Medical issue may have caused driver to crash truck into home

The people inside a home say received a rude awakening Wednesday night.

What they heard was a truck crashing into their house, shattering siding and drywall on the home.
The people who live in the home, Jarret Petrie and his girlfriend, said the driver got out of the truck, seemed out of sorts and told them he'd fallen asleep at the wheel. However, police say the driver may have had a medical issue, blacked out and missed a curve in the road -- going straight into Petrie's bedroom.

The vehicle the driver was in control of was a big, red Ford Ranger. Much of its hood was inside the wall and the large front tire was even knocked off. From inside the house, the damage is clear -- insulation was all over the place and furniture was smashed.
Petrie and his girlfriend were sitting on the couch inside when they heard an explosion.

"It pushed me and my girlfriend five feet forward in the room and felt like it was gonna come right through," he said. "I saw lights right behind me."

Source: http://milwaukie.katu.com/news/home-garden/medical-issue-may-have-caused-driver-crash-truck-milwaukie-home/441998

Should there be E-Logbooks for Truckers?

Image via WikipediaFrom: http://www.24-7pressrelease.com/press-release/electronic-logbooks-for-truckers-are-good-but-mandate-brings-problems-179720.php

For years, truckers have tried to make light of their efforts to stay awake while hauling those heavy loads on such tight schedules.

Dave Dudley's 1963 hit, "Six Days On The Road," is one example. The song mentions truck drivers using amphetamines to stay awake ("I'm taking little white pills and my eyes are open wide") and falsifying load limits and log books ("I'm a little overweight and my log book's way behind").

Truck drivers are human and there's no need to demonize them. But ultimately, the fatigue drivers suffer can cause terrible truck accidents with serious and often deadly injuries.

Hours-of-Service Requirements

Because of the importance of keeping truckers well-rested and alert, U.S. law dictates certain "hours-of-service" requirements that prevent commercial truck drivers from being on the road after a certain number of hours. The laws also specify that the driver must have 10 hours of off-duty time before driving again.

Since the 1930s, truckers have been required to account for their time on the road in paper logbooks. In the 1990s, electronic logbooks were introduced, which carry numerous safety advantages.

A bill recently introduced in the Senate would require all truckers to convert to these paperless logs (known as EOBRs, or Electronic On-Board Recorders). This would seem to be a very good thing, at first glance. But the bill also includes dangerous language that could make the nation's highways much less safe.

How Truckers Use Logs

So how is it that electronic logs aid in safety, but the new bill requiring them raises serious safety concerns? To answer this, it's important to understand how logging currently works.

Truckers using paper logs record the time they spend on-duty, driving, sleeping, and off-duty in a logbook, and then send in copies of the log to their trucking company. The company uses the information to pay them based on miles traveled. Because drivers are paid by the mile, it's an open secret that drivers often "fudge" the numbers a little to reflect maximum distance traveled in the shortest time possible. This allows them to claim they had the full 10 hours of rest required by law, when in fact they may have been on duty much longer, and delayed by traffic, equipment problems, or bad weather.

In the late 1990s, one of America's largest trucking companies, Werner Enterprises, developed a paperless log system that works with GPS technology to precisely locate exactly where the truck is at all times. This ensured that all Werner drivers weren't falsifying their records, and allowed their dispatchers to better plan their driver's next assignments, based on their location and availability. Werner worked with the U.S. Department of Transportation (DOT) on the project and became the first company certified to move to a paperless log system.

Today many of the larger trucking companies use EOBR systems. Government research shows these paperless logs are much safer. Companies who have been found in violation of the hours-of-service rules ten percent of the time have a crash rate that is 40 percent higher than the general trucking population. Because of this, the DOT requires companies who have been found in violation more than 10 percent of the time to switch to electronic logs, which are much more difficult for the driver to falsify.

Mandating Electronic Records

Clearly, then, there are well-documented advantages to having only well-rested truckers get behind the wheel. In October, legislation was introduced in the Senate to require all motor carriers to install EOBRs. The bill, called the "Commercial Driver Compliance Improvement Act," would take effect in about three years.

The problem with the legislation, co-sponsored by Tennessee's Lamar Alexander, is that it specifically does not allow the log book information to be used by any party other than the trucking company. Today, when accidents happen on America's highways, the driver's logs are often critical windows into the driver's condition at the time of the accident. Often drivers at fault in a crash have been shown to have falsified their log books. The falsification often comes out after a thorough post-crash examination of their various gas and meal receipts, cell phone records, and other information.

Read more at the link above. t

Trucking News in Congress

Image via WikipediaThe Wall Street Journal  has reported a push in congress is coming from 150 companies who want to make trucks 20% heavier. This would make the average truck go from 80,000 pds to 96,000 pounds. The longer heavier trucks would increase the blind areas or "no zones" around the tractor trailer as well as making them harder to stop. While trucks may have increased breaking capacity, passenger cars and pickup trucks wont have any additional structural support added to withstand the impact from these monster trucks. Even if passenger cars were made to withstand these forces, it would be impossible to retrofit the 100's of millions of cars currently on the road.

In addition to consumer safety organizations that uniformly think this is a bad idea, OIDA (Owner-Operator Independent Drivers Association) has stated that the stability of a tractor trailer is "substantially reduced on bigger and heavier trucks." Rollovers are already the leading cause of truck driver deaths, this proposal would make one of the most deadly professions worse. One government official, a truck inspector, was quoted in the WSJ article as stating the idea is "insane."

Georgia: Trucking Wreck: Company had Poor Rating

The Alabama trucking company involved in a fatal crash that killed 11 people in Kentucky had a poor safety rating from federal regulators.
A woman stands with two little girls as they wait to go into the funeral for the Esh family in Marrowbone, Ky., Tuesday, March 30, 2010. The family was killed in a head-on interstate crash on March 26. (AP Photo/Ed Reinke)
Funeral home workers wait in the foreground as hundreds of mourners arrive for the funeral of the Esh family in Marrowbone, Ky., Tuesday, March 30, 2010. The family was killed in a head-on interstate accident on March 26. (AP Photo/Ed Reinke)
Mourners arrive for the funeral of the Esh family in Marrowbone, Ky., Tuesday, March 30, 2010. The family was killed in a head-on interstate crash on March 26. (AP Photo/Ed Reinke)
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The Federal Motor Carrier Safety Administration gave Hester Inc. a rating of 88.4 in February based on inspections during the past 30 months. The agency uses a scale of 1 to 100, with 100 being the worst score. Any score of 75 or more is considered "deficient."

The rating is based on the roadside inspections and moving violations of Hester's 30 drivers.

Kentucky State Police say the driver of a tractor-trailer crossed the median of Interstate 65 in central Kentucky on March 26, slamming into a van and killing 11 people and himself.

Two young children survived the crash, which remains under investigation.

Georgia Trucking News: CSA 2010 Delayed

Image via Wikipedia

CSA 2010 was to originally start this summer, but trucking companies have realized that it will be tougher to circumvent the new rules and have asked for more time. Surprisingly, the FMCSA agreed. The trucking industry continues to try to water down the new regulations to continue "business as normal."

The new schedule calls for a so-called “data preview” to run through November 30, 2010 at which time FMCSA will begin issuing warning letters and using CSA 2010 scores to target fleets for compliance reviews and extra roadside enforcement. Full, nationwide implementation of all of CSA 2010's new enforcement tools will not begin until 2011.

The public will not be able to view the Crash Indicator scores in November because of concerns about the quality of the underlying crash data. As I understand the concerns some states don't report all the information that they should, making the crash data LOWER than it should be if all the crashes were reported. While this may make the data imperfect, it can certainly be used to find and get off the road unsafe trucking companies. If the imperfect data shows the companies are bad, the real data would show they are WORSE!

Trucker Honored for saving an Accident Victim

Image by Getty Images via Daylife

The Truckload Carriers Association has honored Peter Pearce, a truck driver for Flying J, Inc., as a Highway Angel for helping an accident victim get out of her overturned car.

On Feb. 9, 2010, Pearce was heading north on Highway 42 between Debolt and Grand Prairie in Alberta when a pickup truck passed him going close to the speed limit. As the driver switched back into her original lane, the vehicle slipped on a patch of black ice, careened backward into a ditch, flipped over three times, crashed through a fence and landed upside down in a field.

Both Pearce and another motorist stopped to help. While the other driver called emergency personnel, Pearce ran down the embankment and leapt over a crash barrier to reach the pickup. The vehicle's engine was still running, and the rear wheels were turning. The driver was in a state of panic, screaming for help.

Since both doors were too damaged to open, Pearce asked the woman to cover her face while he broke a window. He then reached in, turned off the ignition and extracted the driver. He moved her a few feet away and covered her with a travel blanket that the other motorist provided. The woman had a large gash on the back of her head, so Pearce retrieved a cushion from her car to help absorb the flow of blood. All three waited together for the next 20 minutes until paramedics arrived at the scene.

For his efforts, Pearce will receive a Highway Angel lapel pin, certificate, and patch. Flying J will also receive a certificate acknowledging that one of its drivers is a Highway Angel.

Kentucky Trucking Accident: Trucking Company "Deficient"

The trucking company involved in a crash that killed 11 people in Kentucky in March was rated “deficient” by regulators, repeatedly failing inspections. The Federal Motor Carrier Safety Administration gave the company, Hester Inc. of Fayette, Ala., a rating of 88.4 — with 100 the worst score — in February. The Hester driver crossed a median, killing himself and 10 members of a Mennonite family traveling to a wedding.

Source here.

CSA 2010

The trucking industry will soon see a change in the FMCSA safety rating system, Safestat. The new program, CSA 2010 will soon be underway.

As of right now, under the Safestat safety rating system, trucking companies are checked within four areas:

* Driver
* Vehicle
* Safety Management
* Accident

The CSA 2010 system will increase to seven areas:

* Unsafe Driving
* Fatigued Driving
* Driver Fitness
* Controlled Substance and Alcohol
* Vehicle Maintenance
* Improper Loading/Cargo Securement
* Crash Indicator

Key Features of CSA 2010 are to:


Increase the opportunity to have contact with more carriers and drivers
*
Use more and better data to improve performance measurements for identifying high risk carrier and driver behaviors
*
Apply a wide range of interventions to correct these high risk behaviors before they become chronic and habitual.

For more go here: http://www.csa2010.com/

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: 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.

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.

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