Georgia Truck Accident Attorney Blog

Published on: July 5, 2009

Safety advocates seek speed governors on trucks

Safety advocates, led by Stephen Owings, an Atlanta financial planner, are joined by the American Trucking Association in seeking rules requiring speed governors on interstate commercial trucks. They say the devices will save both lives and money.

Owings started Road Safe America after his son, Cullum, was killed on a Virginia interstate in 2002. Stuck in traffic, they were hit from behind by a big rig traveling on cruise control set at 7 mph over the speed limit. When I chaired the Southeastern Motor Carrier Liability Institute in 2005, Steve Owings was one of our speakers.

Opposing them is the Owner-Operator Independent Drivers Association. It says mandatory speed governors are likely to lead to more collisions (when a driver needs extra horsepower for an emergency maneuver) and increase traffic congestion (when a speed-limited truck attempts to pass another.

Stay tuned to see how this plays out in the FMCSA rule-making process.
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Published on: July 2, 2009

Ice cream truck driver injured in collision with 18 wheeler

By Ken Shigley

The driver of an Atlanta ice cream truck was seriously injured this morning when a tractor trailer pulled out in front of him.

According to a report by Chip Towers in the AJC, a tractor trailer on Camp Creek Parkway turned left on a green light, but without a green turn arrow. An ice cream truck traveling in the opposite direction had the right of way and was unable to avoid collision. The tractor trailer also collided with a county public works vehicle.

Federal Motor Carrier Safety Regulations require compliance with local traffic laws, including Rules of the Road regarding proper turning.

We often see truck-car collisions in metro Atlanta in the morning hours that involve truckers who have driven all night and make misjudgments due to fatigue when they get into Atlanta traffic. Of course, it is pure speculation to guess that could be a factor.

However, in such a case it is always important to promptly request preservation of driver logs, trip documents, and an array of other records all interstate trucking companies are required to maintain. Some records, especially satellite communications GPS data, may disabppear within a few days. Drivers logs are only required to be kept six months.
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Published on: July 1, 2009

Another family killed when rear-ended by a tractor trailer

By Ken Shigley

No matter how often it happens, the useless tragedy is never less shocking.

About 4 AM last Friday on I-65 in Indiana, a family of five was killed when a tractor trailer rear-ended their vehicle which had slowed for traffic

Several years ago, something similar happened to a family in our neighborhood in Sandy Springs. The parents survived but their lovely teenage daughter, who had been a friend of my daughter since kindergarten, was killed instantly when a tractor trailer ran right over them as they slowed for congested traffic on I-20 in Alabama. After seeing so many incidents of this sort, I automatically hit the hazard flasher button whenever traffic slows ahead of me on the expressway.

The predawn hours are an all too common time for this sort of crash. Driver fatigue and efforts to keep driving despite sleepiness are often a factor.

Investigation of such incidents should include tracking down and examining all driver logs, trip receipts, Prepass records, weigh station records, bills of lading, etc., etc., to determine whether there were violations of hours of service rules in the Federal Motor Carrier Safety Regulations. It should also include investigation of the driver’s medical history, including any disqualifying medical conditions and use of prescription or non-prescription medications that may affect alertness.
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Published on: June 30, 2009

18 wheeler kills family in Mississippi

By Ken Shigley

Last Tuesday in Magee, Mississippi, a tractor trailer crashed into the rear of a family van stopped at redlight. All four members of the family in the van were killed.

The 18 wheeler was operated by JNJ Express of Memphis. According to the Federal Motor Carrier Safety Administration, JNJ Express is a general freight hauler with 181 power units, 184 drivers and 11 injury crashes within the past 24 months. Only a first layer of insurance coverage, in the amount of $1,000,000, is listed on the FMCSA web site.
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Published on: June 30, 2009

9 killed in Oklahoma tractor trailer crash

By Ken Shigley

On Friday, 6/26/09, on I-44 near Miami, Oklahoma, a tractor trailer slammed into a line of stopped traffic, killing nine people.

The tractor trailer driver apparently made no attempt to slow or stop. Whether the driver was fatigued or distracted was not immediately reported.

Witnesses described the pileup in 100 degree heat as looking like a war zone, filled with twisted metal and dead bodies.

Investigation and discovery in such an incident should include careful examination of the driver’s logs, trip receipts, bills of lading, Prepass records, driver qualifications, and a long list of other operational records, as well as the driver qualifications, vehicle maintenance, etc.

Reportedly the tractor trailer was 76 years old. We have handled several cases in which elderly truck drivers made tragic errors related to their medical conditions, including COPD (chronic obstructive pulmonary disorder) or obstructive sleep apnea. While there is no hard age limit on truck drivers, the potential relation between age and physical condition is well known. One must question whether there were any violations of Driver Physical Qualification rules uner 49 CFR Part 391.41, including:

– Has no loss of a foot, a leg, a hand, or an arm.
– Has no established medical history or clinical diagnosis of diabetes requiring insulin for control. (injection only)
– Has no clinical diagnosis of any disqualifying heart disease.
– Has no clinical diagnosis of epilepsy.
– Has 20/40 vision or better with corrective lenses.
– Has the ability to recognize the colors (red, green and amber) of traffic signals.
– Has hearing to perceive a forced whisper.
– Has no history of drug use.
– Has no clinical diagnosis of alcoholism.

Compounding the tragedy is the fact that the amount of liability insurance required of interstate motor carriers has not been adjusted for inflation in decades. The minimum requirement of $750,000 — or the more common $1 million policy — is grossly inadequate for a tragedy of this magnitude. Attorneys working on such a case must explore all other potential sources of liability coverage, including a separate MCS-90 endorsement on the trailer, and potential exposure of shippers, brokers, etc., though those are tough theories of liability.
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Published on: June 28, 2009

Legislation would require Electronic On-Board Recorders in all interstate trucks in 4 years

By Ken Shigley

As long as truck drivers for interstate motor carriers have been required to log their driving, on duty and off duty time, falsification of logs has been common. Some drivers — though certainly not all — have regarded their logs as “comic books.” We have unraveled webs of deception to show that driver logs in some of our cases were complete falsifications.

Now legislation has been introduced in Congress that would require foolproof Electronic On-Board Recorders (EOBRs) in lieu of paper logs. The new highway reauthorization bill mandates EOBRs to track Hours of Service compliance for all commercial motor vehicles within four years of enactment.

The proposed legislation is substantially stronger than a proposed regulatory rule that would require only motor carriers with a demonstrated a history of serious noncompliance with the Hours of Service rules to install EOBRs.
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Published on: June 26, 2009

What’s under those “China Freight” containers on the roads? FMCSA has new safety rules for intermodal chassis.

By Ken Shigley

If you stand on River Street in Savannah for more than a few minutes, you will see a huge ocean-going container ship gliding up the Savannah River, stacked high with hundreds of freight containers.

Then if you drive along our Interstate highways you will see those shipping containers bolted to trailer chassis (referred to as “intermodal equipment”), pulled by road tractors.

A problem is recent years was a gap in safety rules and enforcement regarding the trailers to which the freight containers were attached at the ports. Many of the trailer chassis are old, ragged-out trailer chassis with just a fresh coat of paint.

Now the Federal Motor Carrier Safety Administration is doing something about it. Under the new rules, which became effective June 17th and will be implemented over the next two years:

– Drivers must do a pre-trip inspection of intermodal equipment.

– At the end of the day, the driver will have to fill out an inspection report on all of the equipment operated during the day, noting anything wrong with the equipment to the intermodal equipment provider.

– Before that equipment – which will have to carry a U.S. DOT number – can be offered for use on the road again, any damage, defect, etc., noted on the end-of-the-day report is to be certified as repaired on the original report.

– Inspection reports must be retained three months.

– Intermodal equipment providers to develop “systems” for routinely inspecting the equipment; accepting, addressing and storing the driver reports; repairing equipment, etc. However, the rule does not mandate what those systems are.

– Intermodal equipment providers will also now face “roadability review” safety audits conducted by either an FMCSA employee or a state or local government employee funded by the federal government. The reviews will be an on-site examination of the intermodal equipment provider’s compliance with the regs.
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Published on: June 9, 2009

Death in tractor trailer wreck on I-85

By Ken Shigley

On June 5th, there was another fatal accident involving tractor trailers in Georgia.

The seven vehicle fatal pileup involved an RV, two tractor trailers and four passenger vehicles were involved in the accident near Dry Pond Road in Jackson County.

There was an accident about 3:30 AM which resulted in a traffic backup. A second accident about 5:30 AM under the Dry Pond Road bridge.

In our trucking accident trial practice, we have often seen cases of truck crashes between midnight and 6 AM when truck drivers are fatigued and driving at times contrary to the natural circadian rhythms.

Federal Motor Carrier Safety Regulations often referred to in cases where tired truckers wreck include the following:

49 C.F.R. § 392.3, Driver Impairment.

No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.

FMCSR, 49 C.F.R. § 390.11 Motor carrier to require observance of driver regulations.

Whenever … a duty is prescribed for a driver or a prohibition is imposed upon the driver, it shall be the duty of the motor carrier to require observance of such duty or prohibition. If the motor carrier is a driver, the driver shall likewise be bound.

FMCSR, 49 C.F.R. § 390.13, provides that
“No person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules of this chapter.”

It does not say “no motor carrier.” A company owner who makes irresponsible dispatching decisions may become an individual defendant.

FMCSR, 49 CFR 390.5 defines “person” as follows:

Person means any individual, partnership, association, corporation, business trust, or any other organized group of individuals.

FMCSR, 49 CFR § 395.3 Maximum driving time for property-carrying vehicles.

Subject to the exceptions and exemptions in § 395.1:

(a) No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle:

(1) More than 11 cumulative hours following 10 consecutive hours off duty; or (2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of § 395.1(o) or § 395.1(e)(2).
(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, for any period after-
(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or (2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

FMCSR, 49 CFR § 395.8 Driver’s record of duty status.

(a) Except for a private motor carrier of passengers (nonbusiness), every motor carrier shall require every driver used by the motor carrier to record his/her duty status for each 24 hour period using the methods prescribed [herein]….
* * * *
(e) Failure to complete the record of duty activities of this section or § 395.15, failure to preserve a record of such duty activities, or making of false reports in connection with such duty activities shall make the driver and/or the carrier liable to prosecution.
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Published on: June 9, 2009

Anne Ferro picked to head Federal Motor Carrier Safety Administration

By Ken Shigley

The Obama administration has announced that Anne Ferro will be nominated to head the Federal Motor Carrier Safety Administration.

She is currently president of the Maryland Motor Truck Association, a trucking industry organization. Previously she ran the Maryland Motor Vehicle Administration, administering drivers licenses.

Her nomination drew immediate praise from trucking industry officials.

But the Truck Safety Coalition, Parents Against Tired Truckers, Citizens for Reliable and Safe Highways (CRASH). and Teamsters Union have expressed concerns about her commitment to trucking safety.

The more things change, the more they stay the same.
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Published on: June 7, 2009

Obesity and sleep apnea a double threat for trucking safety

By Ken Shigley

Obesity is a big risk factor for obstructive sleep apnea, which is a huge risk for drowsy drivers causing crashes.

And long days of sedentary, solitary work, legally driving up to 11 hours in a 14 hour work day, with no easy access to either healthy food or a place to safely exercise, promotes obesity.

It is no wonder then that long haul truck drivers often suffer from both obesity and obstructive sleep apnea.

MSNBC reported this week that a Harvard sleep scientist, Dr. Stefanos N. Kales, has published an article in the Journal of Occupational and Environmental Health, calling for mandatory sleep apnea screening of commercial truck drivers.

“Screenings of truck drivers will be ineffective unless they are federally mandated or required by employers,” said Kales, whose study included more than 450 commercial drivers working for more than 50 firms.

Sleep apnea is a disorder that causes a person’s airways to collapse during sleep, cutting off breathing dozens – or even hundreds – of times a night. Because sufferers wake over and over, they’re never fully rested and their bodies are chronically deprived of oxygen. That can cause health problems ranging from heart disease to diabetes and symptoms that include daytime sleepiness and a tendency to nod off during normal activities.

“It can be a microsleep for few seconds,” said Kales. “That can be enough to throw a truck off the road.” The results can be devastating.

According to Kales, up to 20 percent of truck crashes are caused by drivers who fall asleep, and up to 28 percent of commercial drivers have sleep apnea. That works out to as many as 3.9 million of the roughly 14 million commercial drivers. The 28 percent rate among truckers compares poorly with about 4 percent of men aged 30 to 60 in the general population.

“A driver is impaired by fatigue long before he falls asleep,” said Jeff Burns, a lawyer representing the Truck Safety Coalition, a safety advocacy group.

Trucking industry groups routinely reject concerns about obesity and sleep apnea.

The Federal Motor Carrier Safety Administration’s Medical Review Board has recommended mandatory sleep apnea screening for commercial truck drivers, but the FMCSA does not appear to have the issue on its agenda for action in the near future.
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