driver history

Published on: July 27, 2021

Past Driver Behavior is a Major Accident Indicator

Drivers who have a history of rash or negligent driving practices are very likely to continue indulging in these practices in the future, increasing their risks of an accident.

According to researchers at the Virginia Tech Transportation Institute, past driver behavior is a very good indicator of future accident risk. In other words, drivers who have a history of poor driving, including speeding, drunk driving, driving under the influence of drugs and distracted driving are very likely to continue to engage in these practices. According to the researchers, this is the reason why we saw increased traffic accident fatalities in 2020 in spite of a reduction in traffic volumes. Even with lower volumes of traffic, Atlanta roads saw a higher number of traffic accident fatalities last year, with distracted driving, speeding and drunk driving pushing those numbers upward.

Past behavior is a reliable indicator of future driving. For example, a motorist who has a history of driving at high speeds will continue to be at risk of speeding. If anything, the behavior of such drivers is only exacerbated when the roads are less congested. In 2020, the streets saw lower traffic crash traffic volumes, but the empty streets only encouraged drivers who were already very prone to speeding to drive at very high speeds.

Published on: October 23, 2019

Records of Truckers’ Drug History Will Be Available to Employers in 2020

by Robert N. Katz, Esq.

Far too many truck accidents are caused every year by drivers under the influence of drugs, especially those like methamphetamines which are specifically taken to help drivers stay awake for long periods of time. When the effects of these drugs wear off, the driver may feel extremely fatigued and may fall asleep at the wheel. This sets up not only the truck driver but everyone he is sharing the road with for a catastrophic accident with deadly results.

For years, truck drivers have been able to conceal records of their drug and alcohol use. This was because of a loophole in the law that failed to provide a system through which potential employers could look at an applicant’s drug and alcohol use records. Fortunately, that will change soon.

Beginning in January 2020, all trucking companies will be required to check if the potential truck driver recruit they are planning to hire has a history of drug and alcohol use on the job. They can do this by going through the Drug and Alcohol Clearinghouse which contains these records.

Published on: May 28, 2011

MARTA Bus Driver in Dragging Accident Incident Has History of Bus Accidents

by Robert N. Katz, Esq.

The MARTA driver, who was operating the bus involved in a dragging accident that left a 62-year-old woman seriously injured, has been involved in bus accidents earlier.The woman, Belinda McMillian has been fired since the accident, but records suggest that she had a history of bad behavior on the job. As an Atlanta personal injury attorney, I have too often seen companies fail to rid themselves of problem drivers.

According to her personnel file which runs into 420 pages, she once crashed her bus into a parked car, causing the car to hit another vehicle.In another incident, her bus clipped the mirror of another parked vehicle.Her personnel report also shows plenty of complaints from passengers about her abusive nature.

However last Sunday, McMillian outdid herself.The 62-year-old passenger, who uses a walker, had just gotten off the bus and turned around when she realized that she had left her purse on the bus.Her arm got caught in the closing doors of the bus.What happened next was a nightmare for the woman.McMillian continued to operate the bus, driving on, while dragging the elderly woman alongside the bus.The woman was dragged more than 60 feet, before witnesses got McMillian to stop the bus.When the bus stopped, McMillian opened the door at which point the lady fell on the road.Not bothering to check on the lady, McMillian simply drove off from the scene.

Published on: May 18, 2010

Woman in Atlanta Pedestrian Accident Had Prior Hit and Run Conviction

by Robert N. Katz, Esq.

It wasn’t the first time that Cynthia Parham had knocked over a person and fled the scene of the accident. She had a prior hit-and-run conviction back in 1983, and is now accused of another hit-and-run in Atlanta, that seriously injured an eight-year-old boy.

The most recent accident occurred on 10 May, when the victim was walking with his mother on a crosswalk at an intersection near interstate 285. Parham’s car struck the boy, and dragged him approximately 150 feet. He sustained serious life threatening injuries. Parham left the scene of the accident. Fortunately, witnesses at the scene were able to testify to police, and officers located the car at her home a short while later.

It now turns out that Parham has had several brushes with the law. She was convicted for hit-and-run back in 1983. She also served six months in prison on charges of burglary in 1982. She has also been involved in a whole bunch of other cases involving criminal trespass, forgery and simple assault. In 1995, she faced misdemeanor charges of being party to a crime, but that charge was later dismissed.

Published on: May 31, 2009

New Legislation will make it Easier for Truck Companies to Weed out Bad Drivers, Prevent Accidents

by Robert N. Katz, Esq.

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.

Published on: March 26, 2009

Failure to Screen Bus Companies Places Athletes at Risk for Accidents

by Robert N. Katz, Esq.

Back in 2007, a bus accident in Atlanta, involving a vehicle carrying baseball players of Bluffton University, Ohio killed seven people on board, including five players, the driver and his wife. That accident was blamed on driver error, as well as the failure of the Georgia Department of Transportation to maintain important traffic safety devices.

A new report by ESPN brings back memories of that tragic accident, and underscores how much at danger our college athletes are when they travel in buses that are operated by companies with a bad safety record.An analysis done by ESPN’s Outside the Lines shows that between 2007 and 2008, hundreds of college teams and athletes traveled on buses operated by companies that have frequently failed to comply with federal bus safety standards. During this period, close to 85 Division I universities used charter bus companies that were found to be deficient in at least one federal safety score.Even worse, of these 85 universities, close to 35 were been found to have hired buses from companies that have more serious safety infractions on their record. These companies have what is called a "constitutional rating," meaning that the schools should have been refrained from using the company.

Problems at a number of these bus companies used by colleges and universities included faulty maintenance of the buses.Drivers were found to be less than qualified, and too inexperienced to operate these buses. Tinkering of log books was found to be widespread.Manipulating log books allows drivers to clock in more number of hours than is permitted, ending up with more money for the driver, but seriously jeopardized safety for the passengers of the bus. Drivers were also allowed to work for several days before undergoing drug and alcohol testing. Other more serious problems included malfunctioning emergency exits. Studies indicate that bus companies that are found to be deficient in safety scores have a higher incidence of accidents. What’s worse is that authorities at colleges, who had used these buses frequently, when contacted by the ESPN team, were simply unaware that the companies had all these violations to their credit.