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Andrew H. Speaker, P.C. Personal Injury Blog
Tuesday, April 10, 2007  

Woman Killed In Head On Crash In Alto

An unfortunate head-on collision automobile accident in Alto Tuesday claimed the life of an Alto woman that was an employee at LASP since March 2006. Shauna Bouchard, 29, was traveling south on Old Gainesville Highway near the Alto Police Department in her Chrysler Sebring when her vehicle collided head-on with a pickup truck that morning. She was apparently traveling alone and after the accident was transported to the Habersham County Medical Center where she died an hour later. Our prayers go out to her family in this difficult time.

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Trucking Accident on I-75 North Leaves Driver Severly Injured

A semi-truck flipped causing several lanes of both northbound and southbound I-75 to close due to debris. The incident happened on I-75 northbound at Windy Hill Road and brought traffice to a standstill. Debris from the accident, which is reportedly carpet samples, is also blocking several southbound lanes. The driver of the truck is said to have suffered critical injuries and had to be rushed to Grady Hospital. Luckily there were not more injuries from the truck accident and we hope he recovers quickly.

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Man Dies In Houston Trucking Accident

A man who was injured just last week when a tractor-trailer tire exploded on his truck has died, according to the Houston County sheriff's office. Jason Rowland died Saturday from severe head injuries that he suffered when a giant tire exploded as he was filling it. Rowland, an employee of the Byron Tire Company, was responding to a service call on the interstate where the accident occured. The accident took place last Tuesday on his 34th birthday, and our prayers go out to his family. Federal Occupational Safety and Health Administration officials are beginning to look into the accident, according to the sheriff's office.

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Peachtree Industrial Accident Luckily Avoids Injuries

Luckily what could have been a serious trucking accident was narrowly avoided late monday afternoon. A dumptruck apparently was beginning to lose its brakes. In order to avoid a serious trucking accident, the driver avoided hitting other cars and ran off the road into a pole. Thankfully the Georgia Power driver was not hospitalized.

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Waltrip charged after accident

The two-time winner of the Daytona 500, Michael Waltrip, has been charged with reckless driving and hit-and-run after he hit a telephone pole and rolled his car over the weekend. Waltrip suffered some minor scratches to his face and cuts on his finger in the automobile accident which happened about a mile away from his home. Waltrip says he fell asleep at the wheel when he wrecked his car early Saturday morning. When police arrived at the scene, they found the vehicle abandoned and with blood in it.

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NY heart surgeon found guilty of malpractice

A Brooklyn heart surgeon has been found guilty of medical malpractice in the death of a 70 year old patient. The doctor, who had the state's second worst death rate, tried a procedure that he was not certified to do. The doctor continues to work a heavy case load at Maimonides Hospital. The jury was only able to award the family 56,000.00 to cover funeral expenses and other cost because the judge told them they could not award pain and suffering. Keep this in mind the next time that you hear about tort reform and the insurance companies trying to put limits on a patients recovery. Though she suffered a brain injury in surgery and lingered on for a week before dying, all the compensation that was awarded was a ridiculous 56k.

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Paralyzed skier awarded 14 million

After a five week trial a skier was awarded 14 million after he was paralyzed in a fall from a ski jump at the Summit at Snoqualmie. The original verdict was for 31 million, but was reduced because of comparative fault on the part of the skier. It was determined that the jump was not constructed properly. Instead of being engineered, the design was simply constructed by a bobcat pushing the snow without any set direction. This is a good reminder of two things. One is that you must always be careful when pushing yourself physically and taking risk. The jump was the equivalent of a fall from a three story building, these types of risk cannot be taken lightly. Second, the people that we put our trust in need to be held accountable for the dangerous situations they create. If the jump had of been properly designed, as it should have been, this may have never happened.

Monday, March 26, 2007  

Brain Damage Is More Common Than You Might Imagine

When clients come to us that have suffered a serious brain injury, they are often surprised to learn how common brain injuries related to accidents are. More than 5.3 million people in the United States are living with long-term disabilities because of traumatic brain injury, or TBI, according to the Centers for Disease Control. Each year at least 1.4 million Americans suffer a TBI — more than are struck by heart attacks.
A Truamatic Brain Injury can do significant damage without leaving any visible signs, so the initial injury is often dismissed as just a bump on the head by reviewing doctors.
Nearly forty percent of all truamatic brain injuries are the result of traffic accidents, by far the leading cause. As odd as it may sound, it is because cars are now safer than ever that we are seeing a rise in the number of TBIs. Many people that would not have survived a serious car accident 20 years ago are now living through the accident, but with permanent TBI. Unfortunately, unlike a broken bone, TBI often last forever. TBI can lead to slowed memory, lack of attention span, impaired judgment and memory loss. While therapy can help people cope with the trauma, brain damage last forever. There is some good information on the website about TBI, and we hope that if you or a loved one is suffering from TBI that you seek help in order to cope with the recovery process. Often relationships are taken to the breaking point or destroyed because it is so difficult to adjust to the new person. If there is any way we can help, please let us know, but the most important thing is to get help somewhere.

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Sunday, March 25, 2007  

How To Destroy Your Car Accident Case

From Our Car Accident Guide I am going to be posting bits and pieces. The entire Car Accident Guide is available for free off the website at www.speakerlawfirm.com. Below is one of four ways to destroy your accident case.

1. Being Referred To A Doctor By Your Lawyer

In most cases it does not look good to have your lawyer refer you to a general doctor or chiropractor. The reason why is because juries are often suspicious of a referral relationship between lawyers and doctors, and worry that they may be over-exaggerating the damages in order to get more money. The client may not know how many patients where referred back and forth between the doctor and lawyer, but you can be sure the insurance company will try to find out. How much credibility do you think that lawyer has when it is brought out in trial that the doctor handled 50 or 60 of his clients in the last twelve months? Are there exceptions? Yes, there are exceptions to this rule, such as when a specialist is needed beyond the general practitioner, and the client seeks a recommendation.

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Thursday, March 22, 2007  

Child Backed Over And Killed In Tragic Accident

A tragic SUV accident lead to the death of a child. Brandon Smith wrote in his blog at http://atlanta.injuryboard.com/motor-vehicle-accidents/child-dies-after-being-ran-over-by-family-member.php about how a 15-month old child was struck and killed earlier today after a family member backed over her in a SUV. Our thoughts and prayers go out to the family.

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Ford Excursion rollover accident

John Bisnar has written about another Ford Excursion rollover. The article can be read at http://orangecounty.injuryboard.com/automobile-defects/ford-excursion-rollover-fatality.php

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Wednesday, March 21, 2007  

Motorcycle Accident Leads To Death

As an avid motorcyclist the number one thing you have to remember is to always drive defensively. Most motorcycle accidents are not the fault of the motorcyclist, but other drivers that aren't paying attention. Unfortunately this is another sad case of that happening. On Tuesday a 48 year old man died after his motorcycle collided with a Dodge Caravan off Wheeler Road. Richmond County sheriffs stated that the driver of the Dodge Caravan, Pamela Smith, was charged with failure to yield.

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Unfortunate Bus Accident Claims a Child's Life

A small child was run over by a school bus in Columbia County yesterday. The whole nightmare unfolded in front of ten other school children. The accident occured on a narrow dirt road that was supposed to be restricted to traffic, the school bus should never have been on it in the first place. It seems it was just more convenient to use the road than to take the extra time to drive safely.

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DUI Charged In Trucking Accident

Traffic in Smyrna crawled to a halt on Wednesday evening after a tractor-trailer accident left utility poles down and wires across Atlanta Road north of the Smyrna Town Center.
The truck took out several power lines, which cut power in the area. No one was reported injured. Officials said it could take several hours to clean up the wreckage. There is no word on how long before power and traffic signals are restored in the area.
Police are charging the driver on suspicion of DUI. They said they believe he was trying to beat the train.
Luckily the only problem was some traffic congestion and his reckless actions didn't get anyone killed or seriously injured.

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Red Light Cameras Should Cut Accidents, Not Grow Revenue

The legislature passed a bill today in regards to red light cameras. Many opponents were stating that cities are using the red light cameras to generate revenue instead of trying to prevent automobile accidents, which was supposed to be their original goal. The cameras are being placed in the highest traffic areas, where they can catch the most people, instead of where the most accidents occur. The new bill allows cities enough of the revenue to cover expenses, plus 25 percent of the profit. The remainder goes to the state to fund a new trauma program. Hopefully our politicians will realize that their job is to protect people, not generate revenue, though I doubt that will happen any time soon.

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Tuesday, March 20, 2007  

Student Dies In Trucking Accident

A student from the University of Wisconsin died in a random and senseless trucking accident on Tuesday. The student was driving a minivan that was hit by a tire that flew off of a tractor trailer late Friday night. The truck lost two tires and one of them flew into the air, striking the student's car. The 23 year old student, Jason Schluter, held on until Tuesday. Another student, Jason Buchmeier died at the scene. This is yet another case of a trucking accident that should probably never have occured. The State Patrol is still investigating, and hopefully negligence was not the cause of the accident. Often tractor trailers are sent onto the roadways with tires that do not have sufficient traction in the hopes of saving a few dollars before replacing them. Our prayers go out to the families involved.

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Identity of Accident Victim Released

Authorities released the identity of a 63-year-old man killed in a workplace accident at a Buford landfill.
Roby Bobbitt of Snellville was crushed last Tuesday when helping to load a piece of heavy equipment onto a trailer at the Richland Creek Landfill.
Bobbitt was helping to load a Caterpiller 836 compactor, a large tractor-like vehicle, when the accident happened, police said.
The Occupational Safety and Health Administration is investigating the accident.

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Monday, March 19, 2007  

Trucking Accident on I-75 South

Five-vehicle wreck snarls I-75 south, shutting down four lanes- trucking accident
By Matt Cunningham
Staff Writer
Tuesday, March 20, 2007
WEST CHESTER TWP. — A truck that reportedly stopped on southbound Interstate 75 caused a five-vehicle accident that sent two drivers to a hospital and shut down four lanes of the interstate Monday afternoon, according to authorities.
Ohio State Highway Patrol officers report that just before 2 p.m. a black pickup truck slowed to a stop in the right lane immediately south of the Union Centre Boulevard interchange before it was struck from behind by a brown GMC van. Witnesses said the truck then collided with a white Toyota sedan before veering into the center lane and striking two sport utility vehicles.

A tractor-trailer had swerved off the road into a ditch in the vicinity just prior to the accident, but was not involved in the crash.
West Chester Twp. EMS transported two of the five drivers to Mercy
Hospital Fairfield, but no other injuries were reported. Police did not disclose the drivers' names, and their conditions at the hospital were not released.
West Chester Twp. police assisted officers with traffic control as flatbed trucks carried the black pickup and GMC van out of the right and center lanes. The remaining three cars involved had pulled to the side of the road.
By 3:45 p.m., West Chester Twp. police reported that all four lanes of southbound I-75 were shut down. Traffic stretched back nearly four miles from the accident scene. Highway patrol officers were able to leave the scene at 4:50 p.m. All four interstate lanes were reopened at that time.

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Trucking Accident- Big Rig Burst Into Flames

Published: March 19, 2007 11:01 pm
Big rig flips off overpass, bursts into flames; 2 hurt
By Tommy Mann Jr.The Orange LeaderVIDOR — A tractor-trailer plummeted off an Interstate 10 overpass and burst into flames early Monday morning, injuring two people.The incident occurred about 5 a.m. on the Old Highway 90 overpass and involved only the big rig, which was westbound on the interstate.According to Trooper Richard Vasser of the Texas Department of Public Safety, reports indicate the driver of the tractor-trailer may have dozed off.“From what we are hearing, it appears the driver may have fallen asleep, hit the guardrail and then flipped over the railing onto the road below,” Vasser said. “Both people were ejected from the truck.”The driver, Paul Carpenter — whose residence had not been established as of Monday evening — was taken to Christus St. Elizabeth Hospital in Beaumont with broken limbs and burns.The rig’s other occupant, an unidentified woman, was transported by medical helicopter to the University of Texas Medical Branch in Galveston with severe burns. Her condition was unknown at press time.Vasser said the two people were reportedly en route from Florida to Houston.“Driver fatigue can be a huge factor in accidents,” Vasser said. “It can be just as deadly as driving while under the influence.”Along with the Texas Department of Public Safety, personnel from the Vidor Police Department and Orange County Emergency Services District 1 responded to the incident.According to reports, the fuel tank ruptured and caused the truck to burst into flames which reached as high as the overpass.According to Scott Kerwood, ESD 1 fire chief, a hazardous materials crew was called out to clean up fuel and oil from the truck and foam which was used to fight the fire.“The truck was carrying building products, such as lumber and other items,” Kerwood said. “The clean up crew will be on site for a while digging up soil and bringing in new soil. They have to return the land to its condition before the accident occurred.”

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Yankees Pitcher Sued By Auto Accident Victim

A Florida man involved in an automobile accident last yearwith a Porsche driven by Carl Pavano has sued the Yankee's pitcher for injuries allegedly sustained in the crash.
Ernest DeLaura, 47, also named the Yankees franchise as a defendant when he filed the lawsuit two months ago in Bronx state Supreme Court. Although the suit was brought in New York, DeLaura lives in Port St. Lucie, Fla., and the accident occurred in West Palm Beach, Fla.
DeLaura sought an unspecified amount of money in the lawsuit, which requested a default judgment of $5 million if Pavano and the Yankees failed to answer the complaint. DeLaura has already undergone shoulder surgery and faces a possible operation on his neck, said his lawyer, Paul Edelman.

The lawsuit charged that Pavano was "careless, reckless and negligent" while driving his 2006 Porsche last Aug. 15. Pavano was pitching in the minor leagues as he prepared for a return to the Yankees when the accident occurred.

Pavano didn't initially tell the team about the accident, and made three rehabilitation starts before seeking medical attention and discovering that he sustained two broken ribs in the crash.

DeLaura was sitting at a stop sign when Pavano's Porsche hydroplaned, sending the sports car sailing into his tractor-trailer, the lawsuit said. At the time, a police report was issued saying Pavano was at fault in the accident, but there was no record of the pitcher receiving a ticket.
According to the lawsuit, DeLaura's accident attorney sustained "severe and permanent personal injuries."

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Woman Killed In Car Crash Saturday 3-18-07

A mother and daughter were driving Saturday morning delivering papers for the AJC when they were involved in a fatal car accident collision. They were struck while driving their Ford Focus by a Chevy pickup truck trying to pass in a no-passing zone. The mother was killed when she tried to turn left into a driveway in Coweta County. Luckily the daugher sustained only minor injuries in the accident. The driver of the pickup truck was uninjured
Published on: 03/18/07
The daughter of a Newnan woman killed in a car crash Saturday was sitting in the back seat and sustained minor injuries, according to police.
Rachel Morrison, 9, sat on the passenger's side of her mother's Ford Focus when it was struck by a Chevy pickup trying to pass in a no-passing zone, police said.
Teresa Morrison, 49, was killed when she tried to turn left into a driveway off Georgia 16 in Coweta County, about 6:30 a.m. It was still dark on the country road, said Georgia State Patrol Senior Trooper Jack Homer.
She was delivering The Atlanta Journal-Constitution newspaper and had worked for the company for about five years, Eddie Vaughan, an AJC manager, said Sunday.
"She's really outgoing and friendly with a bubbly personality. It was a big shock and a big loss to everybody," Vaughan said.
The driver of the pickup, Stark Wilbor, 53, of Sharpsburg was uninjured. The investigation into the crash continues, Homer said.
— Mary Lou Pickel

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Mark Taylor's Son Sentenced for DUI

This is a harsh reminder of the devastating effects of drinking and driving on the accident victims.
By BRUCE SMITH Monday, March 19, 2007
CHARLESTON, S.C. - The son of former Georgia Lt. Gov. Mark Taylor pleaded guilty Monday to felony drunken driving in a crash that killed his best friend and received the minimum one year prison sentence under state law.Fulton Fletcher Taylor, 23, was driving a sport utility vehicle when it hit a wall on an Interstate 26 ramp and flipped, throwing his friend from the vehicle. Joseph Victor Gennert, 22, of Charleston, was killed in the August 2005 accident. Authorities have said the two men ran up a bar tap of $186 before the crash. "I am sorry for the pain and sorrow I have caused," Taylor said during his plea hearing. "I have lived with the fact that Joe's death is my fault."Gennert's mother, Anna, asked Circuit Judge Perry Buckner not to give Taylor any jail time, but the judge said state law required at least one year in prison." I am asking the court to spare Fletcher a term of imprisonment," she said. "One young man's life has been lost, please don't make this a dual tragedy." Buckner sentenced Taylor to three years, but suspended two of them. The judge also said Taylor must serve five years probation and pay a $15,000 fine. Taylor faced up to 25 years in prison.After the accident, the investigating officer wrote that when he reached the scene, Taylor had "glassy and bloodshot eyes, slurred speech and ... a strong odor of an alcoholic beverage on his breath." He was released from jail on $75,000 bail, contingent upon him enrolling in an alcohol treatment program. Mark Taylor said last year his son had successfully completed the program.Mark Taylor, a Democrat, made an unsuccessful run for governor of Georgia last year but was defeated by Gov. Sonny Perdue.
A service of the Associated Press(AP)

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Being In A Hurry Often Causes Fatal Accidents

Here are some facts to think about the next time you are in a hurry and late for work.
Red-light runners kill 800 Americans and injure 200,000 every year. More than half the auto accident victims are pedestrians or occupants of other cars. According to the Insurance Institute of Highway Safety, fatal crashes at traffic signals rose 18 percent during 1992-98, which was more than three times the rate of increase for all other fatal crashes. In its review of red-light cameras, the institute found that the cameras reduced red-light running by about 40 percent.

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Two drown In Pool Accident

Two grand-children drowned when they fell through the tarp that covered a backyard swimming pool at their grandmother's house in Pickens County yesterday. The Sheriffs office is doing an investigation. This is a very sad reminder that as parents we must all keep a close watch of our children.

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Organizations to Help Trucking Accident Victims

The Truck Safety Coalition is a partnership between The Citizens for Reliable and Safe Highways (CRASH) Foundation, and Parents Against Tired Truckers (P.A.T.T). The Truck Safety Coalition is dedicated to reducing the number of deaths and injuries caused by truck-related crashes, providing compassionate support to truck crash survivors and families of truck crash victims, and educating the public, policy-makers and media about truck safety issues.
One of their many programs is the First Response Program.
-The First Response Program is a national network of volunteers dedicated to providing immediate, compassionate support to survivors and families of victims of truck crashes. Volunteers, most often members of the Truck Safety Coalition Survivors Network, serve as local resources in their communities and state for families of victims and survivors of truck crashes.
Mission Statement
We will seek to locate and help new victims of truck crashes by providing information, encouragement, hope or simply a willing and understanding ear. We will seek to provide them with assistance, comfort and information that we wish someone had provided for us in such a dark time, and to let them know that, if they choose, there are ways to try to make some degree of sense of such a senseless situation. Helping to comfort truck crash victims and helping to satisfy their needs is the foundation for the First Response Program.
Goal
Our goal is to contact and support every truck crash victim in the United States. Unfortunately, this is an aggressive goal due to the tragic number of truck crashes every year. By setting up the network, we hope to support, state by state, the new victims of truck crashes. It is important for us to let them know they are not alone in their time of grief.

If you or someone in your family has been the victim of a trucking accident, it can be crucial to build up a support network of people who understand and can help you cope with the difficult times ahead.

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Great Review of Personal Injury Blogs

Eric Turkewitz at the New York Personal Injury Law Blog does a great weekly review of to blog stories. His latest entry covers trucking accidents, auto accidents, product liablity cases and some other incredible stories.
"The New York Personal Injury Law Blog brings you the week that was:The biggest news was the Vioxx verdict in Atlantic City. At the Mass Tort Litigation Blog, note was quickly taken of the $20M verdict for compensatory against Merck for Vioxx. After the subsequent $27.5M punitive verdict on top, Evan Schaeffer's Legal Undergound did a recap of other blogs on the subject, including one from the son-in-law of the plaintiff, which interestingly enough, has now been removed. It was here: Vioxx;William Childs at the TortsProf Blog notes (Up In Smoke), a big article in the ABA Journal about "how greed, hubris and high-stakes lobbying laid waste to the $246 billion tobacco settlement."From my own blog, following much recent discussion of punitive damages: Will DaimlerChrysler $50M Punitive Damage Verdict Withstand Review?From The Injury Blog, two posts on police brutality cases: $200,000 Pittsburgh Police Brutality Settlement for Hot Dog Shop Patron's Personal Injuries; and Updates on Chicago Personal Injury Lawsuits Claiming Police Brutality;The South Carolina Appellate Law Blog notes that there is a New Inquiry of the Catholic Diocese in Charleston, regarding unreported cases of sexual abuse, indicating that such suits appear from far over;Trucks were big this week down south, with Jim Higgins at the Tennessee Law Blog discussing the ramifications of highway safety as the DOT opens the border this year to Mexican trucks and drivers with, shall we say, less stringent safety values in Tennessee Highways Not As Safe; And Ken Shigly reporting a federal court decision in one of his own cases that rejected a motion to throw out punitive damages;Evan Schaeffer writes about a decline in mega-verdicts at the Illinois Trial Practice Weblog in Top 10 Jury Verdicts in 2006;Kevin, M.D. brings us a disturbing story, when a baby's remains were lost, and the OB was sued;And finally, since this is a personal injury law blog, Margaret Collins Online hears a story about dangerous doormats, and wonders if we are becoming too risk averse."

 

Death Rates From Trucking Accidents Can Vary Greatly From State To State

Jeffery Lowe in Missouri had another great post on trucking accidents.
"Truck crashes according to a report from the Citizens for Reliable and Safe Highways, are the deadliest in Wyoming and Arkansas. Wyoming has about 6.09 deaths in big truck crashes per 100,000 residents with Arkansas at about 4.17 deaths per 100,000 residents. There are approximately 100 deaths per week nation-wide as a result of truck accidents, and various consumer organizations are calling for tougher federal regulations to reduce fatalities.
Certain consumer advocates believe that the Federal Motor Carrier Safety Administration which was created in 1999 is not doing as much as it can to improve the safety of trucks. They believe that the FMCSA is putting cargo or business interest over the safety of people. The agency was created in 1999 and that year 5,380 people were killed in crashes with big trucks. As of 2005, that figure was only reduced marginally with 5,212 people killed in truck crashes in 2005.
The primary push on the FMCSA is to reduce the hours that truckers are allowed to drive without rest, increase safety inspections of big trucks, and require on-board electronic monitors to ensure compliance with hours of service rules and train drivers better.
The United States Government's priorities are skewed regarding the death toll from truck crashes. For example, while 61 people die from e-coli infections each year, the government spends millions of dollars on food safety. The death toll of 61 people from e-coli infections is the equivalent to the 4 day death toll from truck crashes. While the government uses every resource available to stop an e-coli outbreak, unsafe tractor trailers and large trucks kill and maim tens of thousands of people each year. In spite of this carnage on the highways, the FMCSA increased the number of hours a driver can operate by 28% since 2003 up to as much as 88 hours over an 8 day driving period.
As I have written before, the hours of service that truckers are allowed to drive without rest should be decreased and on-board electronic monitoring should be the rule and the not the exception. As anyone who has ever driven on a highway with a large truck behind them, no one want a driver following them that is fatigued from driving excess hours or allowed to falsify his logs because there is no effective law to monitor or audit their hours of service log entries. The current administration, clearly favors profits of big trucking companies over safety and until a more consumer oriented administration is in place, I am afraid this will continue."

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Truck Accidents Can Be Prevented With Proper Training

Jeffrey Lowe wrote a great post on how trucking accidents can be prevented if drivers are given proper training.
"A tractor trailer or commercial truck can travel up to one hundred thousand miles or more on the nation's highways per year. A common emergency situation for a truck driver is a tire blow-out. The most dangerous type of tire blow-out is when a "steer tire" blows out. When that happens, a truck driver has about 2 seconds to follow the proper steps to keep the 40 ton truck under control and to slowly get off the highway.
There have been many calls by consumer groups for increased truck driver training to reduce fatal accidents. Those calls have largely fallen on deaf ears at the Federal Motor Safety Carrier Administration. According to experienced truck drivers, a truck driver has about 2 seconds to react when a steer tire blows out. A tire blow-out may come at any second while the truck driver is reaching for a drink, talking on the CB or cell phone, or looking at a passing vehicle. In those 2 seconds, the driver has to (1) keep his head and not react wildly; (2) grip the steering wheel firmly; (3) stay off the brakes and in fact, do the opposite because when driving the primary force of the truck is forward force and when there is a blow-out there is going to be a substantial amount of sideways force and braking just increases that sideways force; and (4) the driver needs to increase the forward speed which means to accelerate because that compensates for the increased sideways force and will minimize the weight on the blown tire and decrease the dragging effect. After all this is done in the approximately 2 seconds, the driver then can slowly back off the accelerator and start easing toward the side of the road.Finally, when getting off the road, he needs to keep steering the truck smoothly and gently.
Many people suggest that once the truck is on the shoulder, it is best to coast to a stop without brakes. This is the method taught in most driver training programs and in most states' commercial drivers license manuals. Some people think that if you brake at all, you should keep the pressure very light and constant.
This type of reaction in a panic situation, which most experienced drivers are know about, must be done as second nature. That is where increased training can play a significant role in reducing the potential for a catastrophic collision by a truck carrying a 40 ton load. Despite calls by many consumer groups for increased training, the Federal Motor Safety Carrier Administration has failed to act."

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Sunday, March 18, 2007  

Trucking Accident Guide

For those who have been injured in a trucking or tractor trailer accident we have created the Trucking Accident Guide that is now available for download off of our website.

 

Motorcycle Accident Injury Guide

Motorcycle Accident Injury Guide- For those who have been injured we have written an accident guide that is now available for download on the site.
Have you been injured in a motorcycle accident? --- The Georgia personal injury attorneys at Speaker Law Firm are avid motorcyclists and understand the complexities that go with defending those who are injured in motorcycle accidents from the insurance companies. At various Bike Weeks and weekend gatherings, or just up in the North Georgia mountains, you will find Theodore Speaker on his Harley Davidson Road King and Andrew Speaker on his Harley Davidson Fat Boy. Andrew H. Speaker, P.C. is particularly concerned with the safety of riders and the need of the injured motorcyclist to get fair and just compensation for their injuries. We know how to maximize your motorcycle accident case.

Friday, March 16, 2007  

Motorcycle Accident Victims Body Found

Motorcyclist accident victim's body found in ravineBy Lateef MunginThe Atlanta Journal-ConstitutionPublished on: 03/16/07
A motorcyclist was killed Thursday when he crashed on Peachtree Industrial Boulevard before dawn, police said.
The accident was not discovered for hours, police said.
Jeff L. Raughton, 24, of Jefferson, lost control of the motorcycle at about 2:30 a.m., police said. Police believe that Raughton struck a curb while traveling southbound, slid into a guard rail and was thrown into a nearby ravine.
An employee at a nearby business discovered Raughton at about 9 a.m. police said.
The accident remains under investigation.

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Wednesday, March 14, 2007  

New Website launched

The new website for Speaker Law Firm is now active at www.speakerlawfirm.com. The site has been revamped to be an information resource for auto accident and trucking accident victims.

 

Scary Truth About Tractor Trailers

Here is a great article that was in the Atlanta Journal-Constitution!

Safety a big problem for some truck companies
A tractor-trailer with one working brake?!
By SUSAN GAST Wednesday, February 7, 2007, 07:13 PM The Atlanta Journal-Constitution

"Tractor-trailers frighten me. I’m sure they scare any reasonably sane driver. I know they are vital to our economy. I’ve heard the arguments that truck drivers on average are safer than other motorists. Seeing how other vehicles maneuver, I even believe it. But Atlanta traffic leaves little margin for error, and if an error occurs, I prefer not to be snuggled up to 10,000-plus pounds of moving metal. So I was interested to find out that Snellville has a program focused on improper trucks traveling through the city. I saw the new, white Snellville Police Department pickup a few days ago on U.S. 78, where it had pulled over a truck. I wondered - for a second - why Snellville would need such a program. Then I recalled the accident a few years ago in which a tractor-trailer ran a red light on U.S. 78 and hit a car only a few feet away from me. Amazingly the man driving the car survived. My nerves, however, hardly recovered.Snellville has been seeing a large volume of truck traffic and a significant number of truck-related accidents, said Snellville Police Chief Roy Whitehead. The chief also was tipped off that tractor-trailers often use Ga. 124 and U.S. 78 as part of a cut-through to bypass weigh stations on the interstates. Truck traffic could become an even greater concern with construction to begin this year on U.S. 78 improvements, the chief said. Lanes will become tighter, providing less elbow room. These concerns prompted Snellville to approve the program, which has been in force since October. It’s a partnership between the city and the Georgia Department of Public Safety’s Motor Carrier Compliance Division. The officer assigned to the project is a certified commercial vehicle inspector and has performed about 30 to 40 truck inspections per month. Out of those, about 20 to 25 trucks or drivers have been put out of service until violations were corrected, Whitehead said.“It’s been very successful,” he said. For example, one tractor-trailer was found to have only one working brake.I’m sorry; I need to repeat that. One tractor-trailer - traveling through Snellville - was found to have only one working brake! Others had oversized loads or their loads were not secured properly, Whitehead said. Assorted other violations also were found. The new city vehicle used for enforcement is specially equipped, including having portable scales to weigh tractor-trailers on the spot. The total cost for the enforcement truck, scales and equipment was $40,000, which was paid with Snellville’s money from the Special Local Option Sales Tax.Snellville is not the only one checking out large truck traffic in this way. Gwinnett County Police has two of the inspection units. According to the state, Cobb County, DeKalb County, Powder Springs and Marietta also are involved.And Alpharetta and Austell are participating as well, Whitehead said.“But there are very few cities actually involved in this project so far,” he said. Are tractor-trailers a problem where you live?"

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Deadly Trucking Accident in South Georgia

South Georgia's WALB News 10 reported a deadly truck accident February 13th involving a tanker rig that rolled over and caught fire in Leary, Georgia.
The accident occurred close to Highway 55 and Bray Street, and the driver apparently lost control of the vehicle he was driving for Hatcher Petroleum Transport of Albany.
The report says that there were no other vehicles involved in the truck crash. The gas spill caused by the accident was contained by Dotham, Alabama's HAZ-MAT team.
No other information was reported about the truck accident.

 

Trucking Accident - Driver Lost Control

A truck driver from Georgia was seriously injured February 16th after losing control of his rig on Interstate 77 near Poplar Camp. Roy L. Wite, 65, of Martinez, Ga., was airlifted to Roanoke Memorial Hospital. According to the Virginia State Police, Wite was operating a 2007 International truck pulling a trailer loaded with household goods for G&P Trucking Co. of Greer, S.C. He was headed northbound on the interstate when he lost control of his truck, ran off the road to the right, struck a guardrail, crossed the median on his left, traveled into the southbound lane, struck another guardrail, overturned and went down an embankment. Police estimated damage to the rig, cargo and guardrail at $100,000. No charges have been placed at this time. Luckily no one else was injured in the trucking accident.

Tuesday, March 13, 2007  

Woman Killed in Fatal Automobile Accident

Norcross QB driver in fatal accidentWoman killed: Depending on investigation findings, Bryce Dykes could face felony or misdemeanor charges in the rear-end collision.By George ChidiThe Atlanta Journal-ConstitutionPublished on: 03/13/07

A Jeep driven by a star high school quarterback ran into another car Friday night on Peachtree Industrial Boulevard, killing a Roswell woman, police said.
Police expect to file charges against Bryce Dykes, 18, of Norcross at the conclusion of the investigation, acting spokeswoman Cpl. Valerie Southard said. But she said she wouldn't speculate about the nature of the charges. There is no indication that alcohol or drugs played a factor in the accident, police said.
If investigators determine that Dykes was driving recklessly, then he could be charged with felony vehicle homicide. However, if police determine he was not driving recklessly, then he could be charged with a misdemeanor.
Dykes was driving a Jeep west on Peachtree Industrial Boulevard at about 11:21 p.m. Friday when he collided with the back of a Nissan Altima, police said Monday. The Altima had slowed to turn on South Berkeley Lake Road just before the collision, police said.
All four people in the Altima were taken to the hospital. Linda Lin, 40, of Roswell, died at Atlanta Medical Center of her injuries, police said. Hospital staff said she died at about 1 p.m. Saturday.
A call to Lin's home was not returned Monday.
Dykes was named the AJC Gwinnett News offensive player of the year after leading Norcross to the Region 7-AAAAA championship and the state Class AAAAA quarterfinals.
The 6-foot, 185-pound senior passed for more than 2,100 yards and a county-best 22 touchdowns. He also rushed for more than 200 yards and three touchdowns.
About an hour before the accident, Norcross won the state basketball championship at Gwinnett Arena in Duluth.
"It was just a bad accident," Norcross football coach Keith Maloof said. "We're praying for all the families involved.
"Bryce is going through a tough time."

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Monday, March 12, 2007  

Niki Taylor Makes Great Recovery From Automobile Accident

WHAT EVER HAPPENED TO ... Model Niki Taylor's horrific 2001 accident only a detourBy BILL MONTGOMERYThe Atlanta Journal-ConstitutionPublished on: 03/12/07
By all accounts, supermodel Niki Taylor has rebuilt a fast-track life that almost ended in a shattering moment along Ponce de Leon Avenue in the early morning dark of April 29, 2001.
Critically injured when the Nissan Maxima driven by a friend hit a telephone pole near Glen Iris Drive, the Florida native suffered serious liver damage, endured nearly three months in hospitals and hours of surgery. The ordeal was not the first taste of trauma for the young woman born Nicole Taylor, who broke into modeling at 14 and whose smile beamed from magazines as the face of Cover Girl cosmetics.

Niki Taylor started a foundation to help women get a start in modeling and other businesses.
In 1995, her younger sister Krissy, also a model she called "my best friend," died at 17 of a rare heart ailment. A year later, Niki Taylor was divorced from Miami Arena football player Matt Martinez.
The mother of twin 12-year-old sons, Taylor, now 32, is still modeling. She has launched her own perfume, a citrus scented fragrance she named "begin ... by Niki Taylor." She has opened a women's clothing boutique in the Nashville suburb of Franklin, Tenn., and started a foundation to help women get a start in modeling and other businesses.
And she also has remarried, to a stock car race driver.
"Niki's always been a fighter," said her lawyer, Stephen Screnci of Boca Raton, Fla. "She's not one to sit back and complain. She took what life handed her, knew that it would take a lot of work for her to get back on her feet and did what she had to do."
Taylor, traveling on business with manager Louise "Lou" Taylor, who is not a relative, could not be reached for comment last week. Jamie Nehasil, with Tri Star Sports and Entertainment of Boca Raton, said Taylor moved to the Nashville area "not too long" after completing her hospitalization.
"Physically, Niki is doing well, but as for the car crash, she really doesn't talk much on it anymore. She would prefer to focus on the blessings and opportunities in her life right now," Nehasil said.
"She's been through a lot, and it's made her stronger," he added. "She's has a strong religious faith. And she's probably the sweetest celebrity I've ever worked with — humble and easygoing."
On her Web site, nikitaylor.com, the model said she wants to continue her chosen work.
"I have to admit traveling and meeting people keep me inspired. Traveling is something I consider to be a true privilege in my occupation ... I just need to keep a special balance of work ... [and home]."
The boutique she owns with her manager — "Abbie and Jesse's," named for the white Maltese dogs Niki Taylor and Lou Taylor own individually — sells trendy women's clothes, "lots of jeans," belts, hats and dresses, Nehasil said.
He said Taylor appeared recently on fellow model Tyra Banks' television show to talk about her "begin Foundation for the Advancement of Women in Business." Explaining her reasons for establishing the foundation, Taylor said she wanted a "constructive way to give back to the women who have supported my career for so long."
Taylor and Banks both started modeling careers in their teens.
Nehasil said Taylor doesn't travel as frequently now so she can spend more time with sons, Jake and Hunter, and her new husband, Burney Lamar, 26, whom she married in December after a four-month courtship.
Lamar drives in the NASCAR Busch Series, sponsored byAnheuser Busch, in races considered a proving ground for drivers in the second division, comparable to Triple-A baseball.
Nehasil said Taylor and Lamar met at another fast track. "A friend of ours at the office turned her on to NASCAR," he said.
"What ever happened to ... " is a weekly feature

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Sunday, March 11, 2007  

Bus Accident Site Of Previous Accidents

Ga. Barrier a Site of Previous Wrecks
By DANIEL YEE Associated Press writer

ATLANTA — Catherine Hartman is familiar with the concrete barrier where a bus carrying a baseball team from a small Ohio college crashed last week. Five years ago, she and her husband were in an accident at the same spot after she mistook the exit ramp for a commuter lane.
Today, with her left knee still not healed from the 2002 accident, she feels upset that more hasn't been done to prevent accidents there.
"It really bothered both of us," she said of the Bluffton University accident that killed seven. "In retrospect, we probably should have done more as far as insisting they do something to correct the situation."
Investigators said the driver of the Bluffton team bus also apparently mistook that same exit ramp for a highway lane on March 2 and overshot a stop sign at the top of the ramp. The bus slammed into the concrete barrier, flipped and fell 30 feet onto the pavement below. Six people were killed and 28 people were hospitalized. One of the injured died a week later.
On Friday, Atlanta police released to The Associated Press through the Georgia's Open Records Act three reports on accidents at the intersection of Interstate 75 and Northside Drive from 2002 to 2003, all involving drivers who didn't know they had left the I-75 high occupancy vehicle lane. In all three, including in Hartman's accident, the drivers said they were confused by the exit or did not realize they had left the highway.
Before the March 2 Bluffton University accident, the Georgia Department of Transportation said there had been two deaths from seven accidents involving that exit ramp in the last nine years.
"It's horrible to categorize fatalities but two fatality accidents, all involving motorists who ran stop signs, is not an inordinate number over a 9-year-period," said spokesman David Spear. "I don't think it speaks to the design of the ramp or signalization of the ramp."
As a result, the Georgia transportation department has no plans to close the ramp. But Spear said the agency is trying to "come up with potential additions" to alert drivers, including additional signs or traffic control devices.

March 11, 2007 - 5:56 a.m. EDT

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Friday, March 9, 2007  

Dump Truck Accident Kills Worker

LAW & ORDER: Dump truck accident kills workerBy Saeed Ahmed, Bill Torpy, Mike MorrisThe Atlanta Journal-ConstitutionPublished on: 03/09/07
A construction worker was killed Thursday afternoon at the Cherokee County Airport when he was crushed by a dump truck.
Sgt. Jay Baker of the Cherokee County Sheriff's Department said the man was standing in the dump truck's path at the top of a ridge, but was not in the driver's line of sight.
Baker said another worker standing next to the man jumped out of the way and was grazed by the truck but not seriously injured.
The dead man was not identified pending the notification of his family. The work crews were expanding a runway.

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Thursday, March 8, 2007  

Fatal Bus Accident Is Unfortunately Not Uncommon

FATAL BUS CRASHDriver confusion a common danger
By R. CLAY MILLINGPublished on: 03/08/07 in AJC
Friday's tragic bus accident on I-75 at Northside Drive is not the only time potential driver confusion has led to serious wrecks on Georgia roads and highways.
Road design flaws, inadequate signage and driver guidance issues are more common factors in accidents than many people realize. Examples are abundant: left lane exits like the one at Northside Drive (exits are almost universally located on the right and marked with green exit signs); left lane merges (lanes are generally merged from the right); and complex interchanges in metropolitan areas.

Each of these situations presents a driver with an unexpected situation. When a roadway fails to meet a driver's expectation or is confusing, motorists take longer to make decisions and sometimes make incorrect decisions. The potential for collisions increase dramatically.
Not long ago, along I-75 in Middle Georgia, the interstate transitioned from four lanes to three lanes, with the loss of the lane occurring on the left.
A driver, attempting to pass a truck on the left, realized too late that the left lane was ending. The driver pulled back into traffic and rear ended the truck. Three people were seriously injured in the wreck.
In the design of roads and highways, traffic engineers rely on many guidelines, the primary being the Manual on Uniform Traffic Control Devices. The MUTCD, however, does not pretend to illustrate every situation that may be encountered on every type of road.
Rather, it merely provides what are commonly referred to as "typical applications." Using Friday's accident as an example, many would argue that the exit at Northside Drive is not typical: it originates in the lefthand HOV lane, is marked in black and white letters instead of green and white, and contains the words "buses and carpools" on the sign.
What then, are traffic engineers and others to do when faced with a situation that is not "typical"? The answer is to follow the principles of "positive guidance," a body of work developed specifically for the Federal Highway Administration.
Positive guidance states, in essence, that drivers should be "positively guided" down the road and, if they are, wrecks will be minimized. Positive guidance envisions conspicuous road markings and signs that are clear and unambiguous.
A roadway that adheres to the principles of positive guidance will meet driver expectations, will not be confusing, and will, as a result, have a minimum number of accidents and near misses.
The issue of whether and to what extent the highway design may have played a role in last Friday's bus tragedy remains to be seen.
What is not debatable is that, given the sheer volume of traffic flowing on Georgia's interstate and highway system, road designers must assure that we are all guided in a clear, unambiguous, and "positive" manner. This will reduce wrecks and save lives.

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Monday, March 5, 2007  

Officer Dies After Accident In Line Of Duty

Officer dies after motorcycle accident
By Saeed AhmedThe Atlanta Journal-ConstitutionPublished on: 03/05/07
A Clayton County police officer died Sunday afternoon, four days after he was critically injured while escorting a funeral procession off-duty.
Officer Shawn Newlin, 25, never recovered from a coma following the wreck on Tara Boulevard near Sherwood Drive on Wednesday afternoon. He rear-ended a car with his motorcycle, was thrown off and landed on his head.
"It just makes you realize how fragile life is," Clayton police Maj. Tim Robinson said Sunday.
Newlin joined the Clayton Police Department in June, and had been working as a patrolman.
On Wednesday, Newlin was working a second job for a company that provides police escorts for funerals. He was wearing his police uniform and was riding a company-provided motorcycle.
As he headed north on Tara Boulevard to catch up with the funeral procession, Newlin ran into the back of a Chevrolet Cavalier. The woman and children in the car were not hurt.
Newlin was airlifted to Grady Memorial Hospital in critical condition. He leaves behind a wife and 2-year-old daughter. Friends and family members set up a fund, the Officer Newlin Support Fund, at Heritage Bank.
Newlin's death is the second one in a week of an off-duty police officer.
On Friday, Powder Springs police Officer Billy Andrew Morgan was killed when his Cadillac Escalade, going the wrong way on the Downtown Connector in Atlanta, collided with an ambulance.

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Tuesday, March 14, 2006  

Car Accident Uninsured Motorist Protection

Most drivers don't realize how important uninsured motorist protection is if you have been in a car accident. Uninsured motorist coverage generally provides protection for you and your passengers if you are involved in a collision with an uninsured driver or hit-and-run driver. If this coverage applies, it basically serves as a substitute policy for the other driver and your complete claim is made with your own insurance company. Uninsured Motorist protection is vital in case of a car or truck accident and should always be included when a driver purchases car insurance.

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