a year. Airline pilot hours are tracked digitally, whereas truck drivers keep paper logbooks.
In the last 3 years, there have been less than 100 airline accident deaths. There have been 15,000 trucking accident deaths and between 300,000 and 400,000 injuries.
The federal government has an annual regulatory budget of $14.6 billion for airlines. The regulatory budget for trucking companies is $500 million.
There are 590,000 commercial airline pilots compared to 10 million commercial truck drivers.
Airline pilots must have a physical every 6 months. Truck driver physicals are required every 2 years.
Airline pilots are not allowed to take narcotic drugs. The trucking industry makes an exception for narcotic drug use among drivers.
Airline pilots have an age limit of 65. There is no age limit for truck drivers.
The driver’s of large tractor trailer trucks should have at least as much responsibility for public safety as airline pilots. As Road Safe America points out, people voluntarily buy tickets to board commercial aircraft, but everybody shares public roadways.
Approximately 5,000 Americans are killed in large truck accidents each year. That’s the equivalent of 2 airliner crashes each month.
Tractor trailer trucks that weigh up to 80,000 pounds are lethal weapons when an unfit driver is behind the wheel. An average-size car would need to travel at 300+ miles per hour to achieve the same force as a loaded tractor trailer truck traveling at 60 miles per hour.
Large trucks are involved in 11 to 13 percent of all traffic accident fatalities, yet the make up only 3 percent of the vehicles on the road.
Be extra careful when approaching large trucks on the highway. Large trucks have large blind spots, and the drivers may not be able to see you. Always keep a safe distance between your vehicle and large trucks.
If you’ve been injured in a truck accident, call MLN Law at 404-531-9700 to schedule your free consultation with an experienced attorney.
I’ll close out this post with a video from Steve Owings, co-founder of Road Safe America, about the truck accident that killed his son, Cullum Owings, of Atlanta:
Labels: truck accident, truck safety, trucking
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.
Labels: truck accident, truck wreck, trucking
The GAO study found that at least 20 out of 200 commercial bus that had been ordered out of service in 2007 or 2008 evaded compliance by setting up "reincarnated" companies under new names. Some violators were in Georgia, as well as Arizona, Arkansas, California, Maryland, North Carolina, New York, and Washington.
Alarmingly, 1,073 trucking companies are believed to be possible reincarnations of companies that were ordered to be shut down because of federal violations. Many of these companies are still using the same address, owner name, employees, and contact numbers. At least 500 of these reincarnated companies were still operating as of last month.
"These companies pose a safety threat to the motoring public," said Greg Kutz of GAO. "We believe that these carriers reincarnated into new companies to evade fines and avoid performing the necessary corrective actions."
Kutz thinks that the number of violators is likely more than 500 because the study only identified companies that were still using the same information.
The Federal Motor Carrier Safety Administration (FMCSA) adopted new oversight measures of last year’s accident in which an unlicensed charter bus blew a tire and skidded off the highway in Texas, killing 17 people. The tire was retreated, and the use of recapped tires on steering axles is a violation of federal regulations. Now, newly licensed companies must pass a safety audit within 18 months of approval. This safety audit has helped authorities identify many of the reincarnated companies.
Rep. James Oberstar (D-Minn) heads up the House Transportation and Infrastructure Committee that wants a federal standard which would give the FMCSA more power to revoke licenses and impose fines. At this point, the law is somewhat ambiguous when it comes to federal power versus state power. This measure would also allow the FMCSA to improve its computer systems.
The GAO study cites specific examples of reincarnated companies (without revealing the companies’ names). For instance, in May 2007, an Arkansas motor carrier company was cited for nine safety violations including failing to obtain proper licenses and maintain driver qualification files. The company was fined $3,050. The next month, a new company opened with two of the same drivers, three of the same vehicles, the same last name for the company owner, and virtually identical addresses. This new reincarnated company operated for 18 months before it was ordered out of service for drug testing violations in 2008.
Hopefully this company is actually out of service now and not simply operating under a new name. But, based on the GAO study, the exact same unsafe trucks could very well still be on our roadways. Many large trucking companies are all-too-familiar with legal loopholes and ways of skirting around the law. And many trucking companies knowingly go against federal safety regulations on a daily basis.
If you’ve been injured in a trucking accident, you need an experienced attorney who understands the intricacies of FMCSA regulations. If you have any questions, call 404-531-9700 to schedule your free consultation with an expert truck accident attorney at MLN Law.
Labels: tractor trailer, truck accident, truck safety, truck wreck, trucking
“Safety is our highest priority,” said Secretary of Transportation Ray LaHood. “Motorists deserve to know they are sharing the road with large trucks that are up to the safest possible standards, so they can get home alive to their families.”
The new regulation will be phased in over four years beginning with 2012 models. It requires that a tractor trailer truck traveling at 60 miles per hour must be able to come to a complete stop in 250 feet. The old standard was 355 feet. The difference of 105 feet will save many lives.
The official summary of the new braking standard states:
The purpose of these amendments is to reduce the number of fatalities and injuries associated with crashes involving tractor-trailer combinations and other vehicles. In addition, we anticipate that this rule will prevent a substantial amount of property damage through averting or lessening the severity of crashes involving these vehicles. Once all subject heavy truck tractors on the road are equipped with enhanced braking systems, we estimate that annually, approximately 227 lives will be saved and 300 serious injuries will be prevented. In addition, this final rule is expected to prevent over $169 million in property damage annually, an amount which alone is expected to exceed the total cost of the rule.
There are a number of simple and effective manufacturing solutions that vehicle manufacturers can use to meet the requirements of this final rule. These solutions include installation of enhanced drum brakes, air disc brakes, or hybrid disc/drum systems. We note that currently a number of vehicles in the commercial fleet already utilize these improved braking systems and already realize performance that would meet the requirements of the amended standard.
The new braking rule only applies to truck tractors – not single-unit trucks, trailers, or buses. The rule will apply to virtually all trucks in commercial fleets, and I think it will prevent many tragedies. According to NHTSA statistics, 4,299 people were killed in wrecks involving large trucks in 2008. In 2009, 4,822 fatalities occurred in accidents involving large trucks.
If you’re injured in a tractor trailer truck wreck, you need an experienced attorney who is familiar with current Federal Motor Carrier Safety Rules and Regulations and who has the time, interest, and resources to take on a complicated truck accident case. You need someone who will fight to make sure you receive full compensation. If you’re the victim of a truck crash, you should hire an attorney as soon as possible to preserve important evidence. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: tractor trailer, truck accident, truck safety, truck wreck, trucking
The study was carried out with a $300,000 grant from the Federal Motor Carrier Safety Administration. Researchers placed video cameras in commercial trucks to study driver behavior. The study analyzed over 3 million miles of trucking data from 203 truckers on the road between 2004 to 2007. The study was the largest of its kind in the world.
The video footage shows that texting is an extremely high-risk behavior because it causes truckers to take their eyes off the road. The video analysis showed just how dangerous texting while driving really is.
"In 4.6 out of the six seconds [before the crash or near miss], they weren't looking at the road. They were looking at the device," said Rich Hanowski, director of the institute's Center for Truck and Bus Safety. "Anything over two seconds is dangerous."
The study uncovered 4,452 “safety-critical events” from the 203 truckers, including 21 wrecks, 197 near crashes, and 4,200 other events such as unintentional lane changes.
In 2007, over 37,000 people were killed in traffic accidents, and 11 percent of those deaths involved large trucks.
Texting while driving has been implicated in a number of large truck wrecks. In April, the driver of a tractor trailer truck admitted that he had been texting before crashing into a school bus in a wreck that killed a student. In another incident, a Boston trolley driver was texting when he crashed into another trolley. As a result, the Massachusetts Bay Transit Authority now prohibit train and bus drivers from using personal electronic devices while working.
The study also found that:
* Drivers of light vehicles and cars who are dialing a cell phone are 2.8 times more likely to crash.
* Truckers dialing a cell phone are 5.9 times more likely to crash.
* Truckers reaching for a cell phone are 6.7 times more likely to crash.
Drivers who take their eyes off the road are more likely to crash! And when they’re driving a commercial truck, any crash has a high likelihood of causing a fatality.
Based on the study, researchers make the following recommendation: Texting should be banned in moving vehicles for all drivers. As shown in the table, this cell phone task has the potential to create a true crash epidemic if texting‐type tasks continue to grow in popularity and the generation of frequent text message senders reach driving age in large numbers.
"The take-away issue here is this is a driver behavior issue," Hanowski said. "It's not isolated to truck drivers."
Next time you get a text message when you’re behind the wheel, just wait until you get where you’re going before you answer. If it’s really that important, pull off the road to reply.
If you’ve been injured by a texting truck driver or distracted driver, call MLN Law to schedule your free consultation. Call 404-531-9700 today.
Labels: cell phone, driving and texting, truck safety, trucking
Owing’s son Cullum was killed in 2002 when a 70,000-pound truck that was traveling 7 miles per hour over the posted speed limit crashed into his car, which was stopped in traffic. Cullum’s brother Pierce, who was also in the car, explains that, in the rear-view mirrors, they watched the truck that was approaching too fast to stop.
“Cullum tried to pull onto the median to save us,” said Pierce.
But he could not avoid the heavy, speeding tractor trailer truck. The truck slammed the car into a stone embankment. Cullum died before emergency workers could pull him from the car. His brother Pierce survived.
“Sometimes when I glance into my rear-view mirror it takes me to another place, where I imagine what Cullum's life and ours might have been like if he had lived — a loving daughter-in-law? — the blessing of grandchildren who look like him? — a family, whole and complete, sharing everyday moments,” writes Ownings. “My wife Susan and I have suffered every parent's greatest horror. For the rest of my life, I'll be looking in my rear-view mirror.”
Road Safe America wants to see all heavy truck speeds limited by on-board computers known as speed governors. The simple computers limit the top speed of the truck. This would allow truckers to stop faster in emergency situations. Many trucking companies already use speed governors, and the companies say that they save money on fuel, longer-lasting equipment, and lower liability costs. However, many truck drivers and trucking companies still consider speed to be a competitive advantage.
RoadSafeAmerica.org presents a petition, which anyone can sign, that calls for a top speed of 65 miles per hours for trucks that weight more than 13 tons, required use of electronic on-board speed recorders, better working conditions for truckers, and safer methods of compensation for truck drivers.
The American Trucking Associations (ATA) supports the petition. However, the Owner Operator Independent Drivers Association argues that speed governors may cause more collisions by limiting the power needed for last-minute maneuvers.
Road Safe America points out that the European Union, Japan, Australia, and the most populous Canadian provinces already require speed governors on heavy commercial vehicles. In Japan, the top speed is 55 miles per hour; it is 65 in Canada. Heavy tractor trailer trucks need 3 times the distance for braking compared to smaller cars, and reasonable top speed would give them a better chance of stopping before a collision. Speed governors also conserve fuel use.
What do you think? Should heavy commercial vehicles be required to have speed governors and on-board electronic monitors? Would this save lives?
Labels: tractor trailer, truck safety, trucking
Bigger, heavier trucks take longer to stop and roll over easier. Research shows that a 100,000 pound truck travels 25 percent farther than an 80,000 pound truck after the driver hits the brakes. Heavier trucks would lead to more fatal accidents on our highways.
Large trucks already account for a disproportionate share of deaths. Large trucks account for approximately 2.4 deaths per 100 million vehicle miles traveled; that’s 50 percent greater than the rate for standard traffic. In 2006, 4,995 people died and 106,000 were injured in truck accidents.
Congressman McGovern said, “Heavier, unsafe trucks pose significant dangers to our driving public and to our roads and bridges. Our deteriorating infrastructure can ill afford the crushing damage that heavier trucks inflict, and motorists should not be subjected to such enormous risks. This is sensible, bipartisan legislation. I look forward to working with Senator Lautenberg to ensure that common-sense weight and size limits for trucks on our highways are maintained.”
U.S. Senator Frank R. Lautenberg (D-NJ) also supports the bill. Senator Lautenberg said, “Adding heavier trucks to our roads is simply a recipe for disaster. Our bill would protect our infrastructure and improve safety by helping keep dangerously large and heavy tractor-trailer trucks off our roads.”
Jane Mathis of the Truck Safety Coalition, whose son and daughter-in-law were killed in a tractor trailer crash, said, “Everyday, I live with the fact that a big truck crashed into my child’s car and killed him and his new wife. David and Mary Kathryn had just embarked upon a new life together and it was taken from them. We don't need bigger trucks, we need safer trucks. If large trucking companies and their lobbyists have their way, American families will be the ones to pay.”
Bigger, heavier trucks would also weaken highway infrastructure. The Department of Transportation reports that a third of the nation’s bridges are already structurally deficient. One tractor trailer truck can cause as much pavement damage as 13,900 mini-vans. Large trucks also use more fuel and create more pollution.
“According to the EPA, transportation is the largest and fastest growing source of greenhouse gas emissions,” said Rob McCulloch, Transportation Advocate for Environment America. “Truck freight represents the fastest growing mode of transportation pollution, producing more than 220 million tons of carbon dioxide each year. Capping truck weight limits through the Safe Highways and Infrastructure Preservation Act will be a crucial step in limiting this source of global warming pollution.”
Despite the risks of heavier trucks, some members of the trucking industry are pushing for laws that will allow heavier trucks. For example, Representative Michael Michaud is currently trying to amend the Surface Transportation Act of 2009 to allow for increases in truck size and weight.
If you oppose an increase in truck size and weight, let your legislators know. Tractor trailer trucks are already dangerous enough with current weight limits.
If you’ve been injured in a tractor trailer accident, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: truck accident, truck wreck, trucking
America’s Road Team is made up of a group of truck drivers with stellar reputations and driving records who are dedicated to road safety. According to their site, the America’s Road Team program is “is a national public outreach program led by a small group of professional truck drivers who share superior driving skills, remarkable safety records and a strong desire to spread the word about safety on the highway.”
And America’s Road Team accomplishes that lofty goal in a common sense style apropos to the salt of the earth image of truck drivers we often seen depicted in television and film – they get hands on.
At an event at Skyview High School in Billings, Montana last month, members of America’s Road Team brought their convoy to show new teen drivers what to do to avoid a mix up with a tractor trailer truck. One of the best ways to learn is by doing, and teens were invited to climb up into the cab of a big rig and see the world as a truck driver sees it. They were probably quite surprised at the number of blind spots truck drivers have to contend with.
"It's important to show where not to be as a driver for a big truck because that car is actually in what they call a "no zone" which is a blind zone," said Ken Gray, trucker with Hanser's Automotive and Wrecker, when pointing out the blind spots to a student. "We can't see that car and if we turned right right now we'd actually drive over that car."
As the America’s Road Team members told the students, the three blind spots on a tractor trailer are on its sides and directly behind it. The biggest is on the right-hand side.
"So pass on the left side and do it as quickly as possible," said Wayne Staley, a Billings driver's education student attending the event.
For more on the good work that America’s Road Team is performing, visit their website and that of their parent organization, the American Trucking Association (ATA). Safe Summer Driving Tips from America’s Top Truck Drivers is a must read for anyone who shares the road with trucks or drives frequently.
We here at the MLN Law blog are grateful that America’s Road Team for serving as role models to truckers and educators to the public. Drive safely out there.
Labels: truck accident, truck safety, truck wreck, trucking
The accident happened yesterday during the evening rush hour. Police said that a car spun out of control, causing a tanker truck carrying 13,000 thousand gallons of fuel to flip and collide with another tractor trailer truck before bursting into flames. The explosion caused the overhead bridge to catch on fire.
“I just saw a big eruption,” said one onlooker. “I was in shock. I didn’t know what it was.”
Amazingly, nobody was killed in this horrendous tanker truck accident. All three drivers involved in the accident escaped with minor injuries.
“I can’t believe anyone walked out of that,” said another witness.
The bridge wasn’t so lucky. The fire burned for several hours and weakened the structure of the overpass before it collapsed. Both lanes of I-75 have been shut down while officials investigate the crash. The bridge that collapsed was only recently rebuilt. Now, it will probably be weeks or months to repair the overpass.
Here’s some raw video footage of the accident’s aftermath:
You have to be especially careful when you’re driving near tanker trucks. Approximately 70 percent of tanker trucks carry hazardous materials, according to the Federal Motor Carrier Safety Administration (FMCSA). FMCSA statistics show that hazardous material cargoes are 50 percent more likely to spill, and accidents often release toxic fumes.
Many tanker trucks carry flammable materials that can lead to explosions like the one in Michigan. Unfortunately, rollover accidents are common for tanker trucks. The momentum of the liquid cargo can shift easily, causing the truck to rollover. The majority of tanker truck accidents occur on rural highways, but when they occur in cities, the risk of injury is much higher.
A half-full tanker truck is the most likely type of truck to rollover, and rollovers account for approximately 55 percent of all fatalities caused by trucking accidents. According to the FMCSA, truck drivers are at fault in 55 percent of trucking accidents. In 2006, trucking accidents caused nearly 5,000 fatalities in the United States.
A 1992 analysis by the Los Angeles Times found that injuries due to hazardous materials incidents had increased 37 percent from 1982 to 1991. During this time period, 106 out of 108 deaths involved tanker trucks. Gasoline, sulfuric acid, and ammonia are the most dangerous liquids transported by tanker trucks.
If you have been injured in a tanker truck accident, call MLN Law at 404.531.9700. Our experienced truck accident attorneys will fight to get you the compensation that you for your recovery.
Labels: tanker truck wreck, truck accident, truck safety, truck wreck, trucking
On March 31, both sides of I-85 were shut down in Coweta County after a tanker truck collided with a tractor trailer truck and caught on fire, reports the Athens Banner-Herald.
Apparently, the tires of the tractor trailer slid of the edge of the pavement in the construction zone. The driver overcorrected and collided with the tanker. As a result, the tanker collided with a construction barrier that was in place to protect workers. The tanker trucks fuel tank caught on fire and exploded, and both drivers suffered serious injuries.
Luckily, there were no fatalities in the wreck, and no other vehicles were involved. The accident could have been much worse. A Coweta County high school not far from the scene of the accident was evacuated as a precaution. No students were injured.
Less than a month later, a tractor trailer truck overturned on I-85 southbound at the same location on a Monday morning. The truck, which was hauling double trailers, wrecked just north of Exit 56 (Collinsworth Road), reports the Newnan Times-Herald.
Both wrecks (plus several others) occurred in a two-lane section of the interstate where a road widening continues. In this particular location, there is no concrete barrier on the right-hand side of the road. The dirt shoulder drops off several inches.
The construction work is expected to continue throughout 2009, and I-85 south of Atlanta will remain a danger zone. Use other routes if possible, especially during inclement weather. Rain increases the rate of accidents in this dangerous construction zone.
The speed limit is lower in the construction zone, but many motorists continue to drive at speeds upwards of 70 miles per hour. There are not enough law enforcement officials in the area to effectively enforce the speed limit, and officers have a hard time monitoring and pulling over people in the construction zone.
“Where are [the officers] suppose to sit to run radar? And where are they suppose to pull you over? There is no where to go!” comments one concerned reader at times-herald.com. “The DOT needs to just really get it in gear and finish this job. It has gone on way too long . . . I have gotten to where I just avoid the interstate for about the past year and will continue to do so until the construction is complete. It is just too unsafe.
Another reader, who is a truck driver, referred to the construction zone as the “Death Road” in his comment: “I'm a truck driver that unfortunately must use that same stretch of road at least twice a week. I follow the posted speed +/- 3 mph and am petrified of this area due to 6 inches (if that) available on each side with 4-wheelers weaving in and out of traffic like it's Atlanta Motor Speedway. In the last 6 months, I've only seen 2-3 police patrolling. Trucks unlike cars take almost the whole lane. A slight drift of trailer and disaster can happen. Every state I've traveled in construction zones actually allows for room on each side accept Georgia . . . GET THE DEATH ROAD DONE DOT!”
If you must travel on I-85 south of Atlanta, obey the construction zone speed limits, and keep a safe distance between your vehicle and tractor trailers.
If you've been injured in a tractor trailer accident, call MLN Law at 404.531.9700 to schedule your free consultation.
Labels: construction, road construction, tractor trailer, truck accident, truck safety, truck wreck, trucking
Said Owings of the speed limiting devices, “We are not against truckers. We are pro highway safety.”
While, according to Owings, the Bush administration was not receptive to his pleas for speed limiting devices on big trucks, the Obama administration seems more open to the idea. Ownings hopes that Congress will mandate speed limiting devices for big trucks in a soon to be drafted highway bill.
While independent trucking companies, private owner-operators and those with conservative views on government regulation have declared themselves opponents of the measure, Ownings has found himself with an unexpected source of support – the American Trucking Association (ATA).
According to the ATA, the speed limiting devices would not only preserve human life in case of a crash, they would also help preserve fuel.
"When the industry itself is asking for this requirement, it's hard to see Congress finding fault with it," ATA Senior Vice President Tim Lynch said.
But opponents of the measure, such as driver Julia Scott, say that turnabout should be fair play, and that if the government wants to put speed limiting devices on big trucks “they need to put speed limiting devices in the cars."
The Owner-Operator Independent Drivers Association agrees with Scott, declaring that mandatory speed limiting devices are likely to lead to more collisions because truck drivers will no longer have access to excess horsepower when executing emergency maneuvers. They also theorized that trucks being unable to pass one another would lead to increased traffic gridlock.
According to the latest data, speed is a factor in 9% of all fatal truck accidents. While speed is a factor in a larger percentage of small auto accidents than big truck accidents, it is wise to consider that 75% of all fatalities in truck accidents occur among drivers of other involved vehicles and 8% occur among bystanders. A truck’s size can cause exponential damage when barreling out of control.
The Owner-Operator Independent Drivers Association, though, questioned whether speed limiting devices would help in even the 9% of fatality accidents. To back up their point, they cited statistics saying that tractor trailer truck accidents occur more often when drivers are driving too fast for conditions, not when they are exceeding the speed limit in general.
Are you in favor of speed limiting devices on big trucks? Contact your congressman and show your support for such a measure in the upcoming highway bill.
If you’ve been injured in a tractor trailer accident, or if you’ve lost a loved one due to a negligent truck driver or trucking company, call MLN Law at (404) 531-9700 to schedule your free consultation. Call now. The longer you wait, the weaker your case becomes.
For more blog posts like this:
Tractor Trailer Blind Spot Locations – No Zones
Injury Caused by Failure to Properly Load Tractor Trailer
Top 10 Causes of Truck Accidents
Labels: tractor trailer, truck accident, truck wreck, trucking
In general, larger vehicles have larger blind spots. Tractor trailer blind spots can contain entire vehicles. That’s why many trucks have warning stickers that read “If you can’t see my mirrors, I can’t see you.” A tractor trailer truck driver also sits high off the road, which limits vision further. Fisheye mirrors can bring blind spots into view, but they also distort distances.
The blind spots for large trucks are sometimes referred to as “no zone” areas - and, as another driver, you want to stay out of these areas. Tractor trailers have blind spots in the rear of the truck, the front of the truck, and the side of the truck. If a car is in one of the no zones, the drive usually cannot see it at all. Many tractor trailer accidents are caused by truck drivers changing lanes and collided with a car in a no zone. When you’re driving on the highway, try to minimize your time driving beside tractor trailers; it’s better to pass quickly or stay behind them. Limit your time in the no zones to just a few seconds for passing. Always keep a safe distance between your vehicle and large trucks. Don’t follow too closely, and don’t let a tractor trailer follow you too closely. Be a defensive driver.
Before you pass a tractor trailer, make sure that the truck’s turn signal is not on. Also wait and couple of seconds and make sure that the truck is not slowly drifting into your lane. Don’t assume that the truck driver can see you.
When you pass a tractor trailer on the highway, make sure that you get far ahead of the truck before getting back in the right-hand lane. Cars that quickly cut in front of large trucks often cause truck drivers to instinctively slam on the brakes, which could endanger all surrounding vehicles. This kind of thoughtless behavior causes accidents. If the trailer’s load is not properly secured, for instance, hitting the breaks can cause a shift in weight and topple the entire trailer.
Next time you find yourself cruising down the highway beside a large truck, remember that tractor trailers command deadly force. Stay out of the no zones, and you’ll greatly reduce your changes of being in a tractor trailer accident.
Also be on the lookout for tractor trailers making right turns. The “right turn squeeze” is another common cause of tractor trailer accidents. When large trucks make sharp right turns, they must swing the truck to the left to negotiate the turn. If your car is to the left of the truck, there’s a good chance that the truck will cross over into your lane while make the turn. This can confuse other motorists, and sometimes large trucks wind up squeezing cars out of their lanes and into other vehicles or walls. Watch for turn signals, and try to anticipate the truck driver’s move. Never try to squeeze past a truck when it’s making a turn. Just be patient and stay behind the truck. Otherwise, you’ll end up in a no zone, and that’s a dangerous place to be.
Finally, avoid getting sandwiched between two large trucks - with one in front of you and one behind you. Many times, neither truck driver will be able to see your car. If the truck driver in front of you hits the brakes, or if you hit the brakes . . . well, you can image what happens.
In 86 percent of tractor trailer fatalities, the people killed are not occupants of the truck. In most cases, they’re other motorists. Defensive driving will reduce your changes of being in a tractor trailer wreck, but it won’t always prevent an accident.
If you’ve been injured in a tractor trailer accident, or if you’ve lost a loved one due to a negligent truck driver or trucking company, call MLN Law at (404) 531-9700 to schedule your free consultation. Call now; the longer you wait, the weaker your case becomes.
Labels: auto accident, avoiding car accidents, tractor trailer, truck accident, truck wreck, trucking
Georgia sees a great deal of tractor trailer traffic and thus many large truck accidents. Following are Georgia tractor trailer accident statistics:
Georgia Fatal Truck Accidents per year: 200+
Georgia Non-Fatal Truck Accidents per year: 5,200+
Georgia Truck Accident Locations: 57% rural, 33% urban
Georgia’s Largest Trucking Companies:
- B-H Transfer Co.
- Colonial Cartage Corporation
- Energy Dispatch, LLC
- Hills Transport, Inc.
- Howard Sheppard, Inc.
- Kennesaw Transportation, Inc.
- Nationwide Southeast, Inc.
- Southern AG Carriers, Inc.
- Southern Freight, Inc.
- Transus Intermodal, LLC
50% of the tractor trailer accidents in Georgia involve out-of-state carrier companies.
In the United States as a whole, there are around 500,000 annual trucking accidents, and approximately 5,000 of them result in fatalities.
68% of fatal accidents occur in rural areas; 66% occur during the daytime; and 78% occur on weekdays.
27% of all tractor trailer drivers in accidents had at least one previous speeding conviction.
From 1992 to 2002, the number of tractor trailers involved in fatal wrecks increased by 10%. Each year, about 700 tractor trailer truck drivers an passengers in the truck cab die, compared to about 4,000 passengers of other vehicles involved in collisions with big rigs.
1 out of 3 trucks fail roadside inspections.
Speeding was a factor in 22% of fatal crashes involving a large truck.
Driver fatigue causes 30% to 40% of truck accidents.
19% of truck drivers admit that they’ve fallen asleep at the wheel in the previous month.
64% of truck drivers admit to falsifying hours in their service logs.
There are 3.5 million truck drivers operating 1.9 million tractor trailers.
There are over 360,000 trucking companies in the U.S.
Tractor trailer drivers must abide by many federal and state regulations. The federal regulations may be found in the Federal Motor Carrier Safety Regulations (49 C.F.R. §§ 350-399), which govern all interstate traffic. The Federal Motor Carrier Safety Regulations are extensive and often confusing.
If you’ve been injured in a tractor trailer wreck, or if you’ve lost a loved one, you must find an experienced attorney who is familiar with the Federal Motor Carrier Safety Regulations. Your attorney should also have the time, interest, and resources necessary to take on your case.
MLN Law provides caring, aggressive representation for victims of large truck accidents. We’ll explore all options to get you the compensation you deserve.
You should hire an attorney immediately so that he can begin to secure evidence. The trucking companies will have “go teams” at the scene of the accident within hours. Often times, evidence can disappear or become lost if your attorney does not act quickly.
To schedule your free consultation, call MLN Law at (404) 531-9700. The longer you wait, the weaker your case becomes. Call now, and let us go to work for you. We’ll stand up to the insurance companies and trucking companies to make sure you get fair compensation.
Labels: truck accident, truck wreck, trucking
The traffic cam video above shows a tractor trailer truck tip over on the highway in Grand Rapids, Michigan. The high speed of the truck shifted its payload to one side of the trailer, causing the truck to topple. In this case, luckily, no one was injured; however, injuries caused by failure to properly load tractor trailers are all too common.
The video clip below shows that, even at slow speeds, an improperly loaded tractor trailer can easily rollover. In this video, the truck is traveling at 35mph and mimicking a ramp turn. Because it is improperly loaded, the truck topples in the turn.
A tractor trailer load must be properly loaded, balanced, and secured in order to prevent roll-overs and accidents. If the cargo is not properly loaded and secured, a shift of the load can cause even the heaviest trucks to roll over. Overload tractor trailers are in serious danger of flipping.
The Federal Motor Carrier Safety Regulations specify the maximum load of a truck, as well as how it must be secured so that the truck’s maneuverability and stability is not put at risk. A trucking company and its drivers should not operate a tractor trailer unless the truck’s load is properly distributed and secured according to federal specifications, and a trucking company's failure to comply with federal cargo requirements may constitute negligence and serve as the legal basis of a personal injury case against the company.
Driver behavior is the number one cause of tractor trailer accidents - and when poor driving is combined with an improperly secured load or overloaded trailer, then an accident resulting in serious injury is highly likely. Injuries caused by failure to properly load tractor trailer truckers may include disfigurement, lost limbs, traumatic brain injury, paralysis, and death.
If you or a loved one have been injured in a tractor trailer roll-over or semi truck accident, you need an experienced attorney who is familiar with the Federal Motor Carrier Safety Regulations. MLN Law has the experience you need, and we provide caring, aggressive representation to those who have been injured. Call (404) 531-9700 to schedule your free consultation.
Labels: Georgia personal injury lawyer, negligence, tractor trailer, truck accident, truck wreck, trucking
• In the United States, another person is killed or injured in a tractor trailer accident every 16 minutes.
• One to two percent of tractor trailer accidents result in a fatality.
• Perhaps, counter-intuitively, the majority of fatal truck accidents occur in rural areas (68 percent), during the daytime (66 percent), and on weekdays (78 percent).
• From 1992 to 2002, the number of semi trucks involved in fatal crashes increased by ten percent. Because of the way the trucking industry works, drivers are often continued to work while tired or operating defective equipment.
• Despite economic woes, the trucking industry continues to grow.Common mechanical defects that cause tractor trailer wrecks include bad tires or wheels, breaks, engines, or steering wheels.
• Approximately 27 percent of all tractor trailer truck drivers involved in fatal accidents had at least one prior speeding conviction.
• In one survey, 1 out of 5 truckers admitted to falling asleep at the wheel in the previous month.
• According to the Insurance Institute for Highway Safety, in accidents involving semi trucks and passenger vehicles, people in the passenger vehicles account for 98% of the fatalities.
• In Georgia, tractor trailers account for only 3% of the vehicles on the road, yet they account for 1 out of 8 auto accident fatalities.
If you or a loved one has been injured or killed in a tractor trailer accident, you should contact a lawyer immediately. Your attorney must act quickly to preserve and collect evidence. The sooner you hire an attorney, the better your case will be. In some cases, trucking companies will destroy important evidence if your lawyer cannot get to it first.
Large trucking companies have departments dedicated to denying claims and minimizing payouts. You’ll need an experienced attorney who’s not afraid to stand up to the big trucking companies and insurance companies.
As large trucking companies continue to grow, their loss minimization departments will grow stronger - and if current trends continue, they will continue to encourage truckers to drive while fatigued. Some studies suggest that fatigue plays a role in as many as half of all tractor trailer accidents.
Beginning in September 2007, the Department of Transportation adopted a rule stating that truck drivers can only drive for 10 consecutive hours, after which a lengthy restart period is required. Record keeping, however, is shoddy at best, and enforcement of this rule is lax. In surveys, the majority of drivers admit to falsifying their records. Some trucking companies will inevitably sidestep the law, making roadways more dangerous for us all.
Whether the accident was caused by a drowsy driver, driving too fast, mechanical defects, poor maintenance, or a poorly secured load, if the trucker or trucking company was at fault, MLN Law will fight to get you the compensation you deserve. Call (404) 531-9700 to schedule your free consultation.
Labels: auto accident, Georgia personal injury lawyer, tractor trailer, truck wreck, trucking
David Perry Williams, age 39, died following the accident on State Route 57. He was driving a 1995 Chevrolet 1500 pickup truck.
Williams was driving behind a tractor trailer owned by Howard Sheppard Trucking and driven by Chad Howell, 43, who suffered neck injuries.
Georgia State Patrol Trooper Mark Bracewell said “the Sheppard track driver was slowing to make a left-hand turn” when Williams’ Chevrolet crashed into the rear of the trailer.
“Apparently Mr. Williams fell asleep and ran into the rear of the chalk truck,” said Bracewell.
Williams worked third-shift and had just gotten off work to go home. Bracewell believes that Williams must have fallen asleep because there were no skid marks or indiciations that Williams had tried to stop his truck before the collision.
Williams was pronounced dead at the Medical Center of Central Georgia in Macon. Bracewell said that Williams was not wearing a seat belt, but he’s not sure if a seat belt would have protected him because of the tremendous impact between the two trucks.
Because tractor trailer trucks are so massive, weighing up to 80,000 pounds, accidents often cause massive injury or death. Tractor trailers comprise just 3% of vehicles on the road yet are involved in 21% of the fatal accidents.
In this case, it was the other driver who fell asleep, but all too often, tractor trailer drivers are forced to work on little sleep. According to the National Transportation Safety Board (NTSB), driver fatigue causes 30 to 40 percent of track accidents. And, alarmingly, 19 percent of truck drivers reported falling asleep at the wheel in the previous month (NTSB 1992).
Sleep-deprived drivers suffer from impaired judgment and coordination as well as delayed response times, similar to drivers under the influence of alcohol. Several studies show that sleep deprivation affects drivers as much or even more than alcohol.
Getting seven to eight hours of sleep per night will keep you awake and alert when it counts. If you find yourself getting sleep behind the wheel, pull over and get some coffee or take a short nap.
If you’re injured in an accident due to someone’s sleep deprivation, call 911 immediately. Don’t discuss the wreck until police arrive, and don’t admit any fault. While you’re at the scene, take photos and get names and phone numbers of any witnesses. See a doctor as soon as possible, and call a personal injury lawyer as soon as possible. Your attorney will need to act quickly to collect evidence.
Be careful when you’re speaking with insurance adjustors. They may record your telephone conversations and try to get you to admit partial fault. Once you hire an attorney, you don’t have to talk to insurance adjustors. You can refer all questions to your lawyer.
When you’re injured in a car wreck or truck wreck, MLN Law will get you the monetary compensation you deserve. Call (404) 531-9700 to schedule your free consultation.
Labels: auto accident, avoiding car accidents, car accidents, tractor trailer, traffic wreck, trucking
But that doesn’t always happen. As a case in point, several weeks ago, on February 24, 2009, defective tires caused a tractor trailer crash on I-85 near Newnan. Headed southbound, the truck driver took Exit 41 (Moreland) at approximately 4:30 p.m.
Georgia State Trooper George Cotton said that the truck driver, Edward James Clements, Jr., of Bay St. Louis, MS, came off the exit “a little too hot.”
Clements was hauling 41,000 pounds of cotton and yarn. When his truck hit some barrels on the side of the ramp, the weight of the trailer load shifted, and the tractor trailer overturned. The truck skidded 318 feet upright and 133 feet on its side before coming to a stop off the road.
Luckily, the truck did not hit any other vehicles, and nobody suffered serious injuries. (Even a trailer carrying cotton can easily be deadly!)
After firefighters cut a hole in the roof of the tractor trailer truck to remove Clements, he was sent to Piedmont Hospital with back pain.
"The driver made a quick turn because he was having some tire issues," State Trooper Cotton told The Newnan Times-Herald. "He was pulling off to try and get the tire repaired."
Clements was cited for failure to maintain his lane, and he was warned about having defective tires, as the tire tread was close to violation level. Defective tires can still cause accidents, even if they’re not beyond violation level.
Emergency crews had to close Exit 41, and it took them more than 3 hours to get the vehicle upright. The sheer mass of tractor trailer trucks makes them lethal weapons on the roadways. Tractor trailers make up just 3% of vehicles on the road, yet they’re involved in 21% of the fatal accidents.
To make matters worse, truck drivers are under immense pressure to drive faster and longer. Such work conditions often cause drivers to skip important safety measures like tire checks - and sleep.
If you’re ever injured in a tractor trailer accident, get names and phone numbers of witnesses, don’t admit any fault, and take photos if possible. Photograph the entire scene, including skid marks, road conditions, traffic signs, etc. Also photograph any injuries.
If you’re injured, see a doctor and call a lawyer as soon as possible. Your attorney will need to act fast to preserve evidence. Be sure to hire a lawyer who is very familiar with the Federal Motor Carrier Safety Rules and Regulations and who has the time, interest, and resources to handle a truck case. Litigation can take several years, and expenses can cost tens of thousands of dollars.
MLN Law offers the expertise and resources you need to win your case. If you’ve been injured in a tractor trailer accident, call (404) 531-9700 now to schedule your free consultation.
Labels: tractor trailer, trucking
The truck’s driver, Valerijs Belovs, told the Pennsylvania State Patrol that he had been travelling about 45 miles per hour due to the stop and go traffic. When traffic slowed, Belovs reported, he pushed the brake and nothing happened.
Now Belovs, and two accomplices, Victor Kalinitchii, the co-owner of the tractor trailer, and Joseph Jadczak, a garage owner, are all facing charges of homicide by vehicle, involuntary manslaughter, recklessly endangering another person, and related offenses.
Jadczak is accused of a deeply troubling crime – issuing a fraudulent inspection sticker for the truck, even though Belovs had been cited four times for faulty brakes by numerous states in which he had been pulled over for motor carrier compliance checks. Adding to his lack of credibility, he had also been cited numerous times for falsifying his log book.
According to the mechanic who carried out the post-crash inspection, the brakes on the truck were defective. Said the mechanic, "Had a true, proper, and complete safety inspection been conducted the brake deficiencies would have been discovered and the vehicle would have been either repaired or failed the safety inspection and not been permitted to operate on the highway." In fact, three of the truck’s 10 brake assemblies had failed completely and the others were all in dangerous shape.
In effect, due to fraud and negligence, an 18-wheeler without proper stopping power had been travelling the freeways of at least six states.
What is worse, when authorities arrived at Jadczak’s garage to question him, they witnessed the mechanic allegedly giving another truck driver a fraudulent inspection sticker despite not actually performing the inspection. Authorities are now requiring over 300 trucks inspected at Jadczak’s garage to obtain new inspections.
Over 5,000 people are killed every year in the United States in trucking accidents. Many of these are through negligence, fatigue or other driver error. Someone like Joseph Jadczak, who takes it upon himself to issues false safety inspection stickers, can greatly contribute to that number.
If you or someone you know has been injured in a tractor trailer accident in Georgia, you may have legal recourse. It is important to find out if the truck’s inspection was up to date and carried out in a legal way. Call MLN Law at (404) 531-9700 for more information about your rights after an accident with a tractor trailer.
Labels: tractor trailer, truck wreck, trucking
The foreman reflects: “I feel miserable at my own performance. I failed myself and my fellow jurors by not being able to mediate some sort of agreement. I failed [the judge], who had charged us with reaching a conclusion. I failed the defendant and the plaintiff for the same reasons. And I failed the citizens of the county in that this will now become more of a cost burden on our society at a time when austerity is more needed than ever. My failure means there will likely be another frivolous suit tried, more costs for the court, and higher premiums on our auto insurance.”
Michael Neff's position:
There is a reason why our court system is requires a unanimous agreement by all jurors - so that one person with strong opinions can't force a conclusion that is contrary to the evidence. The article stated that at least 3 people on the jury didn't agree with the foreperson that the case was "frivolous."
The foreperson wrote that he was concerned about people's auto insurance. He didn't mention that he had previously given money to the Trucking Industry's Political Action Committee. That doesn't mean he is a bad person. But perhaps he walked into court with some personal opinions and beliefs that made him more likely to see the case from the standpoint of big business. Georgia law forbids the mention of auto insurance in a personal injury trial. So he most likely walked into court with information and beliefs that were pro business.
I hope he was honest when he answered the voir dire questions at the beginning of the trial. The whole reason for jury selection is to identify people whose strong beliefs and experiences may indicate that they should not serve on a particular jury
Labels: atlanta, auto accident, auto insurance, car wreck, Cobb County, Georgia personal injury, jury, Marietta, trial, trucking, voir dire
Archives
February 2007 April 2008 May 2008 June 2008 July 2008 August 2008 September 2008 January 2009 March 2009 April 2009 May 2009 June 2009 July 2009 August 2009 September 2009 October 2009 November 2009 December 2009 January 2010 February 2010 March 2010
Subscribe to Posts [Atom]

