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P9

Photo our expert used to identify negligent maintenance issues even though trucking company had sold their dump truck out of state.

Tom was having a good day. Between sales calls, he stopped his pickup truck at a red light at the end of bridge waiting to turn left onto a freeway ramp. He had been sitting there about thirty seconds when he heard a loud screeching sound. A dump truck fully loaded with gravel crashed into his rear, crushing the bed of his pickup and knocking the top of his toolbox through his rear window. By the time Tom hired us, the dump truck company had sold the truck and “lost” all the maintenance records. However, we had an expert who could tell from photos of the property damage that there were rusty cracks in mechanical components that may have contributed to the crash. While driver distraction and speed were bigger parts of the case, proof of poor maintenance helped establish that the company had been sloppy about safety for a long time.

Although many of the commercial truck crash cases we handle are caused by some combination of speed, fatigue or distraction, some also involve mechanical failure. That may be discovered by a motor carrier enforcement inspection after a crash, in an expert inspection we arrange if we are hired quickly enough, or it may be disclosed later in expert examination of photos of property damage.

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I-16 truck crash May 19 2015

Truck crash on I-16 at I-95 on 5/19/2015 killed 5. Truck driver admitted falling asleep, is charged with 5 counts of vehicular homicide.

In the spring of 2015, there were two separate five-fatality truck crashes on I-16 in Georgia. The first one got most of the publicity because the victims were all beautiful young nursing students, but both were equally lethal and egregious. In both cases, there were at least indications that a truck driver fell asleep before running over a line of stopped traffic.

On April 22, 2015, in Bryan County, John Wayne Johnson, a truck driver from Louisiana driving for Total Trucking, a subsidiary of US Express, ran over vehicles stopped traffic. He killed five Georgia Southern University nursing students and injured two others. It appears he went to sleep as there was clear visibility on a long, straight stretch of road before he ran over the stopped vehicles. Johnson admitted he had been texting and exchanging sexually provocative message with a woman while driving but denied he was on the phone at the time of the crash.

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maxresdefaultPeople may enjoy watching “Ice Road Truckers” on television. But there is nothing entertaining about a tractor trailer bearing down upon you at excessive speed, out of control on an icy highway.

A truck driver from Georgia has been charged with three counts of “three charges of grossly negligent driving with death resulting,” the Vermont equivalent of vehicular homicide.

Last December 29, Lashawn Jones, 41, of Alpharetta, Georgia, was driving Roehl Transport Inc. tractor trailer on slush and ice on U.S. 4 near the Killington Ski Resort in Vermont. The truck driver lost control on slush and ice and collided head on with a vehicle occupied by three people – Ryszard and Anita Malarczyk from Hastings-on-Hudson, NY, and their friend, Jaroslaw Karczewski from Poland. All three were killed in the crash.

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On Scene Doug Stephens DOT (39)Imagine that a commercial airliner crashed every other week in the United States, month after month, year after year. That is the level of carnage we have today in large truck crashes on America’s highways. In 2013, there were 3,964 people killed and an estimated 95,000 people injured in crashes involving large trucks, according to the National Highway Traffic Safety Administration. That year an estimated 342,000 large trucks were involved in police-reported traffic crashes during 2013. Of the fatalities in 2013, 71 percent were occupants of other vehicles, 17 percent were occupants of large trucks, and 11 percent were nonoccupants.

In our law practice, we see a portion of this carnage all the time. After years of seeing the aftermath of immeasurable damage to human bodies, and tucking into sealed files the photos I can never show to family members of the deceased, I still cringe at those sights.

Why does this mayhem continue on our highways, year after year? Here are some of the major cause:

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Cherokee county mapLast week in Cherokee County, a Comcast truck failed to stop behind a car that had stopped to turn, went into the opposite lane, and struck head-on an oncoming car, killing the driver.

According to media reports, at the intersection of Ga. 140 and Avery Road, a Ford Fiesta  stopped to turn left onto Avery Road just before 12:30 p.m. on September 28, 2015.  For unknown reasons, a Comcast truck steered to the left to avoid hitting the Ford and traveled into the westbound lanes striking a Chevy pickup head-on.

The driver of the pickup — who I understand was a really good guy with whom I have several friend in common —   died at the scene of the crash. The driver of the Comcast truck and an occupant of the Fiesta were also injured.

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driving-in-fogOnce again, a tractor trailer making a u-turn in dark or fog on a rural Georgia road has proven fatal. Once again, a turning tractor trailer forms a deadly and virtually invisible fence across a highway.

On September 30th at Lenox, Georgia, a man was killed when he collided with a Scruggs Concrete semi-truck attempting to make a u-turn in the roadway in foggy conditions. He was killed when the collision sheared off the top of his pickup truck.

This is an all too common form of truck crash across the United States, largely due to poor training and management at companies that operate the trucks.

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burritoDistracted driving accidents often involve cell phones, texting and other electronic devices. For example, we recently concluded a case in which a truck driver was talking on his cell phone with someone in South America for nearly half an hour before he ran over a line of stopped traffic.

But something as apparently innocuous as eating and drinking is very often a fatal distraction too. We have had several cases in which a truck driver leaned over to pick up a dropped water bottle when he ran over other vehicles, killing or seriously injuring the occupants.

In this recent case in Albequerque, New Mexico, a bus driver was caught on video eating a burrito with both hands when he crashed into another vehicle and caused a chain reaction with other cars.

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pinball different pathWhat do you do when insurance coverage is grossly inadequate for a catastrophic truck crash personal injury or wrongful death case?

Big truck wrecks can cause a lot of carnage. When a small passenger car is run over at highway speed by a 80,000 pound tractor trailer bigger than a Sherman tank, a tremendous amount of kinetic energy is unleashed. The results are often than catastrophic.

Unfortunately, the liability insurance required for big trucks has not been adjusted since President Reagan’s administration. Minimum insurance for general freight tractor trailers in interstate commerce was set at $750,000 in 1981. Minimum coverage for interstate hazmat trucks and passenger buses was set at $5,000,000 in 1985.

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Intermodal Trucking
Most people who see a tractor trailer crash have no idea of the significance when the trailer is a skeleton chassis with a freight container bolted to it. State troopers don’t know. Motor carrier enforcement officers don’t know. Accident reconstruction experts don’t know. About 99.99% of lawyers who handle tractor trailer crash cases don’t understand it. They have never been trained on it and have not had occasion to research and study it in depth.

We have had good success with these cases, but I’m not going to publish a how-to manual for lawyers on the internet. If I did, one of my brethren would take the germ of an idea without deep study and mess it up.

But here are a few key points:

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russia
One day in Kansas City, I took the deposition testimony through an interpreter of a Bosnian immigrant truck driver. He was driving with a Florida Commercial Driver’s License (CDL) when he crashed an 18-wheeler into my client on a Georgia interstate highway.

I asked where he got his truck driver training. He said some Russian guy in North Carolina, whose name he could not recall, trained him. How did he study the Commercial Drivers License manual, published in English?   He said his 10-year-old daughter read it and translated it for him. She may have been a precocious child, but really? I didn’t think then to dig into how he was able to take and pass the Florida CDL tests.

For several years, a high percentage of our serious truck crash cases have involved immigrant truck drivers who have to testify through interpreters. They drive the highways of America in little bubbles of their home countries, talking by cell phone as they drive with people in their home countries, listening to music in a native dialect, and never really interacting with America language or culture.