Truck Accidents

Published on: April 14, 2014

FMCSA Proposes Truck Driver Drug and Alcohol Test Database

Commercial truck drivers are held to a much higher standard when it comes to driving under the influence of alcohol and drugs when compared to the average motorist. This makes sense, since the stakes are much higher when it comes to commercial semi-truck drivers. Now the Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration (FMCSA) has proposed the establishment of a database that will contain information about driver drug and alcohol tests with the goal of preventing drivers with a substance abuse problem from slipping through the cracks and finding employment in the industry.

The FMCSA recently proposed the establishment of a Commercial Driver’s License Drug and Alcohol Clearinghouse, which would function as a database containing information about controlled substance and alcohol test results of commercial truck drivers. All commercial driver license holders would be included in the database.

Under the proposal, commercial motor carriers, employers, medical review officers, substance abuse professionals, as well as third-party agencies would be required to report drug and alcohol test results to the database. These persons would also be required to submit information involving alcohol or drug test refusals, negative return-to-duty test results, adulterated and substitute drug test results as well as other kinds of data that relates to driver alcohol and drug use.Additionally, labs that provide commercial motor carriers with drug and alcohol testing services would be required to report information about testing activities and results.

Published on: February 17, 2014

GAO Report Finds Fault with Federal Trucking Safety Rating System

by Robert N. Katz, Esq.

Commercial trucking accidents are one of the biggest hazards facing American drivers, and contribute to an average of 4,000 fatalities every year. Although the Federal Motor Carrier Safety Administration has a system for rating the safety performance of commercial truck companies and bus carriers, a new report finds that the system is inadequate, and delivers incorrect results.

Those are the findings of a new report released by the Government Accountability Office (GAO). The GAO recently completed an audit of the Federal Motor Carrier Safety Administration’s Compliance, Safety, Accountability program. The Compliance, Safety, Accountability program uses data collected from roadside inspections of trucks and 18- wheelers, as well as data from accident investigations, and uses this information to compare the performance of commercial truck and bus carriers. Trucks and buses are compared to other carriers of similar size and other characteristics.

The data are then used to increase oversight and scrutiny over the truck and bus carriers that the data finds have the highest number of safety violations.The data are compared with other trucking and bus companies as part of the Compliance, Safety, Accountability program’s Safety Measurement System.

Published on: October 7, 2013

Highway Safety Expected to Be Affected by Government Shutdown

by Robert N. Katz, Esq.

Certain highway safety initiatives across the country are likely to be affected by the federal government shutdown, which is currently in effect. While some agencies that are responsible for auto safety are likely to be negatively impacted, others that are responsible for trucking safety, fortunately, may escape unscathed.

The National Highway Traffic Safety Administration is one of those agencies that is expected to be affected by the shutdown and resulting lack of funding. This is the federal agency that is responsible for highway safety activities across the country, and therefore, this is one shutdown that has the potential to affect the safety of motorists and passengers.

The National Highway Traffic Safety Administration may be forced to cut several employees as part of the furloughs. That in turn, could also impact not only highway safety, but also trucking safety to a certain extent, because the National Highway Traffic Safety Administration also regulates trucking equipment.

Published on: September 23, 2013

Improper Tractor-Trailer Lane Possible Cause of Motorcycle Accident

by Robert N. Katz, Esq.

An improper lane change made by a commercial truck driver is being blamed for a recent fatal motorcycle accident on Interstate 75 in Henry County, GA.

According to the Atlanta Journal Constitution, the accident occurred when a motorcyclist traveling northbound was struck by a truck near exit 75 in Henry County.According to initial reports, a southbound truck crossed the median, and crashed into the motorcycle, killing the motorcyclist.So far, it appears that an improper lane change by the tractor-trailer may have started the fatal chain of events, although the investigation is still pending, and no charges have been filed against the tractor-trailer driver.

Every year, more than 4,000 motorcyclists are killed in accidents, and many of these motorcycle accidents are caused by motorists who are inebriated, driving recklessly, or driving while distracted.

Published on: August 12, 2013

U.S. DOT Eliminates Truck Safety Inspection Report Requirement

by Robert N. Katz, Esq.

As part of a new reprieve granted by the United States Department of Transportation (USDOT), truck drivers who perform daily pre-and post-trip safety inspections of their vehicle do not have to file a report if their inspection does not yield any defects.

USDOT has relaxed the requirement that mandated that trucking companies file a report for every inspection conducted by a driver before and after a trip, even if the inspection does not yield any defects. However, that does not mean that truck drivers don’t have to conduct inspections anymore. Inspections still have to be conducted as normal, but if no defects are found, the driver does not need to fill out any paperwork.

That means more time savings for truck drivers, and not surprisingly, the trucking industry has been very pleased with this reprieve granted by USDOT. The change comes as part of a directive by President Barack Obama, asking federal agencies to cut down regulation and red tape that could be hindering their business’ ability to make profits.

Published on: July 22, 2013

New Federal Rule Governing Trucker Hours of Service Goes into Effect

by Robert N. Katz, Esq.

On July 1, a new federal law that modifies current hours-of-service rules went into effect, affecting thousands of truckers on U.S. highways.The law is meant to help keep our highways safer, and reduce the number of truck accidents caused by drivers who are driving while fatigued or drowsy.

Under the law, truck drivers will be required to take a break of at least a half hour in the first eight hours after they begin driving.The rule also sets a maximum work week of 70 hours, a reduction from the earlier 82-hour limit.

These are significant changes, and have come as a result of concern over the dangers from drowsy truckers on U.S. highways.There have been a number of serious accidents involving truck drivers who were fatigued and sleepy while driving.Drowsy driving is a major safety concern, and it affects not just commercial truckers and bus drivers, but also motorists.In fact, drowsy driving is believed to be one of the most neglected and underestimated safety issues impacting our roads.

Published on: June 18, 2013

Three People Killed in Truck-Ambulance Accident in Georgia

by Robert N. Katz, Esq.

An out-of-control truck is being blamed for a deadly accident in Irwin County in South Georgia recently that killed three people.The accident killed two paramedics and a patient who was being transported to the hospital.

According to reports, the accident occurred on GA 32 in Irwin County when the tractor-trailer and the ambulance were traveling on the highway.The tractor-trailer jackknifed and the trailer collided with the ambulance in a deadly head-on collision that proved devastating for the occupants of the ambulance.

The Georgia State Patrol’s Special Crash Reconstruction Team has begun investigating the accident.No charges have been filed yet, and charges will be filed only after the completion of the investigation.

Published on: March 18, 2013

Truck Underride Guards May Not Protect Against Accident Injuries

by Robert N. Katz, Esq.

The angle of a passenger vehicle that is involved in a rear ender accident with a tractor-trailer could mean the difference between life and death for the occupants of the vehicle.This is because the underride guards that are located at the back of the tractor-trailer to protect the occupants of the passenger vehicle from serious injuries when it hits a truck don’t perform so well in many situations.

The study was conducted by the Insurance Institute for Highway Safety, which found that the underride guards located on the back of tractor-trailers, don’t always perform as well as expected in reducing the risk to passenger car occupants.

In some situations, these underride guards did a fairly good job.In the Insurance Institute for Highway Safety study, the researchers found that when the full width of the car hit the center of the trailer, the underride guards in all trucks prevented the front portion of the passenger vehicle from sliding under the tractor-trailer.A situation like this can mean almost instantaneous death for the occupants of a passenger vehicle, who may suffer serious head or neck injuries, or even decapitation.

Published on: May 8, 2012

Up to a Quarter of All American Adults May Be at Risk of Drowsy Driving Car Accidents

by Robert N. Katz, Esq.

A new study indicates that lack of sleep and insomnia are huge health problems among American adults. According to the study which has been published in the medical journal The Lancet, as many as a quarter of all adults are not happy with the amount of sleep they get each night. In fact, approximately 10% of adults meet the criteria for full-fledged insomnia. The Atlanta car accident lawyers at our firm unfortunately see far too many serious vehicle accidents due to drowsy or distracted driving.

Researchers based their study on an analysis of previous scientific databases, and findings from major studies conducted on sleep over the past 5 years. They found several factors that indicated we need to increase awareness about the widespread nature of insomnia, and spotlight the consequences of insomnia.

Insomnia is associated with a number of health disorders. According to a report published in 2002, persons who suffer from insomnia are about twice as likely to suffer from congestive heart failure compared to persons who have healthy and normal sleep patterns. Additionally, these persons will be approximately 5 times as likely to suffer from depression or anxiety-related disorders. Persons who suffer from insomnia, according to the researchers, may also be at a high risk for substance abuse, and psychological disorders.

Published on: January 15, 2012

Police Looking for Truck Driver Involved in Multivehicle DeKalb Truck Accident

by Robert N. Katz, Esq.

Police in DeKalb County are looking for the driver of a tractor-trailer believed to have triggered a multivehicle truck accident on interstate-285 that left two people dead.

The truck accident occurred on Tuesday when the tractor-trailer apparently hit a Ford Focus, which triggered off a multivehicle crash.The driver of the Focus crashed into a Toyota Camry.The tractor-trailer driver fled the scene of the accident. As a personal injury lawyer, I see far too many hit and run accidents. It is especially shocking that a truck driver who possesses a commercial driver’s license would flee an accident scene.

When the drivers of the Focus and the Toyota Camry got out of the car to check on the damage, they were both struck by an oncoming car.Both drivers sustained fatal injuries, and were declared dead at the scene.The driver of the last vehicle sustained injuries, and was rushed to the hospital.The wrongful death and personal injury suffered by these drivers was tragic and clearly preventable. Had the truck driver stopped his vehicle and immediately placed warning flares out, the other drivers may very well have not been killed on the interstate.