Georgia Truck Accident Attorney Blog

Plans for truck-only lanes on metro Atlanta expressways are among the aspirations cut from the Atlanta Regional Commission's transportation long-range plans released this week.

The ailing economy and strapped government budgets led the ARC to ax or defer beyond my likely lifetime:

- optional toll lanes alongside I-75 and I-575 in Cobb and Cherokee counties

- a component that would carry only tractor trailer trucks

- widening South Cobb Drive from Cobb Parkway to Atlanta Road, and from Atlanta Road to Bolton Road

- widening University Ave. from Metropolitan Parkway to the Downtown Connector

- new interchange at I-675 and and Cedar Grove Road

- mass transit line across northern I-285 from Cumberland to Perimeter Center

Continue reading "Truck-only lanes cut from metro Atlanta transportation plans" »

Two people were injured when a truck crashed into a railway bridge in northwest Atlanta on Tuesday morning, causing a huge chunk of concrete to fall onto the truck and another car below.

According to news reports, a 13-foot high truck was trying to clear the bridge, which is only 13 feet, 5 inches high, when a hydraulic lift attached on the truck hit the bridge. The impact caused a 25-foot section of the bridge, 12 inches thick, to collapse onto the truck, trapping the driver. The driver of another car was also hit by debris from the bridge collapse.The truck driver was charged with transporting an unsecure load, failure to obey a traffic control device, and collision of an object adjacent to the street.

This news story caught my eye for several reasons:

- Most of my law practice involves trucking accidents.

- One of the first truck crash cases I handled, about 25 years ago, involved defense of a company whose truck mounted crane raised up when it should not have, knocked the Windy Hill Bridge on I-75 over a couple of inches. GDOT tried to bill my client for the entire replacement bridge, until we discovered that GDOT had already contracted for a much larger replacement bridge before the accident happened.

- The location is extremely familiar to me. Having grown up in Douglasville in the days before completion of the Atlanta freeway system, Bolton Road was he most direct route to Buckhead when I started driving in the late 1960s. It has remained my occasional back route to get to my mom's house in Douglas County.

Continue reading "Truck mounted hydraulic lift causes bridge collapse" »

As a trucking accident attorney in Atlanta, I have sometimes wondered how can one predict which truck drivers will be in crashes. Now a study by the American Transportation Research Institute reveals the predictive value of driver records. Drawing on data from 582,772 U.S. truck drivers over a two-year time frame, the study shows that:

* A 'failure to use/improper signal' conviction was the leading conviction associated with an increased likelihood of a future crash. A truck driver convicted of this offense had a risk of future crash increased by 96 percent.

Nine additional convictions were also significant crash predictors:

* A past crash - 88 percent
* An improper passing violation - 88 percent
* An improper turn conviction - 84 percent
* An improper or erratic lane change conviction - 80 percent
* An improper lane/location conviction - 68 percent
* A failure to obey traffic sign conviction - 68 percent
* A speeding more than 15 mpg over speed limit conviction - 67 percent
* Any conviction - 65 percent
* A reckless/careless/inattentive/negligent driving conviction - 64 percent

Prudent trucking companies try to assess the crash risk of drivers. Others just don't seem to care enough to examine anything. One former employer of a truck driver -- whose new employer had not followed the rule requiring background checks -- told me "I wouldn't trust that boy to drive a wheelbarrow." If the new employer had bothered to call the former employer, he would not have been hired, the new crash would not have happened, and my client wouldn't have had his back broken.

Continue reading "Top ten factors in driver history to predict truck wrecks" »

Monday morning, an unidentified man died when he drove his Honda into the rear of an unoccupied tractor-trailer truck parked on the shoulder of a southbound ramp on to Interstate 85 in DeKalb County., according to a report by Rhonda Cash of the Atlanta Journal Constitution.

While strange to the uninitiated, this sort of event is common enough that the Federal Motor Carrier Safety Regulations include the following rule:

49 CFR 392.22 Emergency signals; stopped commercial motor vehicles.

(a) Hazard warning signal flashers. Whenever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices required by paragraph (b) of this section. The flashing signals shall be used during the time the warning devices are picked up for storage before movement of the commercial motor vehicle. The flashing lights may be used at other times while a commercial motor vehicle is stopped in addition to, but not in lieu of, the warning devices required by paragraph (b) of this section.

(b) Placement of warning devices--

(b)(1) General rule. Except as provided in paragraph (b)(2) of this section, whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices required by Sec. 393.95 of this subchapter, in the following manner:

(b)(1)(i) One on the traffic side of and 4 paces (approximately 3 meters or 10 feet) from the stopped commercial motor vehicle in the direction of approaching traffic;

(b)(1)(ii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction of approaching traffic; and

(b)(1)(iii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction away from approaching traffic.

(b)(2) Special rules--(i) Fusees and liquid-burning flares. The driver of a commercial motor vehicle equipped with only fusees or liquid- burning flares shall place a lighted fusee or liquid-burning flare at each of the locations specified in paragraph (b)(1) of this section. There shall be at least one lighted fusee or liquid-burning flare at each of the prescribed locations, as long as the commercial motor vehicle is stopped. Before the stopped commercial motor vehicle is moved, the driver shall extinguish and remove each fusee or liquid- burning flare.

(b)(2)(ii) Daylight hours. Except as provided in paragraph (b)(2)(iii) of this section, during the period lighted lamps are not required, three bidirectional reflective triangles, or three lighted fusees or liquid- burning flares shall be placed as specified in paragraph (b)(1) of this section within a time of 10 minutes. In the event the driver elects to use only fusees or liquid-burning flares in lieu of bidirectional reflective triangles or red flags, the driver must ensure that at least one fusee or liquid-burning flare remains lighted at each of the prescribed locations as long as the commercial motor vehicle is stopped or parked.

(b)(2)(iii) Business or residential districts. The placement of warning devices is not required within the business or residential district of a municipality, except during the time lighted lamps are required and when street or highway lighting is insufficient to make a commercial motor vehicle clearly discernible at a distance of 500 feet to persons on the highway.

(b)(2)(iv) Hills, curves, and obstructions. If a commercial motor vehicle is stopped within 500 feet of a curve, crest of a hill, or other obstruction to view, the driver shall place the warning signal required by paragraph (b)(1) of this section in the direction of the obstruction to view a distance of 100 feet to 500 feet from the stopped commercial motor vehicle so as to afford ample warning to other users of the highway.

(b)(2)(v) Divided or one-way roads. If a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a divided or one-way highway, the driver shall place the warning devices required by paragraph (b)(1) of this section, one warning device at a distance of 200 feet and one warning device at a distance of 100 feet in a direction toward approaching traffic in the center of the lane or shoulder occupied by the commercial motor vehicle. He/she shall place one warning device at the traffic side of the commercial motor vehicle within 10 feet of the rear of the commercial motor vehicle.

The reason for such a rule is that drivers approaching at the speed limit often do not perceive that a tractor trailer is sitting still until too late to stop, and then impact with an 80,000 vehicle is much like impact with a cement barrier. Moreover, impact with the side or rear of a stopped tractor trailer with typically weak under-ride bars can easily lead to decapitation of occupants of the striking passenger vehicle.

When such incidents get into litigation, the challenge is to prove whether an unmarked tractor trailer or big rig had been sitting on the shoulder more than ten minutes. Often this requires an immediate demand for preservation of electronic data from electronic data recorders and satellite communications systems that many trucking companies employ.

In making such demands, one must anticipate that a trucking company will also demand an opportunity to download data from the electronic control module of the striking vehicle This may require an immediate investment of several thousand dollars in accident reconstruction costs.

One must also anticipate disclosure of cell phone billing records to determine whether the driver was distracted by a cell phone when he collided with the stopped big rig.

If the driver who struck the stopped truck was speeding or distracted, then rules of comparative negligence, contributory negligence and failure to avoid consequences of another's negligence would reduce or bar tort recovery.

Thus, the starting point for survivors in such a situation may be to immediately check cell phone records and download electronic data from the car, and then make a decision about requesting data from the trucking company.

Continue reading "Man killed crashing into unmarked tractor trailer on shoulder of Atlanta freeway ramp" »

Tonight, a tractor trailer changing lanes on I-285 west, near Martin Luther King Jr. Drive, struck a Nissan, sending it into a highway guard rail. After hitting the guardrail, the vehicle was then struck by the cab of another tractor-trailer. Newlywed Danielle Holly, 21, was was killed at the scene. Her husband was transported to the trauma center at Grady Memorial Hospital.

One report stated that the first tractor trailer attempted to change lanes in front of the young couple, clipped the car, and sent it into the inner barrier wall. The car bounced back into the traffic lanes where it was struck by a semi which not carrying a load, resulting in what was described as a horrible rollover.

Initial media reports do not identify the trucking company involved.

The root cause of such tragic crashes often lies in mismanagement of safety issues by the trucking company. A poor safety culture flowing from corporate headquarters may lead to tragedy on the highway. In addition to the police investigation and statements of eyewitnesses, proper handling of civil cases arising from such tragedies includes examination of driver logs, operational records, and records of Federal Motor Carrier Safety Administration regarding the company's safety history.

Continue reading "Young bride killed by tractor trailer on I-285, groom hospitalized" »

The infant child of a young couple from Douglasville, my hometown, has died of injuries sustained when a tractor trailer ran over their car from the rear on I-75 near Windy Hill Road last Saturday night.

The truck driver, Henry Lipps, 59, from Indiana, has been charged with following too closely and second degree homicide by vehicle.

Police investigators said Lipps did not brake when he approached stalled traffic on a southbound lane of I-75 north of the Windy Hill Road exit. His 18-wheeler crashed into the back of a car in which the child and two adults, Donald Morgan, 25, and Candice Morgan, 24, were riding.

The child was taken to Scottish Rite with critical injuries while the parents were taken to Atlanta Medical Center. Two other adults riding in another car, Ramon Mcelrathbey, 24, and Cornelius Mcelrathbey, 21, were taken to Grady Memorial Hospital.

The tragedy of what happened is obvious. The unanswered question is “why?”

In my trucking accident trial practice in Georgia, I have seen this scenario too often.

In one case, a truck driver from Ohio ran over a family on I-75 a night, and showed Georgia state troopers a driver log that made it appear he was well within his legal hours of operation. But when, in the wrongful death lawsuit, we got all the documents and took his deposition in Ohio, his story slowly unraveled.

In the end, he admitted that his driver log was a complete fabrication. He actually had been driving 20 of the 24 hours immediately before running over a family and killing their child.

When we dug into the company’s records, the evidence was such that a federal judge wrote that the company “turned a blind eye” to habitual safety violations.

When such evidence is uncovered, the potential damages can be increased well beyond a "normal car wreck" tragedy.

Continue reading "Douglasville toddler killed by Indiana trucker on I-75" »

Monday was a rainy day here, and in the rain there were at least three tractor trailer wrecks on the Atlanta expressways. The worst was on I-285 Northbound just above I-20 West, as a tractor trailer overturned after colliding with at least one other vehicle.

One of the basic rules for operation of a large commercial truck is to exercise "extreme caution" when bad weather affects visibility or traction.

The Federal Motor Carrier Safety Regulations §392.14 provides:

Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. . . .

The Commercial Drivers License Manual says:

It will take longer to stop, and it will be harder to turn without skidding, when the road is slippery. Wet roads can double stopping distance. You must drive slower to be able to stop in the same distance as on a dry road. Reduce speed by about one-third (e.g., slow from 55 to about 35 mph) on a wet road.

Just an educated guess here, but I would bet that at least one of the truck drivers involved in those wrecks on Monday didn't exercise extreme caution and slow down by one-third.

Continue reading "Rainy day brings 3 tractor trailer wrecks on Atlanta expressways" »

As Georgia trucking lawyer who has lived in Sandy Springs for 26 years, I was saddened to hear recently that a woman was killed when she was hit by a 18 wheeler on I-285 near Riverwood High School where my son had his glory days in high school football.

Rosario Velez, 44, was in her minivan stopped in the I-285 emergency lane at Riverside Drive, making a phone call, when she was struck by an tractor trailer that, according to the police report, crossed over into the emergency lane to hit her.

Today, Sandy Springs police arrested Joseph Leon Golden, 43, the truck driver from El Paso, Texas. He has been charged with second-degree vehicular homicide and a lane violation, and is being held at the Fulton County Jail on $5,500 bond.

Continue reading "Tractor trailer driver from Texas arrested for death of woman on I-285 " »

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" »

When you or a loved one have been badly hurt in a catastrophic trucking accident, you may expect someone from the trucking company or its insurer to try to lull you into complacency. The objective is to avoid paying the value of the case, which they recognize is substantial. The tactics may remind you of the old joke, “I’m from the government and I’m here to help you.” They are from the insurance company and are “here to help you.”

The standard tactics, which my friend Morgan Adams in Chattanooga discussed in a recent blog post, include some variation of the following:

1. Pretending to be your friend. At trucking defense seminars, claims adjusters talk about how they try to become friends with a family by apologizing and offering to buy them a car and a house in exchange for giving up their claims. The adjusters take every opportunity to demonize any lawyers that the family might hire to represent them. At all costs they want to prevent the family from talking to an experienced trucking lawyer who would know how to investigate the case, demand that the company preserve paper and electronic records, and discovery trucking company’s violations of laws that contributed to causing the crash. In one recent case we handled, the adjuster started out talking to the family about paying their deductibles and copays on medical expense, and replacing their car, while at the same time trying to dispose of the physical evidence. But when the family hired me, and I deployed a rapid response to preserve evidence and make appropriate demands, the company soon paid its million dollar policy limit. Insurance adjusters know that revealing the truth could increase the value of the case significantly, and will do whatever they can to prevent that.

2. The misuse of annuities. Structured settlement annuities are a useful tool in settling cases because all the lifetime payments are tax-free and the burden of managing investments is lifted. However, in considering structured settlements, it is essential to focus first on what the defendant or its insurer is paying. Insurance companies will often show an unrepresented plaintiff that they will pay your family a million dollars over the next thirty years, while failing to mention that the annuity only costs $100,000 (or whatever) while the case has a present fair value in excess of a million dollars. In addition, they will use one of their own affiliated companies and brokers to issue the annuity, just switching the money from one hand to another. Thus, they play a shell game and get by with paying only a fraction of what the case is worth.

3. Inflation. No one knows exactly what future inflation will be, but we know that historically there is likely to be inflation. The adjusters will not seriously discuss with you how inflation will affect the value of funds paid.

4. Future medical expense. They exclude consideration of future medical expenses that eat into money paid to the family.They often fail to inform you of the impact of reimbursement claims by your health insurer, and do not protect your interests against such claims.

5. Future income loss. They exclude consideration of the full loss of income of the victim. People who have had major injuries often can’t work as much or as long as they would have, even if they initially return to work at the same job and at the same rate of pay.

6. Non-economic loss. They treat the non-economic losses of the family as having little or no value. The loss of quality of life, or the loss of a parent, is a matter of immense value which must be accounted for in a fair settlement of a case.

Remember the insurance adjuster’s job is to try to minimize payments on claims. No matter how friendly they may act, they are not there to help you.

Continue reading "How insurance adjusters lull you into complacency in order to take advantage of you" »

This morning on I-85 near Newnan, Georgia, a tractor trailer wrecked due to a blown tire. A 72-year-old trucker driving a 1996 International 4000 tractor-trailer crashed when a right tire reportedly blew on the vehicle, causing him to lose control and strike a guardrail. Fortunately, no injuries were reported. It was a local truck delivering concrete forms.

Most of the Federal Motor Carrier Safety Regulations have been adopted for intrastate trucking within Georgia. The FMCSR, at 49 CFR 396.13, requires the driver to make a pre-trip inspection and sign a report noting any defect in equipment. The FMCSR at 49 CFR 392.7, specifies that the pre-trip inspection driver must confirm that the following are in good working order: service brakes, including trailer brake connections; parking (hand) brake; steering mechanism; lighting devices and reflectors; tires; horn; windshield wiper or wipers; rear-vision mirror or mirrors; coupling devices.

Continue reading "Tractor trailer wreck on I-85 Georgia due to bad tire" »

A truck wreck in New Hampshire sounds similar to the the first interstate trucking personal injury case I handled as a "puppy lawyer" about 25 years ago, before I learned the basics of anything as fundamental as the Federal Motor Carrier Safety Regulations.

In the New Hampshire accident this morning, a state snow plow truck on I-89 was struck in the rear by a tractor trailer. The tractor trailer driver was hospitalized for a head injury.

My case a quarter century ago arose out of a rare Georgia snow storm after Christmas. A Georgia DOT snow removal truck was outfitted with a blade in the front and salt spreader in back. With two workers in the cab, it was moving slowly clearing snow next to the median barrier. A flatbed tractor trailer running empty on the way home Texas was traveling way too fast, skidded on an icy spot, and skidded into the DOT truck. The Texas trucker clearly was not exercising the "extreme caution" required of commercial trucks in hazardous weather conditions.

The fellow "riding shotgun" in the DOT vehicle wasn't hurt significantly in the initial impact, but was trapped, wedged between the median barrier and the 18 wheeler, when the snow removal truck caught fire. By the time someone broke out the windshield and pulled him to safety, he had second and third degree burns over much of his body. The case was a learning experience for me in that it was my first case involving a serious burn injury.

Continue reading "Big rig and snow removal truck crash in NH reminds me of my first trucking case in GA" »