Truck Accidents

Published on: August 27, 2010

Proposals to Mandate Speed Limiters on All Trucks Gather Steam

Proposals to Mandate Speed Limiters on All Trucks Gather Steam

As Atlanta truck accident lawyers, we have supported efforts by truck safety groups to get the federal administration to mandate speed limiters on all commercial trucks.Ultimately, it might be environmental concerns that help meet that goal.

We’ve known for long that reducing speed limits on trucks can help prevent the catastrophic injuries and multiple fatalities that result during high-speed truck accidents.Besides, even a reduction of 1 mph in truck speed can contribute to a 1% increase in fuel efficiency. Environmental and trucking efficiency concerns are high right now, and this May, the President asked his administration to get to work on developing a policy that would tackle fuel efficiency and greenhouse gas emission concerns.Speed limiters will help meet both these targets.

Published on: August 17, 2010

Higher Truck Weight Limits Will Impact Highway Safety

by Robert N. Katz, Esq.

A new piece of legislation that has been introduced in the U.S. Senate seeks to allow individual states to increase the gross weight limit on trucks plying the Interstate Highway System.The current gross weight limit in Georgia is about 80,000 pounds.If the legislation were to become law, trucking companies would be able to increase that weight to up to 97,000 pounds.

There are several reasons why Atlanta truck accident attorneys have a problem with this.For one, it would mean greater wear and tear on our already stretched highways.These are tough economic times, and funding for highway repairs and maintenance is already hard to source.The increased wear and tear from heavier trucks would leave Georgia’s highways compromised.

There’s another more serious reason why we strongly oppose any bill to increase funding for weight limits on trucks plying interstate highways.No matter how experienced a truck driver, he will find it a challenge to drive a trailer with an additional 17,000 pounds of cargo.Ask any truck driver and he will tell you that this is likely to be a safety concern if the bill actually becomes law.Trucking can be extremely strenuous, physically challenging work, and while experience can help, Atlanta truck accident lawyers often come across devastating truck accidents caused by experienced truckers.

Published on: July 19, 2010

Sandy Springs Man Involved in Fatal Truck Accident Arrested

by Robert N. Katz, Esq.

A truck driver from Texas, believed to have been involved in a fatal tractor-trailer accident that killed a woman from Sandy Springs two weeks ago, has now been arrested.The driver, Joseph Leon Golden drove his truck into the emergency lane, where Rosario Velez had stopped her minivan to make a call.The truck crashed into Velez’s vehicle, leaving her seriously injured.She was rushed to the Grady Memorial Hospital and died a while later.Golden has now been arrested and charged with second-degree vehicular homicide and a lane violation.Sandy Springs police have been investigating the accident.

The catastrophic damage and loss of life and property that can result from truck accidents is why trucking companies and their drivers are held to such high standards of operations and safety.Traffic violations by any motorist can have serious consequences, but when it is the driver of a tractor-trailer guilty of such violations, the results can be horrific for those unfortunate enough to be at the receiving end.

Pursuing a truck accident claim in Georgia can be complicated and daunting. In any auto accident, you’re up against the driver of the other car and /or his insurance company.In a truck accident claim, you’re up against not just the driver, but also the trucking company, the insurers, their legal team, and other experts.The entire process of filing a claim can leave an Atlanta resident intimidated and frustrated.

Published on: July 10, 2010

Risk of Trailer Accidents Increases During Summer

by Robert N. Katz, Esq.

Risk of Trailer Accidents Increases During Summer

USA Today has a report on the higher risk of towing trailer accidents during summer, when many Americans hitch a trailer to their vehicle to tow boating gear and head to the nearest lake. Summer is also when many people plan a move, increasing the risk of a trailer accident.

According to the National Highway Traffic Safety Administration, towing trailer-related accidents kill at least one person every day somewhere in the country. In Georgia alone, since 1975, these accidents have cost a total of 280 lives. Over the past two decades, such accidents have contributed to close to 8,500 injuries, which have led to a total economic loss of more than $42 million. Property damage caused from these accidents has resulted in more than $65 million in damages in Georgia. Those statistics come from dangeroustrailers.org, a website established by trailer safety activist Ron Melancon.

Published on: June 28, 2010

Federal Regulation To Decrease Truck Accidents

by Robert N. Katz, Esq.

The Federal government finally decided to crack down on truck companies and truck drivers with poor driving records. According to the Federal Motor Common Carrier Safety Administration website the “Comprehensive Safety Analysis 2010, CSA 2010, is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce commercial motor vehicle (CMV)-related truck accidents, injuries and fatalities. The initiative has three major components – measurement, evaluation and intervention.Using inspection and truck accident results, the initiative identifies carriers and drivers whose behaviors could reasonably lead to truck accidents and injuries. The FMCSA and its state partners then evaluate the data to create better methods for improving the safety of these problem drivers and companies. Finally, the initiative allows the FMCSA to intervene to resolve safety issues with trucking companies and truck drivers who are unsafe.

However, at a recent meeting in Atlanta, Georgia sponsored by Eyefortransport, trucking companies complained that the new initiative will cause an increase in driver attrition of at least 5 to 8 percent. The American Trucking Association continues to support the initiative, but seeks to have two changes. First, it only wants data regarding accidents considered if the truck driver was determined to be at fault in the accident. Second, it does not want warnings issued by law enforcement officials considered in the data.

Simply put, it is about time that the FMCSA aggressively evaluated the safety and accident records of all truck companies and truck drivers.The initiative is likely to have two significant positive impacts. First, it will result in the removal of unsafe truck drivers from our public highways and roads. Second, it will cause truck drivers to driver more carefully due to the risk of losing their commercial driver’s license.In order to decrease the number of trucking accidents, there needs to be a significant change in how truck drivers choose to driver. The initiative is long overdue and needs to continue to be strengthened and not watered down.

Published on: May 25, 2010

Rear End Truck Accidents Reviewed by Federal Agency

by Robert N. Katz, Esq.

Rear-ender accidents involving passenger vehicles hitting large commercial trucks, are far more common than we think. According to the National Highway Traffic Safety Administration, there are approximately 23,500 such truck accidents every year in the country, and these kill approximately 160 people.

The Federal Motor Carrier Safety Administration is working on technologies that will help minimize the number of these accidents. The agency is working on a number of configurations of lights that will alert motorists approaching the back of an 18 wheeler to the risk of a collision. But the most promising configuration involves two sets of six LED lights, each placed on the back bumper. When a passenger vehicle gets too close to the back of the truck, a rear-facing radar system will activate the lights, alerting the motorist to slow down. The agency has already begun testing the system, and will likely move on to dynamic testing on the highways of Virginia. The FMCSA is likely to begin field operational testing involving the placing of these systems on fleet vehicles, by the end of this year.

A commercial truck can be up to 40 times heavier than other vehicles on the road. Whether it is a rear end accident involving a large commercial truck striking a smaller vehicle, or whether the truck is the one being hit, the consequences are the deadliest for the occupants of the smaller vehicle.

Published on: May 21, 2010

New System to Protect Fraud on Commercial Drivers’ Licences

by Robert N. Katz, Esq.

New FMCSA System Promises to Eradicate CDL Fraud

In 2002, an inspector general’s report informed the Federal Motor Carrier Safety Administration of widespread Commercial Driver’s License fraud in the industry. Drivers who obtained fraudulent CDL’s were linked to a large number of accidents that resulted in fatalities and serious injuries. The fact that there is little FMCSA control over the issuance of Commercial Driver’s Licenses is one that has worried Atlanta truck accident lawyers. But not for long now. The FMCSA is in the process of rolling out a web-based system that will streamline the process of issuing CDLs to truck drivers, and limit the amount of fraud.

Once the new system is in effect, testing for CDLs will be scheduled through the system. The system will contain information of all examiners, the test site, date of the test, as well as the results.Testing that is done outside of the system will result in no CDL being issued.

Published on: April 11, 2010

Commercial Trucks to Carry Onboard Recorders

by Robert N. Katz, Esq.

FMCSA Passes Rule Requiring EOBRs on Certain Carriers

The question of having Electronic Onboard Recorders on commercial trucks has been out there for several years.The Federal Motor Carrier Safety Administration has finally made its decision. The agency has adopted a rule that will require electronic onboard recorders to be installed on the vehicles of trucking companies that are found to exceed the hours of service rules by 10%.

Failure to comply during a single review is good enough to impose the EOBR rule on a carrier. Carriers found to be in violation of hours of service for more than 10% of the time in a single review will be required to have the recorders installed for a period of two years.

Published on: March 25, 2010

Pickup Truck Drivers to Buckle Up Per Georgia Senate Bill

by Robert N. Katz, Esq.

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.

Published on: March 18, 2010

Truck Driver Safety Spearheaded by Jason’s Law

by Robert N. Katz, Esq.

The widow of a trucker, who was killed during a robbery as he parked his truck in an abandoned gas station, is spearheading legislation to allocate funds for truck stop and rest area expansion across the country.

Hope Rivenburg’s husband Jason was shot on March 5, 2009 by a robber at a gas station in South Carolina. Rivenburg was waiting for a milk store to open to make his delivery. At the time of his death, Hope was pregnant with their twins.

A year later, Hope Rivenburg is lobbying for legislators to pass Jason’s Law. The legislation will pay for a pilot program to build new parking facilities and rest areas in high-tech corridors across the country that are currently starved for such truck stops. The law will also provide for enhancement of current truck stops, opening up of current parking facilities to allow parking of trucks, and easier access to safe parking areas.