Georgia Truck Accident Attorney Blog

As a trucking trial attorney in Atlanta, Georgia, I occasionally have one of those "Perry Mason moments" when the defendant breaks down and confesses that his whole story was a pack of lies. Not often, but it does happen.

According to a report in the Dallas Morning News, this week in a courtroom in Cleburne, Texas, a truck driver for a drilling company made such a confession, leading to a $16 million settlement of a wrongful death case.

The family of Rhonda Kay Henson, 41, sued Pioneer Drilling and its driver for her death after two large pieces of gas well equipment fell from a Pioneer tractor-trailer. One piece, known as a spreader bar, struck Henson's truck and killed her.

On the witness stand, the truck driver admitted:

- He and other Pioneer officials falsified and back dated documents in his employee file after the accident.

- He was not aware of safety laws and regulations about securing and transporting large loads. Motor carriers are required to instruct employees on the regulations and assure that they comply.

- He had a long history of driving infractions including tickets, accidents, license suspensions and a citation for driving under the influence by a minor.

- He testified that he didn't know why he had lied to the court and jury.

After that testimony, court recessed and the parties entered into a settlement for $16 million.

The destruction of evidence and the lies do not surprise me. We see it all the time. The surprise is that he admitted it.

A while back, I was taking the deposition of a truck driver in Ohio who had killed a kid in Georgia. Eventually he confessed under oath that he had destroyed and backdated logs, and that he had been driving about double the legal hours at the time of the crash. I flew home thinking I was just the coolest lawyer since Perry Mason. When I called the client, I was told "we've been praying that if he had anything to get off his chest, he would." The prayers apparently worked.

I wonder who was praying in Texas!

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Continue reading " Trucker admits lies in court, leading to $16 million settlement " »

As a trucking trial attorney working statewide in Georgia, I often see how accident investigations go awry due to the trucking company's rapid response to crashes, while the victims are unable to tell officers their side of the story and do not retain appropriate lawyers until months after important evidence has disappeared.

Late Thursday night, according to a report from WTOC TV, an 18 wheeler collided with a pickup truck at the intersection of Bay Street and West Lathrop Avenue in Savannah. All three men in the pickup were badly hurt. Joe Brown Jr. , 61, of Savannah died at the scene. Connally Brinson and Ricky Brown were reported in critical condition at Memorial University Medical Center.

This is at a broad intersection on a major thoroughfare about half a mile west of the historic downtown district of Savannah, approaching the docks. The news report contains little detail, but many of the 18 wheelers operating in that area are intermodal transport units, with road tractors pulling poorly maintained trailer chassis on which are mounted shipping containers. On the roads near the Port of Savannah, we often see intermodal tractor-trailers hauling freight containers to or from containers ships. The Federal Motor Carrier Safety Administration has issued new rules for safety of intermodal trailers, but the new rules have not yet been implemented.

Typically, after a catastrophic crash involving a big rig operated by a majlor trucking company, the pattern response is for the truck driver to immediately call the dispatcher, who calls the risk manager even at home in the middle of the night, who in turn calls a defense lawyer in the state where the crash occurred in order to claim work product privilege for anything that is done, and an investigator. The investigator, and sometimes the defense lawyer, may arrive at the accident scene before the debris is cleared. Evidence may be "lost" and the course of police investigation may be affected. They may then make sure that electronic evidence is deleted within a matter of days, and documents are not retained a moment longer than required by law, if that long. In addition, police reports are often prepared without the benefit of input from people in the smaller vehicles, who were killed or seriously injured, while the truck driver and the company's investigator are able to tell their story to the investigating officer.

That is why it is important for family members of the victims to act quickly to contact a lawyer who knows how to mount a prompt response in order to secure the necessary evidence before it disappears.

Continue reading " 1 killed, 2 critically injured in Savannah collision with 18 wheeler " »

Lawyers who rely on traditional referrals and upon informed consumers researching experience and qualifications are at a distinct disadvantage these days. Many people just respond to a TV or billboard ad because they have no idea how to intelligently choose a lawyer.

Recently I ran across an e-book which you can download -- The Smart Consumer's Guide to Hiring a Great Lawyer. The book lists some excellent criteria for selecting a lawyer, which I have shamelessly annotated with references to yours truly.

* The number of years the attorney has been practicing law. I have practiced law for 32 years, since 1977. That includes a hitch as an Assistant District Attorney prosecuting the full range of state criminal cases, three years in small town general practice, and a decade in an insurance defense firm defending personal injury, wrongful death and insurance coverage lawsuits for insurance companies, corporations and government agencies throughout Georgia. Since 1991, I have had a plaintiffs' personal injury and wrongful death practice.
* The attorney specializes in the area of law that pertains to your case. For 18 years, my practice has been almost entirely representation of plaintiffs in personal injury and wrongful death cases. For a decade before that I handled the defense side of such cases. About 75% of my practice now involves commercial truck and bus crashes.
* The lawyer has good trial experience -- actually takes cases to trial -- not just going to court for hearings. I have tried about 125 cases to verdict before juries. I have had to document my trial experience for board certification with the National Board of Trial Advocacy in 1995, and for re-certification in 2000 and 2005.
* The attorney has a good track record and wins at trial. Recently, I have won jury verdicts for $2.3 million in a broken leg case in a conservative rural county in northwest Georgia, and $1.25 million for a cervical fusion despite strong evidence of assumption of the risk. Other cases during the same time period have settled favorably before or during trial because the other side knew we were prepared to take them to verdict.
* The lawyer has a good understanding of or experience with injury cases that are similar to yours. I have successfully handled cases involving wrongful death, spinal cord injury, brain injury, burns and back injuries, Competent handling of any of these cases requires a solid understanding of insurance law.
* The attorney has been recognized with awards and distinctions. Read my bio. Among other things, I'm a Certified Civil Trial Advocate of the National Board of Trial Advocacy, rated as a "Super Lawyer" in Atlanta Magazine, listed among the "Legal Elite" in Georgia Trend Magazine, have an AV rating in Martindale-Hubbell Law Directory, and am in the Bar Register of Preeminent Lawyers. Currently, I am the elected Treasurer of the 40,000 member State Bar of Georgia. ("He who tooteth not his own horn, getteth it not tooted.")
* Quality of the lawyer’s website content is high and is very informative. See atlantainjurylawyer.com, georgiatruckingaccidentattorney.com, georgiatruckaccidentattorneyblog.com and atlantainjurylawblog.com. I had the first law firm website in Georgia (1996) and the second lawyer blog in the state.
* The attorney is the author of instructional books, articles, videos, etc. In addition to the links above and numerous articles and seminar papers, I am nearing completion of a book, tentatively titled Georgia Personal Injury Practice, with publication by West anticipated in early 2010.
* The lawyer is often called to speak to professional legal organizations and law schools. For a decade I served on the faculty of Emory University Law School's Trial Techniques Program. In the past 16 years I have spoken at dozens of continuing legal education seminars. That has included chairing the Georgia Insurance Law Institute, Georgia Personal Injury Practice seminars for several years, and the Southeastern Motor Carrier Liability Institute. Currently, I am a trustee of the Institute for Continuing Legal Education in Georgia. Within the past three years I have spoken at seminars on trucking trial practice in Atlanta, Chicago, New Orleans, Nashville, St. Louis and Las Vegas. This month I am scheduled to speak on trucking litigation at seminars in San Francisco and at Amelia Island, Florida.
* The law office offers real client case studies. In the interest of client confidentiality, and to avoid giving opponents insights into litigation strategies, we don't put much of that online. However, I can discuss relevant experience in past cases when we meet in person, though the identifies of client are always fully protected.
* The firm or lawyer has excellent client references or testimonials. A couple of years ago in the midst of a tough case, a client called me a "sheep dog." (Read the explanation.) Also see references and testimonials at Kudzu.com and Avvo.com.
* The attorney is knowledgeable and confident. See everything linked above.
* The lawyer understands that your case is unique and listens to your needs. Check.
* The law office staff (receptionist, legal assistants, and paralegals) is courteous and responsive. Check.

Continue reading " The Smart Consumer's Guide to Hiring a Great Lawyer " »

Disaster struck a Wisconsin family on Saturday while passing through Albany, GA, returning from vacation. A pickup truck that swerved from the oncoming lane on a four-lane state highway northeast of Albany.

According to a report in the Tomah Journal, Jesse Parker, 17, of Tomah, Wisconsin, was killed. HIs sister, Gabrielle, 16, was in critical condition. Their parents, Bradley and Jennifer Parker, were reported in good physical condition, though their grief must be unbearable.

The driver of the pickup, Janette Norem, 45, of Cordele, Ga., also died in the crash. A tractor trailer was also involved in the incident.

Continue reading " Wisconsin teen killed in Albany crash " »

Safety advocates, led by Stephen Owings, an Atlanta financial planner, are joined by the American Trucking Association in seeking rules requiring speed governors on interstate commercial trucks. They say the devices will save both lives and money.

Owings started Road Safe America after his son, Cullum, was killed on a Virginia interstate in 2002. Stuck in traffic, they were hit from behind by a big rig traveling on cruise control set at 7 mph over the speed limit. When I chaired the Southeastern Motor Carrier Liability Institute in 2005, Steve Owings was one of our speakers.

Opposing them is the Owner-Operator Independent Drivers Association. It says mandatory speed governors are likely to lead to more collisions (when a driver needs extra horsepower for an emergency maneuver) and increase traffic congestion (when a speed-limited truck attempts to pass another.

Stay tuned to see how this plays out in the FMCSA rule-making process.

Continue reading " Safety advocates seek speed governors on trucks " »

The driver of an Atlanta ice cream truck was seriously injured this morning when a tractor trailer pulled out in front of him.

According to a report by Chip Towers in the AJC, a tractor trailer on Camp Creek Parkway turned left on a green light, but without a green turn arrow. An ice cream truck traveling in the opposite direction had the right of way and was unable to avoid collision. The tractor trailer also collided with a county public works vehicle.

Federal Motor Carrier Safety Regulations require compliance with local traffic laws, including Rules of the Road regarding proper turning.

We often see truck-car collisions in metro Atlanta in the morning hours that involve truckers who have driven all night and make misjudgments due to fatigue when they get into Atlanta traffic. Of course, it is pure speculation to guess that could be a factor.

However, in such a case it is always important to promptly request preservation of driver logs, trip documents, and an array of other records all interstate trucking companies are required to maintain. Some records, especially satellite communications GPS data, may disabppear within a few days. Drivers logs are only required to be kept six months.

Continue reading " Ice cream truck driver injured in collision with 18 wheeler " »

No matter how often it happens, the useless tragedy is never less shocking.

About 4 AM last Friday on I-65 in Indiana, a family of five was killed when a tractor trailer rear-ended their vehicle which had slowed for traffic

Several years ago, something similar happened to a family in our neighborhood in Sandy Springs. The parents survived but their lovely teenage daughter, who had been a friend of my daughter since kindergarten, was killed instantly when a tractor trailer ran right over them as they slowed for congested traffic on I-20 in Alabama. After seeing so many incidents of this sort, I automatically hit the hazard flasher button whenever traffic slows ahead of me on the expressway.

The predawn hours are an all too common time for this sort of crash. Driver fatigue and efforts to keep driving despite sleepiness are often a factor.

Investigation of such incidents should include tracking down and examining all driver logs, trip receipts, Prepass records, weigh station records, bills of lading, etc., etc., to determine whether there were violations of hours of service rules in the Federal Motor Carrier Safety Regulations. It should also include investigation of the driver's medical history, including any disqualifying medical conditions and use of prescription or non-prescription medications that may affect alertness.

Continue reading " Another family killed when rear-ended by a tractor trailer " »