Articles Posted in Georgia Laws

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Georgia Governor Brian Kemp has rolled back his decision allowing new drivers to receive their driver’s licenses without a road test.

The order allowing drivers to skip road tests was issued on April 23rd  after the state had implemented massive social distancing measures and shelter-in-place orders in the face of the expanding COVID-19 pandemic. Last month, Governor Brian Kemp’s office released an order that immediately suspended driving tests for teen drivers. The order made no mention of rescheduling the road tests.

However, criticism from parents as well as traffic safety advocates seems to have pressured the Governor to reconsider his decision, and thankfully better sense has prevailed. Governor Kemp has now signed a new order which makes it clear that all new drivers who have received their licenses since the April order must take the road exam. After the April order suspending driving tests, as many as 20,000 Georgia teens had obtained their driver’s licenses without appearing for road tests. These teens must now take their road tests in order to retain their licenses.  The new order gives drivers until September 30th to fulfill this requirement and take their tests.  The order also provides for individuals to take the test either remotely or with a supervisor in the vehicle.

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A group of lawmakers has introduced a bill that addresses a pressing need of commercial truckers. The bill, which includes funding for expansion of parking areas, has been welcomed by the trucking industry in Georgia and drivers, especially during the recent times.

Access to safe parking areas is a serious safety issue in the trucking industry. According to federal trucking safety regulations, truck drivers are required to stop driving after a certain number of hours and rest. During these periods of rest, they must park their trucks in safe spaces and get the required minimum rest time before they can begin driving again.

Unfortunately, lack of access to safe parking has been a serious safety issue in the trucking sector. When a driver cannot find a safe and convenient place for him to park his truck, he is more likely to continue driving even beyond the maximum number of hours set by the federal administration. This can have serious consequences because a truck driver who is tired and fatigued, is much more likely to fall asleep at the wheel of the truck. Accidents involving drowsy or tired truckers are not uncommon. In fact, trucker fatigue is a major factor in truck accidents in Georgia and around the country.

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The recent times have been unprecedented in our country.  Preparations from medical to supply chain are being made across the country to meet the needs and demands of the Covid-19 pandemic.

To aid in delivering goods and supplies, the Federal Motor Carrier Safety Administration has decided to relax some of the Hours–of–Service regulations that truck drivers are required to adhere to, in order to meet the increased shipping needs caused by the Covid-19 pandemic.

Hand sanitizers, alcohol wipes, masks and other medical essentials are all in short supply in many states across the country. Panic buying, which has been seen across the country since it became clear that the Covid-19 virus outbreak would be more serious than we believed, has meant many empty shelves at supermarkets and stores across the country. People are running short of basic essentials, including even food items in many areas.

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A congressional committee, which has been convened to look at ways to trim the federal budget and reduce budget deficits, has been hearing from physician lobby groups and other representatives of the healthcare industry.According to these people, healthcare costs can be reduced by limiting damages available to patients through medical malpractice lawsuits.As any Atlanta medical malpractice lawyer will tell you, nothing could be further from the truth.Opponents of medical malpractice caps and Atlanta medical practice lawyers know that this is an old trick – raising financial concerns during these troubled economic times in order to limit patient rights to compensation after being seriously injured by medical negligence.

Medical malpractice lawsuits are an essential part of policing the conduct of doctors and other medical professionals. Just as with anyone else in our society, each medical professional should be responsible for their own conduct in causing a personal injury or wrongful death. Further, the presence of such claims forces physicians and other medical professionals to make certain they are both aware of and adhere to appropriate standards of care. In reality, approximately 5% of the physicians commit approximately 90% of the medical errors which occur. However, the medical professional has refused to revoke the medical licenses of medical doctors who are consistently negligent in their care of patients.

The Joint Select Committee on Deficit Reduction has been considering ways to reduce budget deficits, and will be considering healthcare cutbacks as part of those measures.A number of consumer safety groups, including the Alliance for Justice, Center for Justice and Democracy, Consumer Action, Consumer Watchdog, Consumers Union, Patient Safety America, Public Citizen, and Texas Watch have written a letter to the Joint Select Committee on Deficit Reduction.

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As more and more states in the country begin to experiment with increasing weight limits for trucks in order to improve trucking efficiency, trucking companies, truck safety groups and Atlanta truck accident attorneys are watching these developments with interest.From a safety point of view, there is nothing to recommend an increase in truck weight limits, no matter how much these increase efficiency. Truck accidents are some of the most dangerous and deadly accidents on our roadways. A significant portion of these accidents result in serious personal injury and wrongful death.

Several states have authorized higher truck weight limits, allowing an increase on the weight of 18- wheelers from 80,000 pounds to 97,000 pounds.Congress is also debating such increases in weight limits.Unfortunately, during a recession, calls for increases on truck weight limits have grown louder, because of the potential benefits to the trucking industry.

According to advocates for an increase in truck weight limits, such an increase will increase efficiency and productivity, lowering the number of trips needed for transportation of cargo.According to them, higher truck weight limits may also lead to lower strain and wear and tear on highways, and reduced maintenance and repair expenses.However, the number one factor behind the trucking industry’s support of increased truck weight limits is the fact that these are expected to save the trucking industry billions of dollars every year.

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Atlanta truck accident lawyers have been aware for a while now that federal trucking safety laws governing drug and alcohol use by truck drivers have far too many loopholes that allow a truck driver with a drug use history, to slip through.The new bill would plug these loopholes, essentially weeding out drug users from the system. Truck accidents generally result in severe personal injuries and a wrongful death. When these accidents involve a truck driver who has been using drugs or alcohol, the outcome is not only tragic, but preventable.

The legislation, called the Safe Roads Act, has been introduced by US Senators Mark Pryor and John Boozman.The legislation would implement the recommendations made by the Government Accountability Office, advising the establishment of a driver test database.The database would contain information about positive drug test results from commercial truck and bus drivers from around the country.

The database can be used by trucking companies before they hire a prospective employee.Doctors, trucking companies and service agents would be required to furnish updated and accurate information about positive drug test results.With accurate, reliable and frequently updated information available, trucking companies would be able to make safe hiring decisions, thereby reducing the risk of trucking accidents involving one of their vehicles.

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A piece of legislation that would substantially enhance the current network of truck stop facilities and rest areas for truck drivers, reducing the risk of fatigue-related accidents has been reintroduced in Congress. Truck accidents often result in the wrongful death of motorists or cause extremely serious injuries. The bill is widely supported by Atlanta truck accident attorneys, who believe that it would help reduce the severity of a major problem that currently faces American trucking – truck driver fatigue. Its promoters hope that Jason’s Law will be quickly approved, providing for safer rest and parking facilities for truckers nationwide.

While truck drivers are limited by the number of hours that they can spend consecutively behind the wheel, the lack of enough numbers of convenient resting and parking areas means that drivers are often forced to continue to drive even beyond their maximum work hour limits.Besides, the establishment of safe truck stops and rest areas would also keep truck drivers safe from assaults, burglaries and other crimes.

Jason’s Law is named after Jason Rivenburg, a truck driver who was killed during an assault at an abandoned gas station in South Carolina.Rivenburg was early for a delivery and parked his tractor-trailer at the gas station. After his death, his widow Hope lobbied for passage of legislation that would dramatically increase truck driver access to safe resting and parking facilities.

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Georgia House Passes Ban on Texting While Driving

The Georgia House last week passed a bill that will ban texting while driving for all motorists, and cell phone use for motorists below the age of 18. The bill will now go to the Senate, and Atlanta injury lawyers are hoping for the passing of a long-awaited legislation that will reduce the risk of distracted driving on our streets.

Bill 938 was approved by a 134-31 vote. It now goes to the Georgia Senate, and if the Senate does what Atlanta accident lawyers hope it will, then the bill will go to Gov. Sonny Perdue, and finally become law. The sponsor of the bill Rep. Allen Peake, R-Macon, says the bill is a no-brainer, given the widely recognized risks of texting while driving.

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Georgia Senate Passes Landmark Bill Requiring Pickup Truck Drivers to Buckle up

On this very blog, we have frequently discussed Georgia’s failures in enacting mandatory seatbelt laws that include pickup truck drivers. The law relegated Georgia to the backwoods of traffic safety, with our state being the very last in the country to hold on to an archaic law allowing pick up occupants to go without bucking up. Not anymore. The Georgia Senate has passed a bill that will make it mandatory for pickup truck drivers to buckle up.

The failure to buckle up contributes to the deaths of approximately 67% of all pickup drivers killed in accidents. Those rates have galvanized Atlanta car accident attorneys, and citizens groups. Buckling up might be pure common sense, but as we have seen, you need laws to get people to do the sensible thing and save their own lives. With this bill, pickup drivers in Georgia will have a much higher chance of surviving an accident.

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A new piece of legislation gives Georgia truck accident lawyers and families of victims who have died in accidents caused by drunk or pharmaceutically impaired truck drivers, plenty of cause for cheer. The legislation would set up a national database of commercial vehicle drivers’ alcohol and drug test results.

The legislation called The Safe Roads Act, has been introduced by Senators Mark Prior, D-Arkansas, Olympia Snowe, R-Maine, Ben Nelson, D-Nebraska and Roger Wicker, R-Mississippi. It will authorize $5 million every year to develop the database, and mandate trucking companies and medical review officers to report positive drug and alcohol test results to the Federal Motor Carrier Safety Administration. Employers will be required to check the database, and make sure that the driver they plan to hire, does not have a history of substance use.

Drug and alcohol testing is mandatory for commercial trucking companies. A company is required under law to conduct a drug test before a driver begins duty. In spite of this, far too many truck drivers continue to drive tractor trailers and buses after testing positive for drug and alcohol use. The system has too many loopholes to prevent such drivers from slipping through the cracks. For instance, a company could fail to verify the employee’s drug history. Applicants may not report their testing history accurately to new employers.

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