Georgia Personal Injury Law Blog : Atlanta Georgia Injury Lawyer & Attorney : Jason R. Schultz Law Firm : Wrongful Death, Malpractice, Car Accidents : Georgia

Truck safety groups and accident lawyers around Georgia will welcome the launch of a new website that will allow trucking companies to screen drivers before they are hired.

Last fall, Transportation Sec. Ray LaHood announced that the Federal Motor Carrier Safety Administration would launch a website that would provide access to driver safety records. The website was launched this week. Employers can now access up to five years of a potential employee’s accident history, and up to three years of his inspection history. The program uses data from the Motor Carrier Management Information System. Employers who use the system will access the same information that’s available to police officers and FMCSA staff. The data is not yet available on the website, but should be online in the next couple of months.

The website marks a step forward in trucking safety. One of a trucking company’s responsibilities in preventing truck accidents is the hiring of competent, trained and experienced drivers with a good driving record. This website will make it easy for trucking companies to screen employees before making the decision to hire.

An easily accessible system like this has been necessary for quite a while now. As an Newnan truck accident attorney, I have been calling for the Federal Motor Carrier Safety Administration to get more involved and proactive in bolstering driver screening programs. The information on the website will be available not just to trucking companies, but also to the truck drivers themselves, who will be free to use the report as part of their job application. This makes the entire process of hiring truckers much more transparent.

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As an Atlanta truck accident lawyer, I am pleased to see federal agencies taking decisive steps to promote truck safety and prevent accidents. In the latest such measure, the US Department of Transportation has announced a ban on texting while driving for all commercial truck and bus drivers. The ban is effectively immediately.  Considering the DOT’s war on distracted driving, I wasn’t too surprised that the ban was enacted.

The ban comes soon after the Federal Motor Carrier Safety Administration announced that it would be revising the hours of service rules for truckers. New rules can be expected in the next few months, and these will hopefully set consecutive working hours back to 10.

As long as the federal government is on a roll with these commendable steps, I believe it should go the distance and implement a number of other measures that this Atlanta truck accident lawyer has been hoping for years. These include

• Mandating onboard recording devices on trucks that monitor the number of hours the trucker has driven, by tracking the number of times the vehicle is switched on and off
• Mandating seatbelts on all buses
• Mandating sleep apnea screenings for all commercial truck drivers. If the government wants to deal with trucker fatigue-related accidents, it would make sense to also deal with the other major factor in trucker fatigue.
• Putting aside all plans to increase the weight limit of tractor trailers on our highways. The trucking industry has been lobbying hard for bigger and heavier trucks that would allow companies to transport more cargo in a single trip. We don’t need heavier trucks on our highways. What we do need are stronger laws that prevent accidents involving our current-sized trucks.

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A speeding truck is being blamed for a fatal accident over the weekend on I-95 in McIntosh County, Georgia.

According to news reports, a family of five was on its way to Florida, when their minivan was rear ended by an 18 wheeler. The force pushed the minivan off the highway and into a swamp. A three-year-old boy, in his child safety seat, was killed when the seat could not protect him from the crushing impact of the collision. His parents and siblings were also injured in the accident. The driver of the tractor trailer will likely face criminal charges.

The accident occurred two days after Christmas, and as a parent and Atlanta truck accident lawyer, my heart goes out to the family of the little boy.  Investigations into the accident will likely look into the driver’s history and any safety violations.

• Did he have any other speeding violations on his record?  
• Had he been involved in any previous accidents?
• How long had he been driving without rest?  
• Were alcohol or drugs a factor in the crash?

To an Atlanta truck accident attorney, this accident is yet more proof that trucking companies have to be very sure of those whom they hire to get behind the wheel of such a dangerous instrumentality. This is a tragedy that need not have occurred had the truck driver followed a few simple rules.

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The Federal Motor Carrier Safety Administration (“FMCSA”) has agreed to rewrite hours of service regulations for truck drivers, bowing to pressure from safety groups and labor unions who insisted that the current rule increased the risk of accidents.

The current rule allows long haul truckers to drive for 11 consecutive hours at a stretch, extended from the previous ten.  That move had been opposed by victims’ families, truck safety groups and the Teamsters union, who challenged the rule, claiming that these extended hours increased the risk of accidents. The FMCSA has now agreed to rewrite the rules.  The agency has assured these groups that it will come up with new rules governing hours of service within the next 9 months.

The move to rewrite the rules comes even as a new chief takes office at the FMCSA.  Anne Ferro, a former Maryland trucking industry lobbyist has been confirmed as administrator of the Federal Motor Carrier Safety Administration. Ferro’s nomination for the post of FMCSA chief had not been without controversy, mostly because of her past as a lobbyist for the trucking industry.  For 6 years, Ferro served as president of the Maryland Motor Truck Association, a fact that aggravated her opponents, even though her lobbying was restricted to the state and didn’t extend to federal officials.

As an Atlanta trucking accident lawyer, I have been especially concerned about Ferro’s strong support for the 11-hour trucking rule, in light of the mounting evidence that it placed truckers and motorists at greater risk. It doesn’t take a “rocket scientist” to appreciate that truck drivers are under constant pressure to meet tight delivery schedules, and the fewer hours they are forced to drive, the safer we all will be.

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At least 13 marching band members from Morehouse College were injured over the weekend in a bus accident in Henry County.  The bus was carrying the students to a football game at Albany State University on Saturday morning, when it overturned into a ditch.

According to news reports, the charter bus was carrying 42 passengers when it apparently skidded off I-75 and flipped over. 13 band members were injured seriously enough to require treatment in a hospital, but their injuries are not reported to be life threatening.  The highway was apparently wet from recent rain, and the weather is being cited as a possible contributing factor in the accident.  Investigations will likely first try to determine what the speed of the bus was at the time.

Adverse weather can impact a bus driver’s ability to maintain control of the bus. Commercial bus drivers are bound by Federal Motor Carrier Safety Administration regulations which mandate that drivers drive with “extreme caution” in adverse weather conditions and adjust their speed accordingly.

The unfortunate crash also coincides with the National Transportation Safety Board’s recommendation to the Federal Motor Carrier Safety Administration that commercial bus drivers be screened for sleep apnea. It also comes at the end of a week in which the NTSB released its investigation report into the deadly bus accident in Sherman, Texas last year. The agencies report especially criticized federal and state agencies for ignoring several of its bus safety recommendations over the years, especially those relating to seat belts in buses.

Jason Schultz is an Atlanta personal injury lawyer representing victims in injury litigation.

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A series of accidents and near-misses involving nearly all modes of transportation and drivers suffering from sleep apnea, has spurred the National Transportation Safety Board into action. The agency has recommended that commercial truck and bus drivers be screened for sleep apnea. The NTSB has recommended to the Federal Motor Carrier Safety Administration (FMSCA) that medical examiners probe truck and bus drivers about sleep apnea, and make more efforts to identify the disorder in these drivers.

Earlier this year, the NTSB made similar recommendations to the Federal Aviation Administration (FAA) and local transit agencies around the country. Those recommendations called for screening of airline pilots and train operators for sleep apnea. The move comes after a series of accidents involving sleep apnea and commercial vehicles, including trucks, buses and even cruise ships.

Sleep apnea is a sleep disorder that is far more common than you think. Persons suffering from this condition experience interruptions in breathing during sleep. These interruptions can last for just a few seconds, and there may be multiple episodes in a night. The disturbed sleep leads tiredness or drowsiness the next day.

Sleep apnea is often hard to diagnose. There may be no other symptoms except for drowsiness and fatigue, and doctors may misdiagnose this as chronic fatigue syndrome, if diagnosed at all. Anyone can suffer sleep apnea, but occurs more frequently in those who are “overweight”.

It’s important to stress here that commercial truck drivers may actually be at a higher risk of sleep apnea simply due to their lifestyle. A trucker may work long hours, eat an unhealthy diet, and enjoy little exercise, all contributing to obesity and placing him at a higher risk for sleep apnea. Without screening, drivers may not receive treatment for the condition, placing them and the motoring public at risk for a serious truck accident.

Jason Schultz is an Atlanta trucking accident attorney, helping injured victims of tractor trailer and semi truck accidents recover compensation for their injuries.

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The American Trucking Association has announced its support for a bill that would minimize accidents by banning texting by all drivers, including passenger vehicle drivers and commercial truck drivers.

The bill, the Avoiding Life-Endangering and Reckless Texting by Drivers Act or ALERT Drivers Act, has been introduced by Senator Charles E. Schumer (D-NY).  The bill bans the use of handheld cell phones and other personal electronic devices that can be used for making calls or texting. States that don’t enforce the ban within 2 years will have up to 25 percent of their annual federal highway funding cut.

In August, a study by the Virginia Tech Transportation Institute monitored truck drivers' behavior by installing video cameras in cabs. The researchers found that truckers who indulged in activities that took their eyes off the road and hands off the wheel, like texting, increased their risk of an accident by 23 times. Those are staggering statistics, and call for strong measures. Even if you don’t agree with the 23-times risk increase, you have to agree that any kind of distraction behind the wheel of an 80,000 pound truck is extremely dangerous.

The ATA also adopted three other policy statements, one of which involved support of the use of onboard safety systems, including lane departure warning systems, brake monitoring systems and collision avoidance systems. However, the ATA is insisting on stronger incentives to encourage trucking companies to adopt such accident-prevention technologies. It also adopted a policy statement regarding educating new motorists on sharing the road with commercial motor vehicles. The policy statement says that passenger vehicle drivers must be educated on proper distances for following trucks, blind spots and other issues that can cause accidents.

Jason Schultz is an Atlanta truck accident attorney, representing injured victims of truck and tractor trailer accidents across the state of Georgia.

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Three members of a single family were killed last week in a truck accident in Walker County, Georgia. According to news reports, a tree trimming truck traveling on Highway 136, struck and car and a pickup truck. The truck driver Charles Keen, seems to have crossed the centerline, and collided with the two vehicles. One passenger in the car was injured, while all the three occupants of the pickup truck were killed. The dead included a minor female. Keen was employed by a tree service company in Walker County.

Last year, 180 people were killed in truck accidents in Georgia. Any time a large truck is involved in an accident with smaller passenger cars or light trucks, the consequences for the occupants of the smaller vehicles can be deadly. Victims in smaller vehicles may also suffer severe injuries, including multiple body trauma injuries, and catastrophic injuries like spinal cord fractures and brain injuries. That's why drivers of large trucks need to be especially careful and vigilant while on the roads.

Driving errors like allowing the vehicle to drift out of its travel lane and crossing the center line are often the result of distracted driving. A driver who is distracted because he is snacking, reaching for an object or any other activity that requires him to take his eyes off the road, is at a higher risk for an accident. Cell phone use can also cause a driver to lose focus and make driving errors. Mistakes can also occur when a truck driver is fatigued or tired. Whatever the cause, the consequences of a trucker’s error is highly likely to result in death for those sharing the roads.

Jason Schultz is an experienced Georgia truck accident lawyer and represents victims of serious injury and wrongful death arsing from truck, tractor trailer and 18 wheeler accidents across Georgia.

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A truck driver working for Con-Way Freight Company in Georgia has clocked an admirable milestone – Ken Truman of Gray in Jones County, Georgia has completed two million miles of driving a tractor trailer without being involved in a single truck accident. Truman is only the 88^th driver in the company's 25-year-old history to have completed the milestone, and company officials are justifiably proud of their employee. 

Truman has been driving a tractor trailer for Conway since 1988. Since he joined as a driver, there has been a staggering increase in the number of vehicles that he has to share the road with, and that makes his accomplishment even more impressive. It takes extra care and fine-tuned attention to road and traffic conditions to be able to complete two million miles without a single accident to your name, but Truman proves that although it is challenging, it's far from impossible.

Truman has been candid about the reasons for his remarkable achievement and they are what Atlanta truck accident lawyers and trucking safety advocates have known all along. He never starts a journey without a complete pre-trip check of the truck, including the steering wheel, brakes, and lights. He makes sure that he checks the weather forecast for the route he is headed on before he begins to drive. Adverse weather can make it harder to control a tractor trailer, especially in slippery or foggy road conditions.

It also helped Truman that he knows the power of a good night's sleep for a truck driver. Overworked, overstressed truck drivers who have been "working" the log books – a common enough practice in the trucking industry where a driver manipulates his log books to be able to work longer hours and earn more money– are more at risk for an accident. Driving slowly and steadily without indulging in any undesirable driving behaviors, like sudden lane changes and tailgating have helped this driver pass a crucial safety milestone.

As Truman illustrates, it is not impossible to avoid an accident while driving a tractor trailer on a daily basis.  Driving a big rig comes with a whole host of challenges, including the careless and sometimes reckless driving of "four wheelers".  We applaud him for his great accomplishment and hope other truck drivers will follow his example.

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A tractor trailer accident on southbound I-85 on February 24^th resulted in an overturned vehicle and injuries to the driver. Edward James Clements Jr. was approaching the Moreland exit ramp when the vehicle apparently hit some barrels.  The impact caused the weight of 41,000 pound of cotton and yarn in the trailer to shift, and the vehicle soon skidded and overturned. Clement suffered non life threatening injuries.

Nobody was injured in this single vehicle accident. According to the preliminary investigation, the driver seemed to be having some trouble with his tires and was attempting to pull over to get a tire fixed. The driver was cited for driving with defective tires, as well as with failure to maintain his lane.

It was fortunate that this accident did not involve other vehicles or injure any other motorists. A massive tractor trailer going out of control can easily create a destructive situation for other vehicles on the road. When a tractor trailer overturns on a busy highway, other vehicles close by are forced to try and avoid the big rig. Multi vehicle accidents result when something like this happens during rush hour. A tire blow out is, by itself, enough to cause serious injuries to surrounding motorists. The force with which shreds of blown rubber fly into the air at high speeds poses a risk to nearby motorists. That's all the more reason why a tractor trailer driver must take care to conduct a complete examination of his vehicle before starting a trip.

In the above case, the truck driver could have easily avoided this incident if he had simply checked his tires during his required pre-trip inspection. Instead, he decided to drive a large truck with balding tires that were close to a blowout, placing not just himself but other drivers at risk for serious injuries. The trucking company that owned and operated the tractor trailer was also negligent in its failure to make sure that its vehicles were fit to be operated on busy streets.

Victims injured in an accident with a tractor trailer can file claims against the driver and trucking company involved, if evidence shows that there was failure to inspect and maintain the truck. If you have been injured in a truck accident, contact an Atlanta truck accident lawyer at my law firm for a free consultation.

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I read with great interest an article written by Kyle Jernigan, an account executive for Hiring Truck Drivers entitled Truck Drivers: Not The Dangerous Ones On The Road.

While I agree with much of what Mr. Jernigan has written and believe, as he does, that most truck drivers and trucking companies are safe, unfortuanately there are still too many truck drivers, trucking companies and shippers that have too little regard for the federal motor carrier safety regulations, including hours of service violations, and treat them as a nuisance.

Many truck drivers blame shippers, not trucking companies, for the pressure some drivers are under to deliver no matter what unforeseen delays, including traffic jams or weather, slow them down.  Those delays cause drivers to push the rules.  On the other hand, you have "supertruckers" who will drive well in excess of the rules on a consistent basis and trucking companies, especially smaller ones, look the other way in order to make money.

Federal regulations permit a truck driver to drive a maximum of 11 hours after 10 consecutive hours off duty. They can drive a maximum of 60 hours in a seven-day period or 70 hours during an eight-day period. Before starting a shift that will run for seven or eight days straight, they must take off 34 or more consecutive hours, according to the Federal Motor Carrier Safety Administration.

Daphne Izer, founder and co-chair of Parents Against Tired Truckers, said the federal rules still don't address the continued problem with driver fatigue.  "Drivers are paid by the mile. Not much is going to change until that changes," Izer said.  Delays can prompt truckers to falsify logbooks so they can make up time and mileage.  "Oftentimes, loads have to be delivered at any cost and that cost is human lives," she said. "Granted, the truck driver is responsible when he is behind the wheel. But if he doesn't do what he's told, in many cases he will lose his job."  Izer started the group in 1994, seven months after her son and three other teenagers were killed when a truck driver fell asleep at the wheel and crashed into them. The teens had pulled over onto the shoulder of the Maine Turnpike. Another teen was seriously injured.  Izer also called for onboard electronic recorders to replace the logbooks many drivers are required to fill out themselves.

While truck drivers are certainly not “the dangerous villains of the highway,“ my professional experience has revealed that in almost all of the serious injury and wrongful death trucking cases that I have handled, driver fatigue has played a role.  Oftentimes, discovery reveals a tale far different from the one told on the truck driver's log book alone.

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