Truck Accidents

Driving in icy conditions is scary for a number of reasons, not the least of which is your increased risk of being involved in an accident. When you are involved in an accident in these conditions, it is important that you know what to do. Accident management can be much different in dangerous conditions than it is in normal driving conditions.

If you are ever involved in an accident, the first thing you should do is take stock to make sure that neither you nor anyone in your vehicle has been injured. If someone is hurt, do not move him or her. Instead, call 911 or another emergency line immediately.

Once you have checked on the safety of yourself and your passengers, ensure that you check on the other driver and passengers of the other vehicle.

Your next step should be to call 911 or possibly the snow emergency line, which in many cases is set up when a state of emergency has been declared. Often it will take a significant amount of time for emergency vehicles to arrive because of the sheer volume of accidents that occur during adverse conditions.

Emergency personnel may advise you to move your vehicles from the scene of the accident. If advised, you should ensure that you and all other vehicles are out of the way of oncoming traffic. Leaving your vehicle in the open could lead to a car pile up and more injuries. If you can, take pictures of the accident before moving the vehicles.

Ensure that you always wait for police and emergency vehicles to arrive, as you don’t want to be cited for a hit-and-run or for leaving the scene of the accident.

If you or a loved one has been injured in an accident in the Atlanta area or throughout Georgia, you may be entitled to compensation. Please contact the Law Offices of Wayne Grant, P.C. for your free case evaluation.

There are laws meant to protect truck drivers from retaliation by their employers when they report safety violations. However, trucking companies do not always heed those laws and truck drivers who speak up may be punished or fired. When truck drivers are punished for calling attention to safety problems, their only recourse is to complain to the Occupational Safety and Health Administration (OSHA), then wait and hope that some action will be taken.

In October, 2010, OSHA ordered Zurla Trucking of Florida, to reinstate a driver it had fired in February, 2008, for refusing to drive unsafe trucks. Zurla was ordered to pay the driver back wages plus interest, compensatory damages, and $125,000 in punitive damages. The company must also remove any negative information related to the incident from the truck driver’s record.

According to OSHA, Zurla violated the Surface Transportation Assistance Act (STAA) whistleblower protections. STAA protects truck drivers who refuse to drive vehicles they believe are unsafe or are in violation of federal trucking regulations.

Truck drivers have a vested interest in trucking safety, but they can also be the only thing standing between the general public and the trucking company’s reckless greed. Every time a trucker puts his foot down for safety, he puts his job on the line, and OSHA does not have a good track record for supporting truck drivers and enforcing STAA. The ruling against Zurla is a victory for truck drivers and for everyone else on the road. We hope it will become a trend.

If you or a loved one has been injured or killed in a trucking accident, please contact us today. Your initial consultation is free, and we work on a contingency fee basis so you don’t pay unless you get paid.

A trucking accident can change your life forever in an instant. The immediate medical bills can be overwhelming; the long-term costs, unthinkable. And that is just the financial side of what you are facing. Permanent disability carries a more meaningful loss than the monetary costs. Compensation for your trucking accident losses will not fix everything, but it can help you and your family keep going, and may even offer hope for physical recovery.

We often hear about “ridiculous” jury awards and settlements that victims sometimes receive for their injuries. Somehow, the media manages to make it sound like accident victims who receive a million dollars or more for their permanent injuries are taking advantage of the companies who destroyed their lives by choosing to follow unsafe practices so they could make profits far exceeding the monetary risks they knew they were taking.

One of the little talked about aspects of “huge” jury verdicts and settlements is the long-term cost of severe injuries. Spinal cord injuries can have life-time expenses in the millions of dollars. And that is just for basic, necessary care. Modern medicine is constantly evolving. Some patients have a chance at real recovery, if they can afford the newest and best treatments. Access to that level of medical care is far more expensive than the care that simply keeps an injured person alive.

There is nothing frivolous about the opportunity to go back to the level of functioning you had before your accident, no matter how much money that involves. Someone else caused your injuries. If there is any way that they can restore your health, no expense on their part is too much to ask.

If you or a loved one has been injured or killed in a trucking accident, please contact us today. Your initial consultation is free, and we work on a contingency fee basis so you don’t pay unless you get paid.

Truck drivers are required to keep log books detailing the amount of time they spend on the road, on duty, off duty, and in the sleeper berths of their trucks. The primary purpose of the log is to track compliance with and violations of Hours of Service (HOS) regulations. Truckers also keep receipts for fuel, records of mileage, and other information about their trips.

Many trucking companies encourage their drivers to falsify log entries in order to get around HOS and meet unrealistic schedules. Trucking companies are responsible for monitoring their drivers and making sure that they comply with federal trucking laws.

One of the most basic steps in a trucking accident lawsuit is getting the trucker’s log. Of course, we look for recorded violations of HOS, but we do not rely on these entries alone. We also compare the information in the log with other data to determine if the log book entries were falsified. Other data can include receipts which are date and time stamped, information from the truck’s electronic control module (like the black box in an airplane), satellite tracking information when it exists, and other records maintained by the trucking company.

The experienced trucking accident attorneys of Wayne Grant, P.C., know which records to request, and more importantly, how to read, interpret, and compare these records to get a clear picture of what was really going on when your accident occurred.

If you or a loved one has been injured or killed in a trucking accident, please contact us today. Your initial consultation is free, and we work on a contingency fee basis so you don’t pay unless you get paid.

In October, 2010, the National Highway Traffic Safety Administration (NHTSA) released a report of its study on the effectiveness of the underride guards required by law on all new semi-tractor trailers since January, 1998. The study shows a huge reduction in fatalities and a significant reduction in serious injuries in the types of accidents that would normally result in underride when trucks with underride guards that meet the 1998 standards were involved. To read the full PDF article, click here.

Underride accidents are some of the most deadly trucking accidents. Underride occurs when the lower, sturdier part of a passenger vehicle (the engine compartment) is able to pass under the truck’s trailer allowing all of the impact of the crash to hit the virtually unprotected occupant space. It is not uncommon for the top of the vehicle to be sheared off in and underride accident. Drivers and passengers are often decapitated or cut in half.

Underride is possible because the trailers of commercial trucks sit so high off the ground. Underride guards are not designed to prevent accidents, but they give cars something to run into which prevents them from sliding underneath the trailer.

The study looked at data from Florida and North Carolina. According to the NHTSA the results “are not unequivocal evidence that the guards are

Effective.” The sample sizes used in the study were small. There were no national statistics to work with because The Fatality Analysis Reporting System (FARS) does not list the model year of the trailer or the type of underride guards involved.

According to the report, in Florida fatalities were down by 27% in trucks that should have been equipped with underride guards which meet current standards. North Carolina showed an 83% reduction in fatalities and a 57% reduction in fatalities or serious injuries. Even though a more thorough study is needed to give us consistent and reliable statistics, these numbers are a clear indication of the fact that underride guards can and do save lives.

If you or a loved one has been injured or killed in a trucking accident in Atlanta or anywhere in Georgia, please contact us today. Your initial consultation is free, and we work on a contingency fee basis so you don’t pay unless you get paid.

November 28^th has been designated by the U.S. Senate as Drive Safer Sunday for 2010. The tradition began in 2005, in memory of Cullum Owings, a Georgia college student who was killed in a trucking accident on his way back to school from visiting his parents for Thanksgiving in 2002. Due to holiday travelers, the Sunday after Thanksgiving is the busiest highway traffic day of the year. That also makes it a day when many individuals and families are killed in accidents, including trucking accidents.

In July, 2003, just a few months after Cullen’s death, his parents Steve and Susan Owings of Atlanta, Georgia, founded Concerned Americans Advocating Roadway Safety (CAAIRS), which later became Road Safe America (RSA). RSA encourages all drivers to drive more safely including those of passenger vehicles and truckers alike. It also pushes for legislation to make the tucking industry safer.

RSA is unique as an advocate for public safety because it not only asks for tougher restrictions on the trucking industry; it also recognizes the value of truck drivers and the real-life incentives that encourage truckers to drive dangerously and illegally. While it pushes for safety devices such as governors that render trucks incapable of driving over a certain speed, and black box-like devices to replace log books, it also pushes for better pay for truck drivers.

RSA believes that we should start treating truck drivers more like airline pilots; that includes better training, monitoring their health more closely, and allowing them less time behind the wheel. RSA’s view is that truck drivers should also be paid more like pilots, giving them the incentive and financial flexibility to choose to drive more safely.

If you or a loved one has been injured or killed in a trucking accident, please contact us today. Your initial consultation is free, and we work on a contingency fee basis so you don’t pay unless you get paid.

A rollover accident in any type of vehicle is far more likely to be fatal than other types of accidents. In passenger vehicles, rollovers are often single-vehicle accidents. In trucking accidents, however, it is common for multiple vehicles to become involved. When a large commercial truck rolls, it can cover several lanes of traffic, with the truck itself striking multiple vehicles, and causing many more to be involved in the ensuing pile-up.

Causes of Truck Rollover

Due to the weight and momentum of a large truck, a small error or problem can quickly spiral out of control and turn into a rollover. Once the chain reaction starts, it can be difficult or impossible for even the most experienced truck driver to recover and prevent the truck from rolling. Some causes of rollover include:

• Tire blowout
• Brake failure
• Other mechanical failure
• Defective roadways
• Negligence of other drivers leading to sudden maneuvers by truck driver
• Hazardous weather conditions

Certain conditions make the truck less stable, therefore making a rollover more likely to occur. These include:

• Unbalanced load
• Improperly secured load that shifts
• Overloaded truck
• Liquid load under ¾ capacity

If you or a loved one has been injured or killed in a trucking accident, please contact us today. Your initial consultation is free, and we work on a contingency fee basis so you don’t pay unless you get paid.

If you have spent much time on the highway you have probably seen the huge remnants of tires left behind after blowouts from semi tractor-trailer trucks. Just the rubber they leave in the road can create a hazardous obstacle that can lead to an auto accident.

A tire blowout on any vehicle is a very dangerous situation that is likely to lead to an accident. Even the most skilled and experienced truck driver may not be able to avoid a crash if his truck has a blowout. However, blowouts themselves are usually avoidable.

Improper Tire Inflation

Overinflated or underinflated tires are both more likely to blowout. Overinflated tires blow out due to pressure from inside of the tire. Over-inflation is often combined with and overweight truck, making a blowout even more likely.

Underinflated tires flex. This puts pressure on the sidewalls which can cause a blowout. The flexing can also mean breaking the seal that keeps the tire attached to the wheel. Underinflated tires also have a tendency to get very hot. Overheated tires are more likely to blowout.

Hotter Than Georgia Asphalt

We have all heard the expression. Extreme heat increases the likelihood of a blowout. Truckers travelling in Georgia during the summer need to pay special attention to the condition of their tires and regularly check their air pressure.

If you have been injured, or a loved one has been injured or killed in a trucking accident, please contact our Georgia trucking accident lawyers today. Your initial consultation is free, and we work on a contingency fee basis so you don’t pay unless we recover on your behalf.

Truckers and trucking companies have been pushing for higher weight limits for years. Since a higher weight limit means trucks can haul more in one load and increase profits, it has always been something that the trucking industry could benefit from. In the past, they have failed to get the weight limit raised because they faced tremendous opposition and they fought the battle alone. Now that has changed.

On August 15, 2010, the Wall Street Journal reported that Congress is considering changing the law to increase the weight limit on interstate highways by 20% upping it from 80,000 to 97,000 pounds.

This time 150 companies, including large influential companies such as Coca-Cola, Kraft, and MillerCoors, are pushing for the weight limit increase and it looks like there is a good chance it could go through.

Supporters say that hauling more freight in fewer loads saves fuel and reduces carbon emissions. They also claim that since the heavier trucks will be required to have a sixth axle, that the weight increase will not pose an increased safety hazard. Some say that it may even improve safety by getting the heavier trucks off of secondary roads, where they can now legally travel, and onto the interstates.

Those opposed to the new law believe that increased weight will mean more trucking accidents, and damage to roads and bridges.

If you have been injured, or a loved one has been injured or killed in a trucking accident, please contact our trucking accident attorneys today. Your initial consultation is free, and we work on a contingency fee basis so you don’t pay unless we recover on your behalf.

Underride accidents are some of the most disturbing and deadly trucking accidents. They are not as likely as rollover accidents to involve multiple vehicles and claim multiple victims, but they are typically fatal, decapitating or dismembering, and result in horrible injuries. Underride accidents are preventable when safety equipment is installed and used properly on large commercial trucks.

How an Underride Accident Can Occur

Underride accidents are possible when the bottom of the truck’s trailer is just the right height off the ground to allow the engine compartment, side of the vehicle, or the trunk area of a car to pass underneath so that all of the force of the accident is to the occupant space of the car which has very little reinforcement or support.

The top of the vehicle is crushed or sheared off, and the occupants have virtually no protection.

Most underride accidents involve the car hitting the truck. These may be rear-end collisions, or side-impact where the car t-bones a truck that is stopped across the lane of traffic due to poor visibility. Underride accidents also occur when a truck changes lanes and hits a car that is in its blind spot.

Underride Prevention

The current laws meant to prevent underride accidents have not been very effective. At this time, underride guards/bars on trucks, designed to prevent this type of collision and injury, are not required by law.

Since 1993, all new trucks have been required to have reflective tape on the sides and rear so that other cars can see them. When the tape gets dirty, as it usually does in real driving conditions, it is no longer visible.

Since 1996, the bumpers of new trucks have to be 22 inches off the ground or less. However, many of the bumpers collapse on impact and fail to deliver the protection the law intends.

If you or a loved one has been injured or killed in a trucking accident, please contact our Atlanta tractor trailer accident attorneys today. Your initial consultation is free, and we work on a contingency fee basis so you don’t pay unless we recover on your behalf.