Georgia Truck Accident Attorney Blog

Articles Posted in Truck driver safety

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Will some truck drivers alter their routes and schedules to avoid safety inspections during a 72-hour period of enhanced truck inspections across North America next week? For years, I have heard from truck drivers stories of how they would take alternate routes to avoid speed limit enforcement and safety inspections. Once, when my daughter was attending a college in a neighboring state, a truck driver told me that she should avoid a certain non-Interstate route because all the truckers who wanted to evade the law took that route.

28th Annual International Roadcheck Begins June 2, 2015
The 28th Annual International Roadcheck will take place between June 2 and June 5, 2015. The Roadcheck is conducted by The Commercial Vehicle Safety Alliance together with the Federal Motor Carrier Safety Administration, Canadian Council of Motor Transport Administrators, Transport Canada, and the Secretariat of Communications and Transportation in Mexico.
Within the 72-hour period, there will be over 10,000 certified commercial truck and bus inspectors on the roads of North America. Some believe that because of heightened scrutiny, many carriers will choose not to operate during the three day period. The goal of the campaign is to average 17 inspections per minute over a 72-hour period.

North American Standard Level I Inspection
According to The Commercial Vehicle Safety Alliance, the North American Standard Level I Inspection will be conducted, which is the most thorough roadside inspection. “It is a 37-step procedure that includes a thorough examination of both the driver and vehicle. Drivers will be asked to provide items such as their license, endorsements, medical card and hours-of-service documentation, and will be checked for seat belt usage and the use of alcohol and/or drugs. The vehicle inspection includes checking items such as the braking system, coupling devices, exhaust system, frame, fuel system, lights, safe loading, steering mechanism, drive line, suspension, tires, van and open-top trailer bodies, wheels and rims, windshield wipers, and emergency exits on buses.”

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In 2003, a 15-year-old girl who had been in Brownies with my daughter was killed when her family’s vehicle was rear-ended by a tractor trailer on an interstate highway. She was riding in the back seat en route to a summer camp. The truck driver was charged with DUI. That event is in the back of my mind whenever a question arises of whether a truck driver may have been impaired at the time of a crash.

To be clear, most interstate truck drivers are highly responsible, safety conscious and would never dream of driving when impaired from alcohol or drugs.

But there are those who use stimulants, sometimes including meth or cocaine, to stay up for long driving hours, or who get behind the wheel after drinking. Others use either prescription or over the counter drugs which can affect attentiveness.

Aware of that risk, the Federal Motor Carrier Safety Regulations require mandatory post-accident alcohol and drug tests whenever anyone is killed or removed from that crash scene by ambulance, and when any vehicle is towed from a wreck with an interstate commercial vehicle and when.

Until now, however, there has not been an easy way to check on whether a truck driver has a history of driving under the influence.

On February 20th, the Federal Motor Carrier Safety Administration published a proposed rule that would establish a database of drivers with a commercial driver’s license (CDL) who have failed or refused to take a drug or alcohol test. This clearinghouse may help improve roadway safety by making it easier to determine whether a truck or bus driver is prohibited from operating a commercial motor vehicle for failing to comply with federal drug and alcohol regulations, including mandatory testing.

Current federal regulations require employers to conduct mandatory pre-employment screening of CDL driver qualifications based upon their driving record. However, there are not been a single federal repository recording positive drug and alcohol tests by CDL holder that employers would be able to search to ensure the driver is able to perform at a job where safety is the number one concern.

“Safety is our highest priority, and we will continue to embrace new tools and opportunities that protect the travelers on our nation’s roads,” said U.S. Transportation Secretary Anthony Foxx. “Today’s proposal will help ensure dangerous drivers stay off the road, while encouraging the employment of the many safe drivers who follow our drug and alcohol requirements.”

The proposed rule would give employers access to invaluable information with ease. The new rule also require employers to conduct pre-employment searches through the repository for all new CDL drivers and annual searched on drivers they currently employ.

“We are leveraging technology to create a one-stop verification point to help companies hire drug and alcohol-free drivers,” said FMCSA Administrator Anne S. Ferro. “This proposal moves us further down the road toward improving safety for truck and bus companies, commercial drivers and the motoring public everywhere.”

Under the proposed regulation, FMCSA-regulated truck and bus companies, Medical Review Officers, Substance Abuse Professionals, and private third-party USDOT drug and alcohol testing laboratories would be required to record information about any driver who:

• Fails a drug and/or alcohol test
• Refuses to submit a drug and/or alcohol test; and
• Successfully completes a substance abuse program and is legally qualified to return to duty.

Private, third-party USDOT drug and alcohol testing laboratories would also be required to report summary information annually so that they can help identify companies that do not have a testing program. To ensure the privacy of the drivers involved, each CDL holder would need to provide their consent before an employer could access the clearinghouse.

Drivers who refuse to provide their testing information could still be employed by the truck or bus company; however, they could not occupy safety-sensitive positions such as operating a commercial motor vehicle.

It is a violation of federal regulations to drive a truck or bus under the influence of a controlled substance or under the influence of alcohol. Federal safety regulations require that truck and bus companies that employ CDL drivers conduct random drug and alcohol testing programs. Carriers must randomly test 10 percent of their CDL drivers for alcohol and 50 percent of their CDL drivers for drugs each year.
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As a trucking accident personal injury and wrongful death lawyer based in Atlanta, I get a chance to see the trucking safety issues from the point of view of both innocent folks who are run over by tractor trailers and truck drivers who are themselves put at risk by companies that care too little about safety.

A blogging truck driver at Go By Truck News wrote this week that “A rogue motor carrier is a truck driver’s worst nightmare.”

He wrote that last year, D.A. Landis Trucking, Inc. was charged with conspiracy for ordering drivers to falsify their daily logbooks, maintain two sets of logs, falsely certify accuracy of the lying logs, had dispatchers also knowingly dispatched drivers on trips that were truck accidentto exceed hours-of-service requirements.

That is old news to those of us who have been digging through truck drivers’ logs and trip documents and both deposing and interviewing truck drivers.

He also gathered these tweets from tired truck drivers:

– “My dispatcher goes retarded when I tried to tell them I have only 1 hr left to drive.”

– “I have heard this from many dispatchers before. Come on we need you for one more.”

– “When it comes to driving we have 65mph trks n 100mph dispatchers with 26 hrs in a day!”

– “Dispatch was kind enough to plan my first load for 4am central time. My paperwork is invalid and dispatch won’t be in for another 3 hrs.”

Go By Truck News urges truck drivers to check the safety records of any company they consider working for, and to make sure they know the rules, including these:

FMCSR 392.6 Schedules to conform with speed limits. “No motor carrier shall require a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial vehicle being operated at speed greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”

FMCSR 390.13 Aiding or abetting violations. “No person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules of this chapter.”

FMCSR 392.3 Ill or fatigued operator. “No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.” (This regulation was mentioned in my prior article and worth repeating again here).

He is spot on in stating that, “A good safety director will educate a driver about these regulations, rewarding and not penalizing a driver for declining to take a load if they are too fatigued. A good company with a pattern of safe behavior will give a trucker an opportunity to develop a disciplined sleep routine.”

He urges that, “it’s often the employer / load planner / dispatcher pushing the trucker beyond their limits. However, all truckers should take a stand with the Trucker Mike’s ‘Mantra’ – ‘I will NEVER let anyone ‘push’ me, instead I’ll be fired for being SAFE if need be!'”

This afternoon, my friend Steve Gursten in Michigan forwarded this plea he received from a truck driver who wants to drive safely but works for a rogue trucking company that won’t allow him to follow the law:

The company that I drive for has me doing illegal runs. I feel if I don’t do them my miles will be cut or they will find a way to get rid of me. I need to care for my family. I have been too many companies and they are all the same. The one I’m with now is the worst. I’m looking for other employment and coping the best I can. Is there anyone I can talk to like a whistle blower organization? Or maybe a letter too the sec of transportation? Companies, dispatchers, shippers and receivers need to be held accountable. Until we have better legislation in place to address this, us truckers will always be at the bottom of the hill. And of course we know which direction s##t rolls.

Wow!

That is right in line with my impression over the years that most truck drivers are just ordinary good guys working hard to make a living, but are too often pushed by employers, motor carriers, shippers, brokers, etc., to make illegal runs on impossible schedules, so that they are often pushed beyond the limits of human endurance.

That is why I generally try to handle these cases by digging for a root cause analysis in the corporate safety management system — or lack thereof.

I suggested referring this guy to Truckers Justice Center in Minnesota, operated by a lawyer who represents whistle blowing truck drivers nationwide
If your or a family member were run over by a tractor trailer, or if you are a truck driver badly injured in the line of duty, I would be glad to talk with you with no obligation.
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Despite the political gridlock and recent shutdown of the federal government, Congress has managed to pass legislation to address the danger of sleep apnea in the trucking industry. At this writing, it awaits the President’s signature.

House Resolution 3095 is a simple, two-page bill sponsored by two members of Congress sped through Congress. It requires the Federal Motor Carrier Safety Administration to commit to formal rule making on sleep apnea testing and treatment for truckers and other professional drivers.

The trucking industry, predictably enough, estimates that “the impact of screening, diagnosis, and treatment for obstructive sleep apnea could exceed $1 billion annually.” But that is a bargain compared to the carnage on the highways due to drivers of 80,000 pound tractor trailers falling asleep at the wheel.

The downside of this, warns my friend Michael Leizerman in Ohio, is that by requiring the FMCSA to go through full rulemaking and cost-benefit analysis when addressing screening, testing or treatment of sleep apnea, it may delay rather than speed up efforts to address the very real problem of sleep apnea. As Michael pointed out in a recent blog post, the FMCSA has already published the online Fatigue Management Training program and has many simple and inexpensive ideas to make fatigue awareness part of a motor carrier’s safety culture.

Untreated sleep apnea can lead to fatigued driving and is thus a medically disqualifying condition for truck drivers. FMCSR 391.41(b)(5). We have seen too many cases in which our clients were run over by truck drivers who were often good folks but were dangerous behind the wheel due to fatigue, drowsiness and untreated sleep apnea.

As Michael Leizerman has pointed out, this legislation requires the FMCSA to go through a full rule making process which will add years of delay to the implementation of much needed efforts to forcefully address the problem of sleep apnea among truck drivers.
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Sgt. Ronald Nabors was a decorated Marine who survived his honorable service in Afghanistan but his life was taken by a tractor trailer in Georgia. In Albany, Georgia, on Sunday, June 30the, his motorcycle crashed into the passenger side door a tractor-trailer truck that turned left in front of him into a Pilot truck stop. Sgt. Nabors, 26, a Texas native, who was stationed at the Marine Corps Logistics Base in Albany, was traveling north on his Harley Davidson motorcycle along Cordele Road when the collision happened.

Possible charges are pending against the driver of the tractor-trailer operated by Millis Transfer, Inc. According to the Federal Motor Carrier Safety Administration records, that company is based in Black River Falls, Wisconsin, but the company website lists a terminal in Carterville, Georgia. News reports to not mention whether the alcohol and drug tests required under federal law were done.

It is speculative to guess why this tragedy happened, but some of the likely suspects in similar truck crashes are:

Illegal left turn. Georgia law requires that the driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction that is within the intersection or so close to it as to constitute an immediate hazard.
Possible hours of service violation. Federal Motor Carrier Safety Regulations require that drivers of commercial vehicles in interstate commerce drive no more than 11 hours out of 14 hours on duty, then take a 10 hour rest break, and to get longer weekly breaks. We often see hours of service violations in truck drivers from the Midwest traveling to Georgia. I don’t know whether that is the case here.
Truck driver impairment due to fatigue, medication, illness, etc. This often goes hand in hand with hours of service violations, but we also often see drivers impaired by medication.
Possible use of a hand held cell phone or other driver distraction. A relatively new Federal Motor Carrier Safety Administration rule restricts the use of all hand-held mobile devices by drivers of commercial vehicles. My guess is that the Georgia State Patrol Specialized Collision Reconstruction Team (SCRT) is checking any cell phone SIM card and billing records.

Georgia wrongful death law gives designated survivors the right to bring a wrongful death action against the responsible parties. In Georgia, there can be two separate claims that may be asserted against a person or corporation who negligently causes a death:

– A “wrongful death” claim for the “full value of the life” which belongs to survivors designated by statute. If there is neither a spouse nor child surviving, then the decedent’s parents have the right to sue under Georgia law. If the parents of a deceased child are divorced or living apart, the trial court has full discretion to allocate the wrongful death recovery between them, considering any pertinent factors.
– A “survival action” which belongs to the estate and is brought by the executor or administrator of the deceased for pain and suffering before death, medical expense and funeral expense. This claim may be filed by the administrator or executor of the decedent’s estate.

Ken Shigley is past president of the State Bar of Georgia (2011-12), past chair of the Institute for Continuing Legal Education in Georgia board of trustees (2012-13), board certified civil trial and pretrial advocate (National Board of Legal Specialty Certification) lead author of Georgia Law of Torts: Trial Preparation & Practice (2010-13). His Atlanta-based practice focuses on cases of wrongful death and catastrophic personal injury, including brain injury and spinal cord injury.
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This morning at 5 AM, 2 EMTs and their patient in an ambulance were killed in a collision with a jackknifing tractor trailer.

According to early news reports, a car pulled over to yield to the approaching ambulance, with its lights and siren activated, as required under Georgia law, and the tractor trailer then jackknifed into the path of the ambulance.

The Georgia State Patrol’s Specialized Crash Reconstruction Team is investigating. It is early to speculate about what laws may have been violated, but possibilities include:
Following too closely
– Speed too fast for conditions – Failure of semi driver to yield to approaching emergency vehicle
– Possible hours of service violation if investigation reveals trucker was long haul driver in interstate commerce and had not complied with rule requiring 10 hour rest break after operating no more than 11 hours in 14 hour work day, etc.
– Possible driver distraction theories.

Investigation will probably include examination of data in the truck engine’s electronic control module (ECM) if it was turned on, in any Qualcomm or other satellite communications system, and in any GPS device in the truck. We find that sometimes when ECM data is lost or destroyed a GPS provides speed and hours of service data.
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Driver fatigue is a major cause of truck crashes among drivers of commercial tractor trailers, semis and big rigs. Federal Motor Carrier Safety Regulations mandate that truck drivers can drive only 11 hours out of a 14 hour work day, followed by a 10 hour rest break. There are also restrictions on weekly totals. Handling injury and death cases arising from truck accidents in Georgia, I often seen cases where drivers were too fatigued to drive safely.

But most of us have personal experience to know that a driver can be dangerously sleepy in far less than 11 hours of driving.

Australian researchers have confirmed what we intuitively know. Caffeine can help maintain driver alertness. But caffeine alone is not enough, and naps can help too. In “Use of caffeinated substances and risk of crashes in long distance drivers of commercial vehicles: case-control study,” published at BMJ 2013; 346 doi: http://dx.doi.org/10.1136/bmj.f1140 ( 19 March 2013), Lisa N Sharwood and her collaborators reported on their study.

Their bottom line:

– Caffeine helps, but that alone is not enough.

– Breaks help, whether used for naps, exercise or drinking coffee.

All this seems like common sense, but it bears repeating. One problem in the trucking industry is that trucking companies and shippers sometimes insist on driving the maximum hours allowed (or longer), so that no credit is given for drivers who take breaks to help maintain alertness within those hours.

However, the Federal Motor Carrier Safety Regulations include not just the hours of service rules but also a more general restriction against operating a commercial vehicle when too fatigued or ill to safely do so.
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Drivers of commercial tractor trailers, semis and big rigs are responsible for piloting an 80,000 pound rocket down highways shared with you and your family.

You may pray that they are well-trained, well-managed, safe and responsible. Most are. Some are not.

The duties of a commercial truck driver are spelled out in the Federal Motor Carrier Safety Regulations, Commercial Drivers License (CDL) manuals, training materials published by industry associations and companies such as J. J. Keller, and company policies and procedures. While only statutes and regulations have the force of law, the others may be used as evidence of standards of care and of negligence when violated.

Some of the truck driver’s duties include:

– Know and understand the safety regulations and policies.

– Perform pre-trip and post-trip inspections, carefully going through a detailed checklist of the tractor and trailer.

A proper pre-trip inspection takes an experienced truck driver 20 to 30 minutes.Too often in truck accident cases we find inspections were no more than a quick walk-around or less, with a vertical line hurriedly drawn down the checklist rather than even bothering to inspect and check off each item. Earlier this week I was at a truck stop for my expert’s inspection of a tractor trailer involved in a fatal accident when we saw another truck driver do a 20 second “pre-trip inspection” that involved glancing at his tires. The result of inadequate pre-trip inspection can be operation of an 80,000 pound truck on the highway with unsafe equipment.

– Understand and comply with hours of service regulations, and truthfully log their driving, on-duty but not driving and off-duty time.

They are limited to driving 11 hours in a 14 hour work day, after which they must take a 10 hour rest break. The driver is responsible for planning a route with the hours of service rules in mind, and for notifying dispatch when he is out of legal hours.

I have handled cases in which drivers falsified logs in order to appear legal far beyond exhaustion of both their legal hours of operation and their bodies. Sometimes they are pressed to drive far beyond legal hours by trucking company dispatchers, third party logistics companies, freight brokers, shippers and consignees who turn a blind eye to safety. Those companies may share the legal blame, but the truck driver is still responsible as the pilot of the ship.

– Inspect his cargo to make sure it is safely distributed and secured before the trip, at particular points en route, and at the end of a trip.

Except when taking a sealed trailer that he is not allowed to open without special permission, the driver is required to inspect inside the trailer to make sure weight is properly distributed and the right methods and equipment have been employed to prevent the lad from shifting.

When operating a truck with a flatbed trailer, the driver must assure that the load is and remains securely tied down, following commodity-specific rules in order to prevent spilling, leaking, falling or blowing of cargo.

A while back, I handled a case in which a truck driver failed to secure a forklift on a flatbed trailer, with the result that the forklift came loose in a curve on a mountain road and landed on top of an oncoming vehicle. Police and the coroner were picking pieces of people out of that flattened car for days.

– Plan a route that takes into account weight limitations on roads and bridges, low height restrictions of bridges and tunnels, railroad crossings, one way streets and awkward turns.

A confused or careless truck driver can kill people when attempting a u-turn that blocks a highway in the dark or stuck in a railroad crossing or low bridge.

– Use extreme caution when road or adverse weather conditions affect traction or visibility, and if necessary pull off the road and wait for conditions improve. CDL manuals instruct truck drivers to reduce speed by one-third in rainy conditions.

When a tractor trailer hydroplanes in a rain slick curve and knack knifes at highway speed into oncoming traffic, only a miracle an prevent deaths or catastrophic injuries, including that of the truck driver himself.


– Stop driving when ill or fatigued, even if still within the legal hours of service.

Sometimes we find that truck drivers work second jobs or pursue other activities during the required rest periods, so that. They are unsafely fatigued even when inside legal hours of operation. Other times we find truckers returning to work too soon after an illness, such as one who got a chiropractor to issue DOT medical certificate two weeks after open heart surgery.

Safety should always come first.

– Whenever stopped on the side of the road, truck drivers must activate hazard flashers, then put out reflective triangles or flares at specified locations behind the trailer.

– Hang up and drive.

Federal rules now ban use of hand held cell phones as well as text messaging during operation of a commercial motor vehicle in interstate commerce.

– Obey all state and local traffic laws.

Truckers must also obey local peed limits, traffic control devices, etc.

There is much more that could be included, but this may give you a taste of the issues we examine regarding truck driver duties.
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When we share the road with semi tractor trailer drivers who pilot 80,000 pound big rigs on highways across the country, we hope they are well-qualified and safety conscious. Most are but some are not.

Among the many things I examine as a trucking accident litigation trial attorney in Georgia are the qualifications, experience and background of the truck driver.

Commercial truck and bus drivers are required to have knowledge of and comply with all government trucking safety regulations and company policies. Motor carriers operating truck and bus lines are required to make sure drivers are adequately trained and monitor drivers’ performance.

Entry level truck drivers must obtain a Commercial Driver’s License, usually referred to as a CDL. That requires training in driver qualifications, hours of service, safe operations and whistle blower protection. The CDL manuals for all states in the US are materially identical. Drivers are required to know and understand pertinent provisions of the Federal Motor Carrier Safety Regulations, so the CDL manual explains the regs in simpler, graphic terms.

Drivers of specialized commercial vehicles need additional training specific to those types of vehicles. Trade organizations and safety materials publishing companies produce training videos and manuals for a wide variety of specialized commercial vehicles such as concrete mixer trucks, crane trucks, etc.

These CDL manuals and specialized training materials are extremely useful in cross examining truck drivers after they crash.

In applying for a truck driving job, a truck driver must provide his or her CDL, employment history, driving records, record of convictions and violations, medical history, drug and alcohol history, and physical exam.

Trucking companies are required to conduct a road test of the driver, testing knowledge, skills, experience and training, using the same type vehicle the driver is expected to operate. The test must be conducted by an employee who is qualified to do so.

When representing the victims of a catastrophic semi tractor trailer crash, all this fair game for thorough and sifting examination. Any lawyer who thinks a commercial truck crash is just a bigger car wreck will be clueless and unprepared, vastly reducing the prospects for success in representing his client. That is why our years of experience in trucking litigation matters.

Source: Federal Motor Carrier Safety Regulations; Truck Accident Litigation (3d edition)

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ABCO Transportation, Inc., a refrigerated freight haulder based in Dade City, Florida, has a chronically unsatisfactory record with the Federal Motor Carrier Safety Administration with regard to unsafe driving violations. In my experience as a trucking trial attorney, when a trucking company has a record as bad as ABCO, often there are issues of management turning a blind eye to safety.

In ABCO’s case, this bad safety record culminated in a tragic crash on Wednesday on Thornton Road in Douglas County, Georgia, when an ABCO truck driver ran a red light, taking the lives of two co-workers at AutoTrader.com (a Cox Enterprises subsidiary) and injuring four others.

I was in Chattanooga, at the office of another trucking trial attorney, when I got a message to return a call from the family of two of the injury victims who had been referred by their family’s attorney in another state.

ABCO’s record with the Federal Motor Carrier Safety Administration shows unsafe driving violations with a 74.3 percentile score. Anything over 60th percentile is unsatisfactory. In the past two years, ABCO had 81 reported unsafe driving violations, and has rated unsatisfactory for unsafe driving violations for every reporting period since December 2010. That is probably the tip of the iceberg, as it only indicates the times they got caught.

Specific reported violations include:

– Failure to obey traffic control device, 8 violations – Following too close, 11 violations – Improper lane change, 3 violations – Lane Restriction violation, 5 violations – Improper passing , 1 violation – Reckless driving, 1 violation – Speeding, 14 violations – Speeding 15 or more miles per hour over the speed limit, 4 violations – Speeding work/construction zone, 4 violations
In 2011 and 2012, ABCO has had 18 reported crashes, 8 of which involved injuries, with a total of 17 people injured. These include:

– 6/22/12, Pennsylvania, 2 injured – 12/9/11, New York – 12/2/11, Ohio – 11/29/11, Colorado – 11/2/11, New York, 1 injured – 10/11/11, Virginia – 9/9/11, Missouri – 4/27/11, Kentucky – 4/7/11, Florida, 1 injured – 3/5/11, Alabama – 2/10/11, Virginia, 7 injured – 1/20/11, Ohio – 11/23/10, Florida, 1 injured – 11/3/10, Indiana, 1 injured – 10/25/10, Ohio – 8/29/10, Texas, 1 injured – 7/31/10, Virginia, 3 injured – 7/9/10, Connecticut
Regarding fatigued driving, one of the most common underlying causes of truck crashes, ABCO is right at the threshold for an unsatisfactory rating — 59.8 percentile when anything over 60 percentile is considered unsatisfactory. ABCO was over the 60 percentile threshold for unsatisfactory driver fatigue rating for 4 of the past 6 reporting periods. Reported violations only indicate when they got caught, so they are normally the tip of the iceberg. Violations include:

– False report of driver’s record of duty status, 8 (lying about driver logs)
– Requiring or permitting driver to drive more than 11 hours, 8 violations – Requiring or permitting driver to drive after 14 hours on duty, 20 violations
It was with that background that an ABCO Transportation tractor-trailer operated by 64-year-old Robert John Sansom, of Colorado ran a red light on Thornton Road in Douglas County, Georgia, on Wednesday, July 11th. Two women on their lunch break were killed — Tracy Downer and Michelle Chinnis, both of whom in sales for AutoTrader.com, a website owned by Cox Enterprises. Four other people were injured in the crash . According to an article by Alexis Stevens in the AJC, Downer previously worked in advertising at the AJC from 1993 to 2010, was married with a son and a daughter, and Chinnis is survived by a 16-year-old daughter.

Victims and their families may choose separate attorneys or joint representation in such instances of serious personal injury or wrongful death, as this is a potential conflict that may be waived in writing after informed consent pursuant to Georgia Rule of Professional Conduct 1.7.

Whenever there are multiple victims of a crash such as this one, it is important to coordinate representation. Most recently, we were involved in the joint prosecution group coordinating representation of member of the Bluffton University baseball team arising from a bus crash in Atlanta in 2007. Where there are no substantial indications of fault on the part of any of the victims, the only potential conflict among them is generally concern about adequacy of insurance coverage and assets to cover all claims.

The Federal Motor Carrier Safety Administration website only shows for ABCO a $1,000,000 liability policy with Protective Insurance Company. However, an interstate motor carrier with 174 trucks is likely to carry an excess liability insurance policy with considerably higher limits, perhaps an additional $5,000,000 to $20,000,000. That information is not public and generally is reliably documented only in litigation.
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