An Overview of Trucking Accident Law
Trucks are not simply big cars, and a truck wreck usually means far more than just a traffic jam, it often means that someone has been seriously injured.
For the innocent victims of truck accidents -- those in passenger vehicles, on motorcycles, or pedestrians -- life-changing injuries and death are too often the catastrophic results of negligence on the part of either the truck driver or the trucking company. Many truck accidents are directly caused by dangerous driving on the part of truck drivers. Because trucking companies often make unrealistic demands of truck drivers to "make time" and meet unreasonable deadlines, at times truck drivers push their trucks (and their bodies) well beyond reasonable limits of safety and alertness, which can result in serious accidents. But regardless of the many pressures they face, truck drivers have just one option when they are in any condition that's less than 100 percent. That option is to get off the road until they are ready and able to resume their job.
Whether its because of truck driver fatigue, truck driver drug or alcohol use, truck driver distraction, or reckless driving, when truck drivers fail to make responsible decisions, accidents that could have been prevented happen and people get hurt and killed. It is the innocent victims and their loved ones that are left to suffer.
On today's crowded highways, the margin for driver error is increasingly slim, particularly in Georgia. Many of us have first-hand accounts of close calls and "near-death" experiences involving trucks that were moving too fast, following too closely, or simply coming out of nowhere like freight trains fallen off their tracks. If you've ever been driving down the highway on a rainy night, and a large frocks speed by you at speeds that were far too unsafe, you know what we're talking about. Thousands of trucks of every variety pass through the major arteries of Georgia each day, and too many of those trucks are driven by truck drivers with minimal regard for the safety of others on the road. Truckers are encouraged to speed and drive while fatigued, since trucking companies pay drivers by the mile, not by the hour, a dangerous and unfair situation for the drivers.
Because trucks and truck drivers are highly regulated, the litigation surrounding truck accidents requires experienced attorneys in what has become a complex and difficult arena of personal injury law. A person injured or killed as a result of a truck accident needs lawyers with knowledge and experience navigating the evolving web of federal and state regulations that govern trucking operations, safe driving techniques, and the appropriate documentation that trucking companies are required to maintain. Knowledgeable attorneys committed to investigating the many possible causes of truck accidents are essential to helping truck accident victims obtain just settlements and verdicts for their injuries or the loss of their loved ones.
Over 100,000 people a year are injured in trucking accidents and more than 5,000 people are killed. Trucking companies and their insurance adjusters usually offer little help to the victims of a truck accident. Although tractor-trailers account for just three percent of all registered vehicles, according to the National Highway Traffic Safety Administration's 2004 data, they accounted for eight percent of all vehicles involved in fatal crashes. Every year thousands of victims of trucking accidents do not receive the just compensation they deserve. It is standard practice among insurance companies to initially offer victims a small and inadequate settlement. The Speaker Law Firm knows what you are entitled to and will fight for just compensation.
Our attorneys are well versed in Georgia law, and can assist you if you have been injured in a semi-truck or another type of trucking accident. Each attorney in our Atlanta office can review your claim and advise you of your legal options. We travel throughout Georgia in order to help our clients. Regardless of where the accident occurred, our attorneys and investigators will come to you in order to investigate the accident and give you a free consultation about your case. If you are the victim of a trucking accident, contact one of our Atlanta, Georgia Personal Injury Lawyers today! (please link to home page and delete this)
Semi-Truck Accident Statistics
• 416,000 large trucks were involved in traffic collisions in the United States.
• 4,862 were involved in fatal crashes which accounted for 5,190 fatalities.
• 116,000 people were injured in trucking accidents in 2004.
• Trucks represented 8 percent of all vehicles involved in fatal crashes, even though they only represent 3 percent of the vehicles.
• 77 percent of fatalities in truck accidents were occupants of another vehicle, usually it is the person trucker hits and not the actual driver of the truck is injured.
• 73 percent of injuries in truck accidents were occupants of another vehicle, again, it is the innocent driver that suffers.
• There were no contributing weather conditions in 87 percent of Georgia truck accidents.
• Every 16 minutes, a person is killed or sustains injuries in accidents involving 18-wheelers, tractor-trailers or semi-trucks.
• Large trucks are more likely to be involved in a fatal multi-vehicle crash than are passenger.
• About 27 percent of all large truck drivers involved in fatal truck accidents throughout the United States had at least one prior speeding conviction compared to 19 percent of the passenger vehicle drivers involved in fatal crashes.
• From 1992 to 2002, the number of large trucks involved in fatal crashes has increased by up to 10 percent due to driver fatigue, unsafe vehicle operation, large, unstable loads or defective equipment.
Defects contribute to the number of large truck accidents each year. Some of these defects include:
• Tires or wheels: 80 crashes
• Brake-related: 76 crashes
• Engine/Transmission: 52 crashes
• Steering Wheel: 13 crashes
Georgia Specific
About 700 heavy truck drivers and passengers in truck cabs die each year. In addition, almost 3,700 persons in cars and other passenger vehicles die annually in collisions with heavy trucks.
The Insurance Institute for Highway Safety reports that in crashes involving large trucks and other vehicles, 98 percent of the fatalities occur to the people in passenger vehicles.
• Fatal Truck Accidents: 208/ year
• Non-Fatal Truck Accidents: 5,244/ year
• Accident Locations: 33 percent (Urban), 57 percent (Rural)
• Carrier Information:
- 50 percent of Georgia truck accidents involve carriers whose principle place of business is not GA.
What Are the Most Common Causes of Trucking Accidents?
Semi-truck accidents may be caused by a variety of factors which include that there are many unique characteristics and capabilities of a large truck. Trucks have certain limitations other motor vehicles do not. Other motor vehicle operators should be aware of these limitations and the damage that they can cause.
Other Common Causes for Serious Truck Accidents
• Overloaded or oversized trucks due to negligence.
• Faulty or poorly maintained truck brakes that cause accidents.
• Poor driving conditions such as fog, snow, rain, or smoke.
• Aggressive or reckless truck driving on the part of the operator of the tractor-trailer.
• Speeding too fast.
• Lack of training on the part of the driver.
• Sleepy, tired, or fatigued drivers which cause accidents.
• Unsafe safety systems, reflectors, lights, and other warning devices that should have been better maintained.
• Alcohol-related or drug-related accidents which could have been prevented.
• Failure to yield the right of way.
• Failure of the truck to install under-ride protection.
Asleep at the Wheel -The Growing Problem of Driver Fatigue
1. Approximately 100,000 police-reported crashes annually involve drowsiness/fatigue as a principal causal factor in the accident (source: The U.S. National Highway Traffic Safety Administration (NHTSA))
• a. Fewer than half of drowsiness/fatigue crashes are properly identified (Miller, 1991)
2. At least 1,500 people are killed annually in fatigue-caused crashes in the United States (source: NHTSA)
• a. At least 71,000 people are injured in fall-asleep crashes each year in America (source: NHTSA).
• b. Fatigued drivers are responsible for more than $12.5 billion in monetary losses each year (source: NHTSA).
3. Factors leading to fatigue-related crashes involving tractor-trailers:
• a. Sleep-deprived or fatigued driver that is trying to push the clock
• b. Driving long distances without rest breaks and against regulations
• c. Driving through the night, the early afternoon, or at other times when they are normally asleep so that they can keep on schedule
• d. Taking medication that increases sleepiness or drinking alcohol while driving
• e. Driving alone and not paying attention
• f. Driving on long, rural, boring roads
• g. Frequent driver
4. People tend to fall asleep more on high-speed, long, boring, rural highways. New York police estimate that 30 percent of all fatal crashes along the New York Thruway occurred because the driver fell asleep at the wheel (source: National Sleep Foundation (NSF)).
5. Truck drivers are especially susceptible to fatigue-related crashes because of the long time they spend behind the wheel.
• a. In addition to the high number of miles driven each year, many truckers may drive during the night when the body is sleepiest but traffic is lighter.
• b. Truckers may also have a high prevalence of a sleep and breathing disorder called sleep apnea.
• c. Studies suggest truck-driver fatigue may be a contributing factor in at least 30 to 40 percent of all heavy truck accidents, this is the kind of negligence that could have been prevented. (Source: NSF).
6. Sleep research has shown that the risk of causing a wreck increases with the number of hours on duty, which is why this is regulated (NSF).
7. Studies reveal that most people need at least 8 hours of sleep to maintain proper alertness (NSF).
• a. A U.S. government study found that commercial drivers complying with hours-of-service rules generally obtain about 3 hours less sleep per day than necessary (NSF).
• b. A study of long distance truckers by the Insurance Institute for Automotive Safety revealed that 1/3 of all truckers routinely exceed their maximum driving hours and 75 percent of truckers occasionally do so. Trucking companies push their drivers to maximize their time on the road with little regard for the safety of others.
8. Fatigue impairs such things as:
• a. reaction time;
• b. vision;
• c. judgment;
• d. information processing;
• e. short-term memory;
• f. motivation;
• g. vigilance; and
• h. performance.
9. Driving while fatigued is similar to driving while intoxicated:
• a. After 18 hours of sustained wakefulness and a lack of taking the appropriate breaks, a driver is impaired just as much as if he had a blood alcohol level of .05 percent (a 200 pound man imbibing three drinks in less than an hour has a BAC of .045 percent)
• b. 24 hours of sustained wakefulness without sleep equals a blood alcohol level of .10 percent (Dawson & Reid, 1997; Williamson & Feyer, 2000) (after six drinks in less than a hour, a 200 pound man has a BAC of just over .10 percent)
• c. Drinking one beer after 4 hours of sleep can have the effect of a six-pack on the driver. (Roehrs, 1994)
What Can I Recover After a Semi-truck Accident?
As the victim of a trucking accident, you are eligible to compensation for your past and future medical bills, property damages, lost income, pain and suffering, and restitution for how four-year injuries and the fact that they will influence the rest of your life.
If you are the family member of a trucking accident victim who has been killed as a result of a negligent act of a truck driver, known as a
wrongful death claim, you may have the right to recover compensation for the loss of your loved one. Contact one of our Georgia attorneys and arrange a case evaluation about your semi-truck or other trucking accident claim with an attorney at the Speaker Law Firm.
Who Can be Sued in a Truck Accident Case?
• There are many possible defendants in a trucking accident and we can help you value it who are the appropriate port is to seek compensation.
• The truck's driver
• The owner of the tractor-trailer
• The owner of the tractor-trailer
• The truck's commercial company due to any negligence on their part
Our Georgia semi-truck accident attorneys have years of experience in trucking accident litigations. Contact the Speaker Law Firm for a case evaluation and determine if you are entitled to restitution for your trucking accident injuries.
Truck Jackknifing
Jackknifing refers to what occurs during the accidental folding of a large truck (like the angle of a folding pocket knife). Truck jackknifing may be caused by equipment failure, improper braking, or poor road conditions, as well as many other factors. In many cases jackknifing will cause a rollover. Typically a truck jackknifes as a result of the truck driver's negligence, usually the driver locks up the brakes which causes the accident. A Georgia semi-truck accident attorney at our firm may be able to prove driver negligence.
What to do at the Scene of a Trucking Accident?
If you are involved in a semi-truck or trucking accident, follow these general guidelines of what to do at the scene in order to protect yourself:
Remain at the scene of the trucking accident and wait for the police to arrive.
Call the police immediately.
File a police report when the officers arrive and be sure to give them your full side of the story.
Seek medical attention, even if you think you are not seriously injured.
What may seem at the time to be a minor injury may later proved to be a serious and debilitating condition.
Get the license number, personal information and insurance details, and name of the other driver involved.
Take notes – he should include the events of the accident, road conditions, and witness accounts in a witness's personal information.
Contact an attorney to get further information on your legal rights.
Largest Georgia Truck Carriers:
• SOUTHERN AG CARRIERS, INC.
• KENNESAW TRANSPORTATION, INC.
• HOWARD SHEPPARD, INC.
• B-H TRANSFER CO.
• TRANSUS INTERMODAL LLC
• ENERGY DISPATCH, LLC
• SOUTHERN FREIGHT INC.
• NATIONWIDE SOUTHEAST, INC.
• HILLS TRANSPORT, INC.
• COLONIAL CARTAGE CORPORATION
Major Interstates, Intrastates, and Highway in Georgia
Major Highways in Georgia include: I-16, I-20, I-59, I-75, I-85 and I-95.
Interstate 16: I-16, also called Georgia State Route 404, lies entirely within the state of Georgia. I-16 begins in Macon at I-75 through to Savannah. The route is 169 miles long.
Interstate 20: I-20 runs through the southeastern U.S., beginning in Kent, Texas. The route runs 1,508 miles and ends in Florence, South Carolina. Georgia cities that lie along the I-20 route are Atlanta and Augusta.
Interstate 59: I-59 is a 442 mile highway that runs from Slidell, Louisiana through to Lookout Mountain Georgia.
Interstate 75: I-75 provides the leading route for any location between the Great Lakes and Florida. The northern terminus is Sault Ste. Marie at the Michigan/Canada border. The southern terminus is in Hialeah, Florida. Major Georgia cities along its 355 mile section of the route include Atlanta, Dalton, Macon, Marietta and Valdosta.
Interstate 85: I-85 spans 668 miles of the southeastern United States. Georgia accounts for 180 of the miles, with connections to cities such as Auburn and Montgomery.
Interstate 95: I-95's northern terminus is Houlton, Maine on the Canadian border, while the southern terminus is and runs in Miami, Florida. The entire highway stretches 1,907 miles, 113 of which are in GA. Brunswick and Savannah are GA's main cities along the I-95 route.
Please take the time to review the free
special reports you can download off of our site. Whether you contact our firm or another attorney, we implore you to seek representation and speak with an attorney before discussing your case with the insurance companies. You can contact us today at 404-531-9868 for a free consultation or simply fill out the 100 percent confidential contact form to your left. We thank you for taking the time to visit our Web site and if we can be of any further assistance please do not hesitate to
contact us today.
