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.
Ken Shigley is past president of the State Bar of Georgia (2011-12). His law practice focuses on representation of plaintiffs in cases of serious personal injury and wrongful death, including those occurring in commercial truck and bus accidents.