Atlanta Truck Accident: I75 -Two wrecks, Five vehicles, Three injured on I-75N

Five cars, a tractor-trailer and a box truck were involved in the separate incidents that happened just after 1 p.m., Marietta Police spokeswoman Jennifer Murphy said.

As of 2 p.m., Murphy said the center lane was open and wreckers were on the scene.

It was unclear whether one wreck triggered the other, Murphy said.

Traffic was delayed as far south as Delk Road, according to the Georgia Department of Transportation.

Georgia: Dump Truck Statutes and Rules

Image by mikelehen via Flickr

Have you ever driven down a road and looked upon a dump truck that has sand, materials, or worse spilling out of it? There are law which require the covering of dump trucks or restrict the spillage of loads on the highways.

There are laws of varying degrees, broken down into four areas:

A - Laws which require covering
B - Laws which require covering in limited instances
C - Laws which restrict spillage and require the secure fastening of loads and covers
D - Laws which restrict spillage only

Effective enforcement is the key to increased highway safety through dump truck covering. A strict law is sometimes not enough. In Georgia strict enforcement of "C"-type laws has resulted in most dump trucks being covered.

Here's Georgia's law regarding dump trucks and covering:

Securing Loads on Vehicles: No vehicle shall be driven or moved on any public road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from dropping, escaping, or shifting in such a manner as to create a safety hazard; however, this code section shall not prohibit the necessary spreading of any substance in public road maintenance or construction operations.

No person shall operate, or load for operation, on any public road any vehicle with any load unless said load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached or in any manner becoming a hazard to other users of the public road.

Nothing in this code section nor any regulations based thereon, shall conflict with federal, or Georgia Public Service Commission, or Georgia Board of Public Safety regulations applying to the securing of loads on motor vehicles.

The provisions of subsection (b) of this Code section and regulations based thereon shall not apply to vehicles carrying silage from field to storage and storage to feedlot or vehicles or equipment carrying unginned cotton. 40-6-254 Transport of unsecured load; penaltyNo person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of such load onto the roadway in such a manner as to create a safety hazard.? Any person who operates a vehicle in violation of this Code section shall be guilty of a misdemeanor.

Georgia Trucking Lawyers and Georgia Truck Accidents: Q and A

Image via Wikipedia

Some concerns answered:

Do large trucks have high crash rates?

On average, drivers of large trucks travel many more miles than passenger vehicle drivers. In 2007, large trucks accounted for 4 percent of registered vehicles and 7 percent of miles traveled. Per unit of travel, large trucks are involved in more fatal crashes than passenger vehicles – 1.9 compared with 1.6 crashes per 100 million miles traveled in 2006.

The disparities between large trucks and passenger vehicles vary by specific vehicle type, with cars having the lowest fatal crash rate (1.3) and tractor-trailers having the highest rate (2.2). The higher fatal crash rate for large trucks occurs although much higher proportions of their miles are traveled on interstate highways, which are the safest roads. The higher fatal crash rate is attributable to the size disparity between large trucks and passenger vehicles. Large trucks have a much lower rate per mile traveled of nonfatal crashes resulting in injuries or property damage only compared with passenger cars and light trucks.




Source here

At our offices, we spend many hours investigating all aspects of a trucking company's responsibility to a person in a wreck. We investigate to find:

* That the company carries liability insurance coverage greater than what is required for passenger vehicles;

* That all federal requirements for driver training, licensing, background checking are met;

* That all Federal trucking regulations governing how long a driver can be on the road, intended to prevent accidents due to driver fatigue or inattention were met; and that there are ...

* Strict regulations regarding limits of alcohol use by drivers were followed, as well all measures intended to prevent drug use.

Talk to us first. 404-451-7781

Georgia Fatigued Trucking: Police say Trucker was Tired, Watching Porn When Crash Happened

Image by Chris Devers via Flickr

It can't get much worse in terms of distractions than this story:

The operator of a tractor-trailer had been on the road too long and was watching a pornographic movie on a laptop at the time he smashed into a disabled car on the Thruway last month, killing the driver, State Police said today.

Thomas M. Wallace, 45, of Brook Park, Ohio, was charged Tuesday with second-degree manslaughter following a lengthy probe into the Dec. 12 crash in Pembroke that killed Julie I. Stratton, 33, a Snyder mother of two young boys.

Read the rest here.

Truckers: Texting Ban Should Apply to Private Motorists

Image via Wikipedia

Trucking companies across the country have united in their criticism of this week's ruling to ban texting whilst driving in trucks – because it doesn’t go far enough. Overall support for the ruling was overwhelming with many of the nation’s haulage and drayage groups having already introduced a ban on their own staff using the technology whilst in motion. But what of private motorists?

Recent studies suggest that any activity which draws the driver’s eyes from the road will adversely affect their ability to control the vehicle.

Source here.

Georgia Truck Fatality in Morgan County

Image by moooster via Flickr

A fatal accident Monday shut down westbound traffic on Interstate 20 near Rutledge for nearly three hours.
According to Georgia State Patrol Senior Trooper Larry Seabolt, Larry Jones, 49, Fayetteville, Ga., died instantly when the 2008 Suzuki Forenza he was driving eastbound on Interstate 20 crossed through the median and struck the side of a tanker truck.

Seabolt said the accident occurred at approximately 9:30 a.m. east of the Rutledge/ Newborn exit. Westbound traffic was re-routed off Interstate 20 at the Rutledge/Newborn exit while emergency workers removed debris from the collision.
David Matthew White, 48, Decatur, was driving the 2009 Freightliner transfer truck that Jones’ Suzuki struck but was not injured in the accident.

http://www.morgancountycitizen.com/?q=node/12547

Federal motor vehicle safety standards; Lamps, reflective devices, and associated equipment; Final rule; Delay of effective date

Here's the link to new regulations to lamps and reflective devices:

http://www.jjkeller.com/referencematerials/112509lamp.pdf?ticket=8302994199013970859281995213&pageseq=10000

Georgia: Report on Truck Rollovers

The tanker truck that rolled over in Lincoln on Tuesday is owned by Trans-Spec Truck Service, a company well-known by Massachusetts officials who handle trucks and truck inspections.

Massachusetts State Police are "concerned" about this operation. State Police reportedly are now "evaluating what additional measures may be necessary to correct the company's problems."

Law enforcement sources told 7NEWS that inspectors have stopped Trans-Spec trucks in New England more than 90 times in the past 24 months, and 37 percent of the stops resulted in trucks placed out of service.

According to inspectors, one out of three Trans-Spec trucks were taken off the roadway for being "imminently dangerous."

Source.

Trucking News: VA wants to up speed limit to 70

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A Va Senate committee approved a bill to raise the speed limit to 70 mph on some highways Thursday, and rejected a proposal to keep the limit at 65 mph for tractor-trailer rigs.

Sen. Steve Newman, R-Lynchburg, sponsored the bill (SB537) to set the 70 mph limit for all vehicles on roads where engineers deemed it safe. Gov. Bob McDonnell promised during his campaign to raise speed limits to 70 mph.

But at the trucking industry’s request, Newman said, he offered to amend his measure and keep trucks at the current 65 mph. Many trucks now are equipped with governors that limit their speeds to 65, Newman said industry representatives told him.

The proposed amendment got zero support from Senate Transportation Committee members, including Newman himself.

Here is the link.

Image via Wikipedia

In its second listening session on US hours-of-service, the Federal Motor Carrier Safety Adminstration (FMCSA) heard from a strong contingent of US truckers and carriers who claim the current rules are working, but would benefit from added flexibility.


Among the presenters was America’s Road Team Captain Ralph Garcia, a professional driver with more than 2.5 million accident-free miles. He said he’s in favor of keeping the current rules, but would like to see the FMCSA change the sleeper berth provision.

Source here.

http://www.trucknews.com/issues/ISArticle.asp?aid=1000355438

Trucking: Check out closed Enforcement Cases by State

The Closed Enforcement Cases table displays the data such as: The carrier's USDOT number, the name of the carrier, shipper, or broker involved, the carrier's city and state, the FMCSR violation(s) resulting in an enforcement action, the total amount settled, and the FMCSA Case Number. The FMCSR Violation Section numbers are linked and will open a description of the regulation in a separate browser window. The Carrier’s USDOT number and/or the Carrier’s name is linked to the SAFER online database and will open an inquiry page with more information about the carrier, if it is available.

Here is the site: http://www.fmcsa.dot.gov/facts-research/enforcement-reports/enforcement.aspx?FY=2009

For Controlled Substances in GA:

1553654 S & L OF TWIGGS, LLC JEFFERSONVILLE US-GA 382.301(a)
395.8(i)
Carrier GA-2009-0267-GA0356 2000.00
782281 BELL & KIDS TRUCKING COMPANY INC LITHONIA US-GA 382.115(a) Carrier GA-2009-0263-GA0214 2000.00
934909 3T TRANSPORTATION LLC COVINGTON US-GA 382.115(a) Carrier GA-2009-0262-US1205 2000.00
921052 B & B MOVERS INC ATLANTA US-GA 382.305
382.305(b)(2)
391.51(b)(2)
Carrier GA-2009-0261-US0131 2850.00
800664 CR & J TRANSPORT INC RUTLEDGE US-GA 382.305(b)(2) Carrier GA-2009-0259-GA0214 2000.00
874032 RAYMOND HUGGINS ENTERPRISE INC DACULA US-GA 382.301(a) Carrier GA-2009-0258-US0027 1980.00
251384 BIG BEND AGRI SERVICES, INC. CAIRO US-GA 172.704(a)
382.305(b)(2)
HM Carrier/Shipper GA-2009-0253-US1096 7970.00
849907 DON DURR JR WAYCROSS US-GA 382.115(a) Carrier GA-2009-0249-US1205 2000.00
1801352 JIMMY LANIER LEE JASPER US-GA 382.305

Georgia: Large Truck and Bus Crash Facts

The complete Large Truck and Bus Crash Facts annual reports contain vehicle miles traveled (VMT) and vehicle registration data that are made available only in the late autumn or early winter.

For the 2008 report, the Federal Motor Carrier Safety Administration FMCSA) is publishing this online Early Release of the annual report, based solely on crash data from the National Highway Traffic Safety Administration and FMCSA. These data are enough to complete most of the tables in the published annual report; however, any tables that depend on VMT and vehicle registration data for the calculation of crash rates will be missing 2008 data for some of the rows and columns. In these early release tables, missing data are indicated by dashes.

Find it here.

Florida Truck Accident?

Trucks on Florida highways may not drive in convoys and may not come closer than 300 feet to another vehicle unless the trucks are passing. A truck more than 12 feet wide must be accompanied by another vehicle to "escort" it. These big trucks must also have a clearly visible banner that says "oversized load."

Trucks may not exceed 13 feet and 6 inches in height or 75 feet in length. The maximum legal weight limit for trucks is 40 tons. Trucks are allowed a certain degree of "overhang," but this amount cannot exceed 3 feet in front or 4 feet in the rear. Florida also imposes time restrictions on when a truck can drive, and truckers must also obey posted signage. For instance, during road construction, the state may post stricter regulations on truck height than standard.g

Georgia Trucking Lawyer: Trucking Regulations Impacted in 18 Wheeler Wrecks

In many of the cases we have investigated, one of more of several federal regulations come into play when determining if a truck driver failed to abide by the rule of the road.

The information below summarized the provisions that are more common in truck accident litigation.

49 C.F.R. § 382 - Controlled Substances and Alcohol Use and Testing

The purpose of this section is to establish programs within trucking companies designed to prevent accidents and injuries resulting from impairment because of the use of alcohol or drugs by commercial vehicle drivers. This provision applies to all drivers of commercial vehicles in the US and their employers, with some limited exceptions. Drivers who are required to have a commercial drivers license (CDL) under Section 383 must be tested if they drive a vehicle that weighs more than 26,000 pounds, has a gross vehicle range of over 26,000 pounds, is designed to carry 16 or more passengers (including the driver) or is used to carry hazardous materials.
49 C.F.R. § 383 - Commercial Driver's License Standards; Requirements and Penalties

By requiring drivers of certain vehicles to obtain a commercial drivers license (CDL), this provision aims to reduce or prevent truck accidents. With a few exceptions, drivers must have a CDL if they drive a vehicle of more than 26,000 pounds, transport themselves and 15 or more passengers or carry hazardous materials. Drivers must be knowledgeable about the various procedures that ensure safe operation of vehicles and be told about the negative effects of driving while fatigued, poor vision, alcohol or drug use and improper use of the truck's lights, horns, mirrors and other emergency equipment.
49 C.F.R. § 391 - Qualification of Drivers

If a driver operates a tractor trailer or other commercial vehicle that weighs over 10,000 pounds, carries 16 or more passengers or transports hazardous materials, he or she must comply with certain regulations. Truck drivers must be at least 21 years old, speak English, be physically able to safely operate a truck, have a valid CDL and must not have been disqualified for driving while under the influence of alcohol or drugs, committing a felony, leaving the scene of an accident, refusing to take an alcohol test or any other reason.
49 C.F.R. § 392 - Driving of Commercial Motor Vehicles

A truck driver, the trucking company and all other people responsible for the management, maintenance, operation or driving of any commercial motor vehicles or the hiring, supervision, training or dispatching of drivers must comply with federal regulations in order to operate a tractor trailer, tanker, straight truck or other commercial vehicle in interstate travel. Drivers must not drive while sick or tired and may not use illegal drugs. Drivers must obey traffic laws, load cargo safely, perform periodic inspections and drive cautiously in hazardous conditions. Drivers must be able to stop the vehicle before reaching railroad tracks, must stop when carrying hazardous materials or a trailer and must not shift while crossing railroad tracks.

49 C.F.R. § 393 - Parts and Accessories Necessary for Safe Operation

The purpose of this section is to make sure that no employee or employer of a commercial motor vehicle company drives a truck or allows one to be driven unless the truck complies with the requirements in this section. There are specific regulations dealing with lighting devices and reflectors, brakes, brake performance, tires, emergency equipment, protection against shifting or falling cargo, securement systems blocking and bracing, front-end structure, frames, doors, hood, seats, bumpers, wheels and steering wheel systems.

49 C.F.R. § 395 - Hours of Service of Drivers

This section has a number of restrictions related to the hours that a driver is permitted to drive. A driver is not allowed to drive more than 10 hours following 8 straight hours off duty or for any period after having been on duty 15 hours following 8 consecutive hours off duty. A motor carrier cannot require a driver to drive for any period after having been on duty 60 hours in any 7 consecutive days. Further, a driver cannot drive if he has been on duty 70 hours in any period of 8 consecutive days if the motor carrier operates trucks every day of the week. There are also regulations regarding time spent driving in hazardous weather conditions.

From the time a driver begins to work until the driver is relieved of all responsibility for work is known as "on duty" time. On-duty time includes:

* Time spent at a loading or unloading facility, or on any property waiting to be dispatched
* Time involved during the inspection process
* Driving time
* All non-driving time spent in a commercial vehicle (except for time spent resting in the sleeper)
* Time spent repairing the vehicle or obtaining help to repair it
* Miscellaneous time, for example, for travel time for taking a drug or alcohol test
* Time performing any work in the employment of a common or private motor carrier
* Time spent performing any compensated work for a non-motor carrier business

49 C.F.R. § 396 - Inspection, Repair and Maintenance

This section applies to drivers of commercial vehicles that carry more than 15 people, weigh over 10,000 pounds or transport hazardous materials. It also applies to all motor carriers, officers, agents, representatives and employees directly concerned with the inspection and maintenance of those vehicles. The motor carrier is responsible for ensuring that all parts are in proper working condition and must maintain and keep repair and inspection records. A driver is not permitted to operate a vehicle that is likely to break down or cause an accident. Drivers must inspect their trucks at the start of each day and report any defects.
49 C.F.R. § 397 - Transportation of Hazardous Materials

These provisions apply to drivers of commercial motor vehicles that transport hazardous materials. They also apply to motor carriers who are involved with transporting hazardous materials and employees of these carriers who perform supervisory duties related to the transportation of hazardous materials. With certain exceptions, the driver of a commercial motor vehicle that is carrying explosives cannot leave the vehicle unattended. There are also restrictions about where a driver carrying explosive materials can park. Smoking is not allowed within 25 feet of a truck containing explosives or flammable materials.

Georgia Trucking Lawyer and 18 Wheeler Accidents

During 2006 in the U.S., 4,995 people died in accidents involving large trucks. Another 106,000 people were injured in truck wrecks, according to the National Highway Traffic Safety Administration. Many of those accidents could have been prevented had the trucks and truckers involved been in compliance with federal trucking regulations.

In order to reduce truck-related crashes, the Federal Motor Carrier Safety Administration establishes and enforces federal trucking regulations involving:

* Testing for alcohol, drugs and controlled substances
* Commercial driver's license (CDL) requirements
* Insurance requirements
* Qualification of drivers
* Parts and accessories needed for safe operation
* Hours of service
* Inspection, repair and maintenance
* Transportation of hazardous materials

We keep all state and federal trucking regulations in mind as we review and investigate your case.

FMCSA Will Reconsider Hours of Service Rule for Truck Drivers

Image via Wikipedia

The Federal Motor Carrier Safety Administration says it will consider revising the current hours of service rule that lets large truck drivers operate their vehicles for 11 hours/day. Their decision to reconsider the rule is part of a settlement reached with Advocates for Highway and Auto Safety, Public Citizen, and the Truck Safety Coalition.

The groups had filed a lawsuit after the Bush Administration expanded the hours of service rule from 10-hours to 11-hours in December 2008. The revised rule let truckers operate their vehicles for 17 more hours even though there is ample evidence that driving longer hours can cause more traffic deaths and his bad for truck drivers’ health.

The FMCSA has nine months to start the rulemaking process. A new rule must be published within 21 months.

The American Trucking Association is disputing claims that there is anything wrong with the current hours of service rule.

Truckers: No more texting

The government Tuesday formally barred truckers and bus drivers from sending text messages while behind the wheel, putting the federal imprimatur on a prohibition embraced by many large trucking and transportation companies.

"We want the drivers of big rigs and buses and those who share the roads with them to be safe," said U.S. Transportation Secretary Ray LaHood. "This is an important safety step, and we will be taking more to eliminate the threat of distracted driving."

Although both houses of Congress are considering bills restricting texting and 19 states have banned the practice, LaHood said existing rules on truckers and bus drivers give him authority to issue the prohibition. LaHood said drivers of commercial vehicle caught texting could be fined up to $2,750.

source:http://www.washingtonpost.com/wp-dyn/content/article/2010/01/26/AR2010012602031.html

Sample Spoliation Letter

Here is part of my letter (for the rest, email me):

Over the years we have crafted/borrowed from/added to the spoliation letter my offices sends out in cases involving tractor trailers. Here you go:


Dear Mr. XXX:

As you may be aware, my law firm represents XXXXXXXX as a result of personal injuries resulting from an accident which occurred on XXX in XXXX. We specifically request that the following evidence be maintained and preserved and not be destroyed, modified, altered, repaired, or changed in any matter:

1. The tractor and trailer involved in this accident.

2. Bills of lading for any shipments transported.

3. Any oversized permits or other applicable permits or licenses covering the vehicle or load on the day of the accident.

4. The daily logs for the day of the accident and the eight day period preceding the accident.

5. The daily inspection reports for the day of the accident and the eight day period preceding the accident.

6. Daily inspection reports for the tractor and trailer involved in this accident for the day of the accident and the eight day period preceding this accident.





7. Maintenance, inspection, and repair records or work orders on the tractor and the trailer for the day of the accident and for the six month period preceding the accident.

8. Annual inspection report for the tractor and trailer covering the date of the accident.

9. The complete driver’s qualification file, including but not limited to:

a. application for employment
b. CDL license
c. driver’s certification of prior traffic violations
d. driver’s certification of prior accidents
e. driver’s employment history
f. inquiry into driver’s employment history
g. pre-employment MVR
h. annual MVR
i. annual review of driver history
j. certification of road test
k. medical examiner’s certificate
l. drug testing records
m. HAZMAT or other training documents

10. Photographs of the vehicles involved in this accident or the accident scene.

Welcome to the Georgia Trucking Blog

New, information, and tips for handling trucking cases.

Here's a list of Georgia Trucking Companies:

A C White Transfer and Storage - Atlanta - Savannah - Macon, Georgia
A1Express Delivery Service - Atlanta, Georgia
ABX Logistics (USA) Inc - Atlanta, Georgia
Allied Holdings - Decatur, Georgia
Amerifreight Trucking - College Park, Georgia
Apex South / Sunrise Express - Georgia 912-966-0643
A&R Transport - Atlanta, Georgia
Atlanta Moving Companies
Atlantic Car Carriers Inc - Marietta, Georgia
Banks Express - Decatur, Georgia
Bennett Motor Express Inc - McDonough Georgia
Benton Express - Atlanta, Georgia
B&G Transport - Cumming, Georgia
Blue Thunder Auto Transport - Duluth, Georgia
Bo-Mark Transport - Savannah, Georgia
Bowles Transportation LLC - Cumming, Georgia
Brooks Bashlor dba Jay's Transport - Savannah, GA 912-656-0571
Bussell Transport - Port Wentworth, Georgia 706-543-2273
C&A Transportation Inc - Macon, Georgia
Carlyle Trucking Company - Winder, Georgia
C&D Cartage Inc - Atlanta, Georgia
Coastal Transport Inc - Savannah, Georgia
CSI / Crown - Tunnel Hill, Georgia
CTL Trucklines - Chatsworth, Georgia
Daniel Express Inc - Rentz, Georgia
Davidson Transportation - Atlanta, Georgia
DCT Logistics - Duluth, Georgia
Dice Transport - Hiram, Georgia
DTM, Inc - College Park, Georgia 404-761-6333
Enclosed Vehicle Transport - Buford, GA Auto Transporter
The Espie Service Group - Kennesaw Georgia 770-429-1111
Padded Van Logistic Company
FSL Group - Stockbridge, Georgia
Gamble Transport - Thomson, Georgia
Harper Express LLC - Atlanta, Georgia
Howard Sheppard Inc - Sandersville, Georgia
Indigo Logistics LLC - Atlanta, Georgia
Intermodal Cartage - Atlanta, Georgia
International Cargo - Culloden, Georgia
JC Nester Co Inc - Lumber City, Georgia
J&M Trucking Group - Americus, Georgia
Jones + Ingram Logistics - Norcross, Georgia
Kennesaw Transportation - Atlanta, Georgia
Li-Way Transfer & Storage - Covington, Georgia
Morgan Southern Inc - Conley, Georgia
Nationwide Logistics - Atlanta, Georgia
Overdrive Logistics - Gainesville, Georgia
PEI Inc - Stockbridge, Georgia Tradeshow and Special Handling
Plainsman Environmental - East Cairo, Georgia
Premier Transportation - Forest Park, Georgia 800-927-6460
Complete Continental US
Robart Companies - Duluth, Georgia
Rollins Leasing - Atlanta, Georgia
SAIA Motor Freight - Duluth, Georgia 1-800-765-7242
Scott Logistics Corporation - Rome, Georgia
Shaw Transport - Dalton, Georgia
Smith Logistics Inc - Dalton, Georgia
Southern AG Carriers, Inc - Albany, Georgia
Sunrise Express Inc - Savannah, Georgia 912-335-2941
TP Transport Inc - Shiloh, Georgia Auto Transport
Trailer Power Service Inc - Woodbine, Georgia
Truck Rail Transport Inc - Atlanta, Georgia

TSK Enterprise - Fort Wentworth, Georgia
Turbo Dedicated Services - Gainesville, Georgia
TVT Enterprises / Circle W Express - Palmetto, Georgia
Tylers Trucking Inc - Decatur, Georgia
Vintage Transport - Atlanta, Georgia