Truck Accidents

The Federal Motor Carrier Safety Administration (FMCSA) is responsible for keeping track of safety violations and other legal violations made by commercial truck and bus companies within the U.S. If a company’s violations are particularly dangerous, repetitive, or common, the FMCSA has the power to put the company “out of service,” forcing it to stay off the roads until the issues are corrected.

In recent months, however, the FMCSA has found that its outdated computer systems – which are maintained separately and do not share information with one another – are making it increasingly difficult for the agency to keep up with “chameleon carriers.”

Chameleon carriers are companies that don’t bother to fix problems when they’re placed out of service. Instead, they just shut down the company and start again under a new name and DOT (Department of Transportation) number.

This action is barred by FMCSA regulations, but without integrated information systems, the FMCSA often finds it hard to figure out which new carriers are “chameleons.” The confusion makes it easier for companies to get away with continued problems instead of fixing them, and also increases the chances that these companies will cause serious harm in a semi truck accident.

Recently, however, members of Congress have mentioned that upgrading the FMCSA’s ability to identify and stop chameleon carriers is a priority. Many are backing additional funding for FMCSA to implement the plan it has already created to upgrade its systems and bring truck and bus regulation enforcement into the 21st century.

Truck accidents can cause serious injuries. If you’ve been hurt in a truck crash, call the dedicated Georgia truck accident attorneys at The Law Offices of Wayne Grant, P.C. today. We have the legal resources and the real-world experience to help you find out exactly what happened and hold any negligent parties accountable for their acts. For a free, confidential consultation by phone, call us today at (404) 995-3955.

The American Trucking Association (ATA) recently asked a federal court to review the new hours of service (HOS) rules passed recently by the U.S. Federal Motor Carrier Safety Administration (FMCSA).

The new rules restrict the total number of hours drivers can work. Previously, drivers were allowed to drive 11 hours per day and to be on duty for a total of 14 hours. They could not drive more than 80 hours in 7 days, and were expected to rest for at least 34 hours before starting a new “countdown.”

The new rules leave the 11-hour and 14-hour requirements in place, but limit the total hours to 72 in 7 days, with a 34-hour rest period in which drivers are required to sleep between 11 p.m. and 5 a.m. Drivers are also required to take half-hour breaks at least once every 8 hours.

The ATA’s brief asks the Circuit Court of Appeals for the D.C. Circuit to review the rules to determine if they are “arbitrary and capricious.” The ATA argues that they are, and that the new limits are not based on any scientific or factual basis. The FMCSA, however, disagrees, saying the new rules are based on the latest research into human sleep patterns and preventing truck driver fatigue – a key source of truck and bus accidents.

Truck accidents can cause serious injuries. When a large truck collides with a small car, those in the small car often suffer the worst of the damage. The experienced Atlanta truck accident attorneys at The Law Offices of Wayne Grant, P.C. have the legal resources and courtroom experience to help injured drivers. To learn more, call us today at (404) 995-3955 for a free and confidential case evaluation.

Commercial trucks go by multiple names: big rigs, tractor trailers, semis, or 18 wheelers. They exist in a special class of vehicles, which weigh up to 80,000 pounds and that are the largest and heaviest on the highways. They are required to operate under strict safety standards set forth by the state and federal government. Any miscalculation or neglect in the operation of large commercial vehicles leaves other motor vehicle drivers extremely vulnerable, and can result in tragic large truck accidents.

A crash is typically classified as a runaway truck accident for a number of factors, all of which usually include problems with speeding. This type of accident happens if the velocity of the trailer in tow does not equal the velocity of the truck. This often results in a loss of steering control, greatly increasing the chance of accidents. And in some instances, the back trailer may come loose from the truck to careen treacherously along the highway, creating deadly threats to surrounding motorists.

Specific causes of runaway truck accidents may include:

• Severe declines in the road
• Dangerous conditions, like bad weather or debris
• Mechanical or equipment problems
• Malfunction or failure of the brakes
• Abrupt turns and/or braking
• Miscellaneous reckless driving
• A trailer that is overpacked and too heavy

In runaway truck accidents, the driver, the truck company, or the city or state may be held legally responsible for damages, depending on the specific circumstances of the accident. If you or a loved one has been injured in a runaway truck accident in Georgia, contact the Georgia runaway trailer accident attorneys with Wayne Grant at 1(866) 249-5513 for a free case review today.

The U.S. Department of Transportation (DOT) is debating a revision to what’s called the “hours of service rules” for commercial vehicle operators. The rules mandate the frequency and length that any commercial driver can stay on the job during any given shift. The potential shift may decrease the allowed hours from eleven to ten in each 24 hour period, according to reporting by the Worcester Times. The revision may also demand additional mandatory rest periods between the hours of 12:00 am and 6:00 am, a time window relished by truckers for its light traffic, but feared by other vehicle drivers for its propensity to induce deadly levels of driver fatigue.

Big rigs (also known as 18 wheelers, semis, or tractor trailers) are among the most dangerous vehicles on the road due to their immense and imposing size and weight. The slightest miscalculation, lapse in judgment, or negligent action by a driver can result in catastrophic accidents.

Common types of truck driver negligence that may indicate negligent behavior include:

• Driving too fast, whether above the legal limit or above what is safe for the current road conditions;
• Driving while tired or drowsy;
• Distracted driving, including but not limited to cell phone, GPS, and PDA use, text messaging, and eating;
• Unsafe maneuvers, such as unpredictable lane changes or turns, erratic braking, and failure to brake properly;
• Failure to properly maintain a truck, or overloading it with cargo; or
• Driving under the influence of alcohol or a controlled substance.

Safety must be first on every commercial driver’s list of priorities on the highway. If you or a loved one has been injured in a Georgia highway accident involving a commercial truck that you think was at fault, call the Atlanta truck accident attorneys with The Law Office of Wayne Grant, P.C. Call 1(866) 249-5513 for a complimentary case review today.

Distracted driving has become a growing concern for all drivers nationwide. However serious distracted driving or cell phone accidents may be with common passenger cars, they are substantially more severe when the accident involves a commercial vehicle. The devastating results of recent commercial vehicle accidents involving cell phones have prompted the proposal of a federal ban on all cell phone use for commercial vehicle drivers, according to The New York Times.

Bus drivers were banned from cell phone use after a crash in 2004 and, very recently, all commercial operators of marine transportation and railroad transportation were banned after a 2010 barge and tourist vessel crash in Philadelphia and a 2008 train crash in California.

Although some states already have texting and hand-held cell phone use bans for commercial truck drivers, the move towards a federal regulation was made after a tragic Kentucky big rig crash killed 11 people, including the truck driver, after colliding with a passenger van. Investigation into the collision revealed that the driver had used his cell phone 69 times while driving over the previous 24 hours and had in fact made a call minutes before the crash.

The American Trucking Associations (ATA) largely agrees with the National Transportation Safety Board’s (NTSB) recommendation to ban cell phone use for commercial truck drivers. Although truckers are not calling for a ban on all cell phone use, they do believe that a ban on texting and hand-held cell phone use is an important step.

The immense size and weight of semi trucks makes them exceedingly dangerous in a crash, which is why commercial truck drivers must be alert at all times. If you or a loved one has been injured in a truck accident in Georgia as the result of truck operator negligence, the experienced tractor trailer accident attorneys in Atlanta at The Law Offices of Wayne Grant, P.C., can help you pursue compensation for damages such as medical bills, lost wages, and pain and suffering. Call us today at 404-995-3955 or toll-free at 866-249-5513 to learn more about your legal options.

Long-haul large truck drivers transport various types of cargo over thousands of miles and are expected to do so in a timely manner. Unfortunately, many delivery schedules are unrealistic and tractor trailer drivers try to stay on schedule by driving without the required rest or sleep. Commercial truck drivers may operate this way to reach their destination on schedule, but, driving while fatigued will only increase the possibility that neither driver nor cargo will ever reach the destination.

Sleepiness and fatigue while driving increases the risk of a large truck crash in Georgia, which endangers the lives of every other motorist on the road. Fatigue can cause decreased alertness and poor mental and physical performance which may result in slower reaction times, poorly navigating turns, difficulty staying in one lane, over-steering, and under-steering.

In order to reduce the number of fatigued driving large truck accidents, the Federal Motor Carrier Safety Administration (FMCSA) implemented strict Hours-of-Service (HOS) regulations for commercial motor vehicle (CMV) drivers. Though a proposed change to the HOS regulations was submitted at the end of 2010, the current on-duty and driving limits stand as follows:

• A truck operator may not drive after having been on duty for 14 consecutive hours. Only after 10 consecutive hours off-duty may a truck operator drive again. Driving is limited to the 14-hour on-duty period even if a driver takes off-duty time during that time.
• A truck operator may drive a maximum of 11 hours total during the 14-consecutive-hour on-duty period and may not drive again until after 10 consecutive off-duty hours.
• In addition to the above limits, a truck operator is subject to a “weekly” limit. He or she may not drive after 60 or70 hours on-duty in 7 or 8 consecutive days, respectively. Once the on-duty hours are below the 60 or 70-hour limit for the 7 or 8 consecutive days, driving may begin again. A driver may also “restart” a new 60 or 70 period, however, by taking at least 34 off-duty hours consecutively.

These regulations are in place for a reason, and if a truck driver does not obey these on-duty and driving limits, they risk driving while fatigued, which endangers everyone on the road. If you or a loved one has been injured in a Georgia big rig accident caused by the negligent actions of a fatigued truck driver, the experienced Atlanta large truck accident lawyers at The Law Offices of Wayne Grant, P.C., can help you determine whether you have a valid personal injury claim. To learn more about how we can help you get the compensation you deserve, contact our office today for a consultation at 404-995-3955 or toll-free at 866-249-5513.

Whether called a large truck, semi truck, tractor trailer, big rig, or 18-wheeler, these large and heavy trucks pose many dangers to the occupants of smaller vehicles. According to the National Highway Traffic Safety Administration (NHTSA), there were 296,000 large truck accidents nationwide in 2009. Included in this total were 3,215 fatal crashes, and 53,000 injury crashes. The extra length, heavy weight, high center of gravity and tall chassis height increases the risk of a deadly Georgia large truck crash, but especially underride accidents, which are the third leading cause of truck crash fatalities across the nation.

A large truck underride collision occurs when a smaller passenger vehicle hits a straight truck or combination tractor trailer and travels under the truck, oftentimes sheering the passenger vehicle roof clean off in the process. There are two types of underride collisions:

1. Side underride collisions occur when a passenger vehicle runs under the truck as it is attempting to cross a street or highway, make a turn, or back up and usually happen at night.
2. Rear underride collisions occur, also predominantly at night, when a passenger car runs or gets stuck under the rear of the truck.

Large truck underride crashes may be caused by a number of reasons, but, most often, they are caused by missing or inoperative trailer lights, antiquated or lack of underride guards, excessively slow truck speeds, and failure to use emergency lights when moving at excessively slow speeds. The truck manufacturer is responsible for attaching the proper lights and safety equipment, including underride guards. The truck operating company is responsible for maintaining all of their trucks and keeping them in good repair. Finally, it is the truck operator’s responsibility to make use of emergency/caution lights and any other cautionary measure to ensure safe travel for them, as well as passenger vehicles on the road. If any of the aforementioned parties do not fulfill these responsibilities, then they may be held liable for any injuries or fatalities that result.

If you have suffered serious injury or the loss of a loved one in a Georgia truck underride accident, our dedicated large truck accident attorneys in Atlanta at The Law Offices of Wayne Grant, P.C., can help you exercise your legal rights so that you and your family may recover the compensation you deserve. Call us today for a consultation and to learn more about your legal options at 404-995-3955.

Our previous post concerned large truck accidents caused by Georgia truck driver negligence; here, we will continue our topic of common Georgia large truck crash causes with: 1) Negligent Truck Maintenance; and 2) Faulty Manufacturing or Design.

Large trucks, especially long-haul trucks, can travel over 3,000 miles weekly. This can cause severe wear and tear on a commercial truck’s system and its parts. Brake failure, tire blowouts, and engine over-heating could potentially cause a severe Georgia large truck injury accident, which is why regular inspections and maintenance are necessary and required. If a trucking company or driver fails to perform timely inspections, maintenance, and repairs, the company and possibly the driver, can be held responsible in the event of an accident. Negligent truck maintenance potentially places hazardous vehicles on the road.

It is also possible for faulty truck manufacturing or defective design to cause a large truck crash. When a large truck’s brake system is faulty, the tires are defective, or the axles are improperly connected to the wheels, it can cause serious problems for long-distance travel. If the truck manufacturer does not repair problems found with its trucks, or if a truck company does not repair problems it knows are there, they may be liable for the resulting accidents and injuries.

If you or a loved one has been injured in a Georgia large truck accident due to the negligence of the driver, truck company, or truck manufacturer, the Atlanta big rig accident attorneys at The Law Offices of Wayne Grant, P.C., can help you understand your legal rights. We will work diligently to recover compensation for your losses from those responsible. To learn more about your legal options, call us today at 866-249-5513 or 404-995-3955.

Large trucks, whether described as a semi-trailer truck, transfer truck, 18-wheeler, or big rig, are very intimidating when travelling along Georgia roads and highways due to their immense size and heft. Also as a result of these reasons, there is an increased risk of serious injury or death in the event of a Georgia large truck accident. This is the first of a 2-part blog series concerning the common causes of large truck crashes: 1) Driver Negligence; 2) Negligent Maintenance or Repair; and 3) Faulty Manufacturing or Design.

A trucker may cause a large truck crash as a result of fatigue and/or inattention, lack of experience or training, or distracted, or otherwise negligent, driving. Truck operators must follow strict federal regulations concerning the number of hours they drive. The life and schedule of a Georgia truck driver can be very demanding, and oftentimes truckers feel pressured to deliver ahead of schedule or even to deliver on schedule. This may cause a driver to tire by working more hours than is legally permitted per day or using illegal or over-the-counter drugs. An exhausted truck driver has much slower reaction times and may even fall asleep at the wheel. If a truck driver does not follow federally mandated work hour limits and causes an accident as a result of their fatigue, they, and possibly their employer, can be held liable for the losses of injured victims.

Likewise, if the truck driver is untrained or unlicensed, they and likely their employer can be held liable for a crash. To be a large truck driver, one needs a Commercial Truck Drivers License (CDL). It is the duty of a truck company to ensure that all its drivers are properly trained and licensed before getting on the road.

Finally, large truck accidents in Georgia may be caused by a truck operator who was driving distractedly, recklessly, under the influence of alcohol or drugs, or otherwise negligently. This is especially dangerous because of the size, weight, and potentially hazardous cargo a large truck carries. If you or a loved one has been injured in a large truck crash caused by truck driver negligence, you can pursue compensation by way of a personal injury claim.

The experienced Atlanta personal injury attorneys at The Law Offices of Wayne Grant, P.C., can provide you with the legal advice and action you deserve. Contact us today at 866-249-5513 or 404-995-3955 for a consultation.

Check back with our blog for Part 2 that covers the causes: Negligent Truck Maintenance and Faulty Manufacturing or Design.