Georgia Truck Accident Attorney Blog

Published on: December 4, 2008

Two cement truck rollovers in news this week

This week there have been two news bulletins about cement truck rollover which, fortunately, did not cause any serious injuries. It could be a lot worse.

I learned through one recent case that standard concrete industry truck driver training materials emphasize how handling characteristics of such vehicles differ from other trucks. With the high center of gravity and rotating load, concrete mixer trucks can easily roll over. Industry training materials illustrate how a mixer truck will roll over at 16 mph in making a ninety degree turn on a level surface.

In a recent case, a concrete mixer truck rolled over onto a vehicle, cracking the skull of a baby his in infant seat. The truck driver admitted he was going about 25 mph when he made the turn, that he had never been trained to know the speed at which a concrete mixer truck would roll over, and would never have taken a turn as fast as 16 mph if he had known. That case, which included a claim against the concrete company for negligent training and supervision, settled.
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Published on: December 4, 2008

Truck driver medical screening and licenses to be linked

By Ken Shigley

NOTE TO TRUCK DRIVERS:
Our law practice focuses on representation of people who are seriously injured, and families of those killed, in crashes with large commercial vehicles. While those are often truck drivers, we do not handle truckers’ employment law matters. For legal advice on issues with your employer, see Truckers Justice Center.

In my truck and bus accident law practice in Atlanta, Georgia, I often find truck drivers who were not medically qualified to drive large commercial trucks.

We had one recent case where the driver who caused a crash was blind in one eye, a condition which disqualifies him from even obtaining a Commercial Driver’s License in any state. His lack of depth perception combined with excessive speed led to a head-on collision when he swerved around a vehicle that slowed to turn.

In another case the truck driver had COPD (chronic obstructive pulmonary disorder), which also is a disqualifying condition. I took the deposition of his personal physician who testified that he had told the truck driver to use supplemental oxygen at all times, 24/7, and that it was unsafe for him to drive a truck.

We also see truckers whose medical conditions require them to take medications with side effects that make it dangerous for them to drive.

Now the Federal Motor Carrier Safety Administration is taking a step in the right direction. It will require states to merge commerical truck and bus drivers licenses and drivers’ medical examination certificates into a single electronic record. Linking the two will enable states to check whether drivers have met medical requirements to operate commercial vehicles. The FMCSA also proposed creating a list of medical examiners qualified to award certificates to drivers.

A study released earlier this year found hundreds of thousands of drivers operating trucks and buses even though they had qualified for Social Security medical disability payments.

As I said earlier, this is a step in the right direction. However, it apparently will not require the examiners to look at the drivers’ personal medical records. Thus, there is little protection against drivers concealing a history of disqualifying conditions that may not be immediately apparent in an exam.

There is also no requirement to screen for chronic obstructive sleep apnea, which is common among truck drivers and contributes to an untold number of fatigue-related crashes. However, we often see truckers who resist even going to a doctor for evaluation because they known diagnosis could endanger their driving jobs. I can certainly understand the fears of such drivers, but any disqualifying condition that is left untreated can pose a lethal risk to other motorists on the highway.
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Published on: December 3, 2008

The future of intellligent transportation systems

By Ken Shigley

While I make my living and support my family as a trial lawyer representing people badly in hurt in truck and bus crashes — and the surviivors of those who do not survive — the ultimate objective is to improve safety and reduce the incidence of future injuries and deaths.

While much of safety management in trucking is just common sense and effective management, technology can also provide tools to improve safety. Last month in New York, the 15th World Congress on Intelligent Transportation Systems exhibited several new advances in trucking safety technology. Of course, it will help improve safety only if it is purchased and used.

* Integrated corridor management would use “congestion pricing” to address regional traffic problems. Congestion pricing is the practice of charging more to use a roadway, bridge or tunnel during periods of the heaviest use in order to ease traffic.

* Integrated Vehicle-Based Safety Systems (IVBSS) combines lane departure warning, forward collision warning and blind-spot monitoring into a single system, eliminating distracting and competing warning signals for drivers. Volvo demonstrated a version of VBSS that uses active steering control to keep the vehicle in its lane and to help avoid blind-side collisions in lane changes, as well as providing object detection alerts and rollover warning. The Nissan version of VBSS includes active braking tied to forward and rearward object detection as well as a variety of warning systems based on two-way “cooperative” communications between the vehicle, roadside signals and other nearby vehicles.

* “Trusted Truck” technology would allow heavy vehicles to bypass roadside inspections by use of truck sensors and real-time two-way wireless communications to provide roadside officers with vehicle safety information as the truck approaches the inspection site. An onboard screen then instructs the driver to either bypass the inspection if there are no problems or to pull over. The Volvo system also automatically alerts fleet management if the truck is stopped, providing data on the detected vehicle problems.

* Advanced electronic freight management systems.

* Initiatives to increase truck-parking access.
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Published on: December 1, 2008

$23.5 million verdict against Swift Transportation for spinal cord injury to Yellow Freight employee

By Ken Shigley

A Kansas federal court jury has awarded a $23.5 million verdict for a serious spinal cord injury arising from a 2006 wreck in New Mexico, according to a news story by Ron Sylvester of the Wichita Eagle. The judge reduced the amount to $15.3 million because the jury decided the driver of the other truck was only 65 percent at fault.

A Swift Transportation truck driver was backing up from a rest stop onto the highway when she hit a Yellow Freight truck. The driver of the Swift Transportation truck tested positive for methamphetamine but claimed she was rear-ended. Accident reconstruction proved that story to be false.

The driver of the Yellow Freight truck was killed and the passenger / co-driver had a severe spinal cord injury. This verdict was for the spinal cord injury victim. The wrongful death case is set for trail next spring.

This was not the biggest verdict against Swift Transportation. Last year an Arizona jury awarded $36.5 million to the family of a man killed in a collision with Swift trucks.

At this firm we frequently represent truck drivers who are injured by the negligence of other truckers.
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Published on: December 1, 2008

Report on the Motor Carrier Safety Advisory Committee (MCSAC)

By Ken Shigley

This morning I monitored a telephone conference meeting of the Federal Motor Carrier Safety Administration’s Motor Carrier Safety Advisory Committee (MCSAC).

They will have a two day meeting in Washington on December 9th and 10th to work on a letter report to the Administrator outlining
– innovative safety initiatives and programs that have the potential to reduce the number of truck and bus fatalities,
– research and development activiites to assess the potential for new safety technologies, and
– enhanced driver qualification standards and driver safey fitness ratings.

Much of the discussion was about semantics — use of the term “public-private partnerships.” They finally agreed to tweak the language to make it clear that they were not talking only about public-private partnerships.

There are two openings on the committee for law enforcement representatives. Nominations are due by this Thursday, December 4th.
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Published on: November 30, 2008

Should there be a mandatory retirement age for truck drivers?

By Ken Shigley

Driver fatigue is a major cause of catastrophic truck crashes. Michigan attorney Terry Coleman suggests that the correlation of fatigue, slow reaction time and aging should lead to imposing a mandatory retirement for truck drivers at age 65, the same age at which airline pilots are required to retire. While I share the concern for trucking safety, I respectfully disagree with the conclusion.

Having known individuals who retained their full strength and faculties to age 80 and beyond, and others who were debilitated at 45, I am increasingly skeptical of mandatory retirement ages in any field. Rather, I would favor annual testing of key functions – vision, hearing, reaction time, etc. – beginning at perhaps age 60 or 65.

If an individual has the physical and mental ability to working productively and safely, he or she should not be restrained by an arbitrary age limit. And if a younger person is not capable, he or she should not be piloting an 80,000 pound vehicle through highway traffic.
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Published on: November 29, 2008

Motor Carrier Safety Advisory Committee agenda

By Ken Shigley

The Federal Motor Carrier Safety Administration’s Motor Carrier Safety Advisory Committee announced a telephone conference meeting for Monday, December 1, 2008 12:00 pm – 1:00 pm EST. Here is the rather opaque agenda that has been announced.

1. Call to Order Larry W. Minor, Designated Federal Official, MCSAC
2. Opening Remarks David R. Parker, Chair, MCSAC
3. New Business Warren Dunham, Facilitator, MCSAC a) Approval of Task Statement 09-01 (National Agenda for Motor Carrier Safety)
b) Review of 2009-2010 Proposed Meeting Dates
4. Adjournment Larry W. Minor, Designated Federal Official, MCSAC
Members of the public may access the meeting by telephone conference.
Bridge Line: 1-877-940-3750, Passcode: 1435220 Web Link: http://fhwa.na3.acrobat.com/mcsac Continue reading →

Published on: November 27, 2008

Obama transition team hears truck safety debate points

By Ken Shigley

While my perspective is that of a trial lawyer handling truck and bus accident injury cases in Atlanta, Georgia, it is necessary to keep up with developments nationally. Therefore, I am following how trucking safety issues are on the agenda for the new administration in Washington.

Last Monday, the transportation transition team met with representatives of major trucking industry interest groups including the American Trucking Association (ATA), the Truckload Carriers Association, Commercial Vehicle Safety Alliance, National Private Truck Council, the Owner-Operator Independent Drivers Association (OOIDA), and the truck manufacturers.

According to a report by Jami Jones of Land Line Magazine, some of the issues on which conflicting opinions were presented included:

– Truck size. The American Truicking Association favors using longer and heavier trucks for “productivity improvements.” The OOIDA and others counter that this would take a toll on the nation’s highway and bridge infrastructure.

– Loading and unloading time. The OOIDA representative pointed out that many drivers spend 30 to 40 or more hours per week waiting at loading docks to get loaded or unloaded. Addressing the waiting time problems at loading docks would improve productivity, as well as enhancing safety by helping encourage compliance with hours of service and reducing driver fatigue.

– Speed limiters. The ATA argues for speed limiters on trucks for reasons of safety and energy conservation. The OOIDA contends that speed limiters would hurt the incomes of truck drivers who are paid by the mile, and would have negative safety effects by ability to change lanes and move with the flow of traffic.

– Pressure from brokers, shippers, receivers and motor carriers. The OOIDA representative pointed out the the FMCSA concentrates too much of its enforcement efforts on drivers, while ignore the relationship between highway safety and the coercive demands of freight brokers, shippers, receivers and motor carriers upon drivers. The OOIDA representative pointed out that pointed out that truckers are under immense pressure from motor carriers, shippers and receivers. And that pressure is far more pervasive than the threat of any inspection scheme by FMCSA. “Unless those economic issues are addressed, drivers who become disqualified from driving … for safety violations will simply be replaced by new drivers facing the same economic pressures,” he told the transition team.

That is consistent with horror stories about economic pressures to violate safety rules I have heard from numerous truck drivers over the years.

– Truck parking and idling. Hours of service regulations require truck drivers to take mandatory rest periods. However, there are often inadequate spaces available for trucks to park and local governments restrict truck parking. Representatives urged a national approach to availability of truck parking for rest.

– Other topics discussed included electronic on-board recorders, parking shortages, idling regulations, highway financing and driver training.
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Published on: November 26, 2008

FMCSA Motor Carrier Safety Advisory Committee meetings on Dec. 1 and 10

By Ken Shigley

The Federal Motor Carrier Safety Administration’s Motor Carrier Safety Advisory Committee (MCSAC) announced on November 26th, the day before the Thanksgiving holiday, that it will hold committee meetings on Dec. 1, the day after the holiday weekend, and Dec. 10. The announcement did not include any indication of what will be on the agenda.

The December 1 meeting, from 12 to 1, will be accessible by conference call, though the announcement did not include direct information on how to access it.

I sent an email on Wednesday, shortly after the announcement came out, asking for the agenda, and did not receive any response. I will try again.

I try not to be too cynical, but the closing days of any administration, when the outgoing officials may be tempted to feather their nests for future jobs in the industry they regulate, is a time to be especially watchful. That’s true no matter which party is going out or coming in.

The December 10th meeting is apparently accessible only to those able to attend in person in Washington, DC.

The announcement stated that for more information, one should contact Jeffrey Miller, Chief, Strategic Planning and Program Evaluation Division, Office of Policy Plans and Regulation, Federal Motor Carrier Safety Administration, Department of Transportation, 1200 New Jersey Avenue SE, Washington, D.C., 20590, (202) 366-1258, or via e-mail to mcsac@dot.gov.
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Published on: November 26, 2008

Trucking hours of service debate continues

By Ken Shigley

A few days ago, the Federal Motor Carrier Safety Administration published a final rule adopting the provisions of its 2007 interim final rule, increasing the maximum driving time from 10 to 11 hours per day, out of 14 hours on duty.

According to a report by Jill Dunn on e-Trucker.com, the FMCSA and American Trucking Association — whom some cynics may charge are joined at the hip — claim that large truck crash, injury and fatality rates have reached the lowest point since the USDOT began recording statistics.

The Teamsters Union, by contrast, claims that the percentage of fatal crashes resulting from driver fatigue rose 20 percent in 2005 from 2004.

Public Citizen President Joan Claybrook says that DOT statistics show that deaths among large trucks occupants increased from 726 to 805 from 2003 to 2006. She also points out that the newest HOS rule does not require electronic on-board recorders which are required in Europe.

A determined advocate can prove anything with statistics. But based on the common sense of humanity, it seems like common sense that any driver is more fatigued and more accident prone in the eleventh hour of driving.
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