Articles Posted in Georgia truck accidents

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Strategy is essential in litigation. Among the most important strategic considerations is determining in which court a case may be litigated and tried. Most trucking crash cases involve an analysis of jurisdiction and venue questions.

In Georgia state courts, cases must be filed in a county where a defendant is a resident. Federal courts are options if there is complete diversity of citizenship, meaning that all plaintiffs reside in a state different from all defendants, or if there is “federal question” jurisdiction. In tractor trailer crash cases, we usually but not always file in state courts in Georgia because of the relatively more user-friendly procedures in the state court system. Occasionally, we choose to file in a federal court when available rather than a small, rural county where the trucking company and its driver are located. Most often, plaintiff attorneys file cases in state courts against out of state trucking companies and drivers based on the Nonresident Motorist jurisdiction provisions which provide for venue where the crash happened or where the injured Georgia resident resides, Then the defense usually files a notice of removal to federal court under “diversity of citizenship” jurisdiction.

Rarely does a defendant in a trucking case claim “federal question” jurisdiction in federal court. However, that happened in a case recently in which we are co-counsel in five of six cases arising from a tragic crash at the intersection of I-16 and I-96 in Pooler just outside Savannah, and preparing the briefs in all six companion cases. As the plaintiffs and two defendants are Georgians, there was no diversity jurisdiction. The last defendant served filed notices to remove all six cases from the State Court of Chatham County to the U.S. District Court for the Southern District of Georgia, claiming that the Shipping Act of 1984 created federal question jurisdiction. We immediately filed motions to remand all the cases back to the State Court of Chatham County.

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This week in north Georgia there was a fatal crash between a tour bus en route to a North Carolina casino and a tractor trailer blocking traffic lanes while waiting to turn left. This happened on Georgia Highway 515 (also known as the Zell Miller Mountain Highway) at the intersection with Whitestone Road in Gilmer County.  The bus driver was killed and 43 passengers suffered a variety of injuries.

The preliminary investigation by the Georgia State Patrol  blamed the truck driver. Troopers reported that the truck driver was making a left turn onto Highway 515 southbound when he paused for traffic, leaving the trailer projecting across and blocking northbound lanes. The northbound bus driver was reportedly unable to avoid crashing into the truck’s trailer. However, first reports are not always conclusive.

This crash highlights issues with both tractor trailer operation and tour bus operation.

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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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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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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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NOTE TO TRUCK DRIVERS:

Our law practice focuses on representation of people who are seriously injured, and families of those killed, in crashes with large commercial vehicles. While those are often truck drivers, we do not handle truckers’ employment law matters. For legal advice on issues with your employer or truck driving schools, see Truckers Justice Center. 

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.

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An overturning concrete mixer truck injured former Atlanta Mayor and United Nations Ambassador Andrew Young on Monday afternoon, May 11th, at the corner of Hemphill Avenue and 14th Street, in the trendy West Midtown area just north of the Georgia Tech campus. Young, the visionary 83-year-old icon of civil rights and Atlanta politics, was taken to a hospital as a precaution.

News photos of the scene make it clear to me what probably happened. In loaded cement mixer trucks the center of gravity is high and constantly shifting. Standard truck driver training materials in the ready-mix concrete industry detail the handling characteristics. Concrete industry training materials describe how a loaded cement mixer truck will tip up on two wheels when making a ninety degree turn on level pavement at 12 miles per hour, and will roll over at 16 miles per hour.

The news photos show a typical pattern of a concrete mixer truck overturning in a right turn at an intersection.

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