Trucking Accidents

Electronic Evidence in Truck Crash Claims

October 21, 2022 | Benjamin S. Persons, IV

The number of large truck crashes is on the rise, in part because of the number of inexperienced drivers who are behind the wheel. According to the American Truck Driver Association, the current 80,000-driver shortage could reach 160,000 by 2029. These large vehicles are difficult for even experienced operators to handle. An inexperienced driver could cause a high-speed crash that leaves little but charred wreckage behind.

The lack of eyewitness and physical evidence could be a problem when such cases go to court. But an experienced Marietta personal injury attorney knows how to overcome such problems and turn lost opportunities into new opportunities. Frequently, electronic evidence survives even the worst and most destructive wrecks. Furthermore, most tech-savvy Cobb County jurors embrace electronic evidence and give it even more weight than some other kinds of proof.

Event Data Recorder

What Causes Truck Crashes?

September 30, 2022 | Benjamin S. Persons, IV

Mostly because of driver issues, large truck crashes have increased by 47% since 2009. Especially given continuing supply chain issues, companies put more pressure on drivers than ever to deliver their loads as quickly as possible, regardless of safety concerns. In other words, these companies put profits before people. Regulators have not helped. If anything, regulators have made the safety problem worse by diluting key safety requirements, like HOS (hours of service) rules.

Big companies often disregard public safety, and regulators often look the other way. In such environments, people can still count on a Marietta personal injury attorney to protect them. Attorneys hold negligent companies responsible for the injuries they cause even when regulators fail to do so. More importantly, a lawyer obtains the financial compensation truck crash victims need and deserve.

Impaired Driving

Common Injuries in Truck Crash Claims

August 26, 2022 | Benjamin S. Persons, IV

At a minimum, fully-loaded semi-trucks weigh over 80,000 pounds. Especially if they carry consumer goods, state and federal regulators almost routinely give truckers overweight waivers. Although today’s cars and trucks have many more safety features than the ones made 20 years ago, modern safety features cannot possibly absorb all the force in a high-speed truck wreck.

Largely because of this excessive force, the average injury-related medical bill in a serious injury claim exceeds $100,000. If the victim required helicopter medevac, which is common in these cases, the medical bills could exceed $150,000. Generally, group health insurance companies refuse to cover such costs. So, a Marietta personal injury attorney connects victims with doctors who, even though they are tops in their fields, charge nothing upfront for their services.

Head Injuries

Feds Continue Watering Down Truck Driver Safety Rules

March 31, 2022 | Benjamin S. Persons, IV

Truck drivers hauling certain consumer products are exempt from some HOS (Hours of Service) rules, according to the Federal Motor Carrier Administration.

The latest exemption does not expire until May 2022 at the earliest. In a statement, the FMCSA stated the extension was necessary, even though COVID-19 cases are dropping, since “persistent issues arising out of COVID-19 continue to affect the U.S. including impacts on supply chains and the need to ensure capacity to respond to variants and potential rises in infections. Therefore, a continued exemption is needed to support direct emergency assistance for some supply chains.”

The HOS waiver applies to drivers carrying livestock, feed for livestock, fuel, most medical supplies, and most food and paper products.

Commercial Truck Involved in Deadly Hit-and-Run Crash on the Interstate

February 18, 2022 | Benjamin S. Persons, IV

Some months ago, State Police and local highway authorities were searching for a large commercial truck that they believed was involved in a deadly hit-and-run collision. The truck accident occurred in the early morning hours on a stretch of road in Marietta.

Georgia State Police believe that a yellow Volvo tractor trailer was traveling westbound and attempted to make an unlawful U-turn on the highway. An oncoming car struck and drove under the truck’s trailer. Tragically, the driver and the passenger of that vehicle were killed in the wreck. Witnesses say the truck pulled into a nearby parking lot before fleeing the scene of the accident.

Georgia Law: Drivers Must Stop and Remain at the Scene of a Crash

Electronic Evidence in Truck Wreck Claims

February 4, 2022 | Benjamin S. Persons, IV

Since 2009, the number of large truck accidents in Georgia has increased by 47%. These wrecks often cause catastrophic injuries, like serious burns and head injuries. Diesel fuel burns at a different temperature from ordinary gasoline, and a fully loaded large truck weighs more than 80,000 pounds. So, these wrecks often involve fires and almost always involve an unbelievable amount of force.

Electronic evidence is often very compelling in these cases. This kind of proof resonates well with tech-savvy Cobb County jurors. Additionally, most courtrooms have large, HD monitors. When jurors see these screens, they expect to see pictures on these screens. So, a Marietta personal injury attorney usually tries to present as much electronic evidence as possible. This proof increases the chances jurors will award maximum compensation for your serious injuries.

Event Data Recorder

How Can Commercial Truck Drivers Prevent Accidents?

September 3, 2021 | Benjamin S. Persons, IV

Accidents involving commercial trucks can have devastating results. This is mostly due to the fact that a semi-truck can weigh more than 30,000 pounds, while a passenger vehicle typically weighs only around 4,000 pounds. The following are some of the most common causes of commercial truck accidents and some practical ways for commercial truck drivers to prevent these kinds of accidents.

What are the Most Common Causes of Commercial Truck Accidents?

There are a few common causes of truck accidents, which include the following:

Crashes With Large Trucks are Bad News for Cars

July 16, 2021 | Benjamin S. Persons, IV

Size matters in traffic accidents. Traffic accidents involving large vehicles frequently result in more, and more severe, injuries to those in the smaller vehicles. 18-wheeler commercial trucks are the blue whales of the highways. Nothing is bigger. Consequently, accidents between passenger cars and tractor-trailer rigs are much more likely to end in death or severe injuries, with those fates falling disproportionately upon the occupants of the passenger vehicles. It is not that the occupants of the 18-wheelers are never killed or injured – of course they are. But the occupants of passenger vehicles involved in accidents with tractor-trailers invariably suffer more serious injuries.

Accidents With Large Trucks Can Lead to Severe Injuries

More than 4,100 people were killed in traffic accidents involving large commercial trucks in 2019. In 2018, there were 176,000 people injured in such accidents. Of the 2019 fatalities in crashes involving large trucks, only 16% were occupants of the trucks, while 67% were occupants of passenger vehicles. The rest were motorcyclists, bicyclists, or pedestrians. Similarly, in 2018 82% of the deaths in accidents involving tractor-trailer rigs and other large commercial trucks occurred among people who were not occupants of the trucks. Every year, the vast majority of both injuries and fatalities in crashes involving large commercial trucks and passenger vehicles are not occupants of the trucks.

Speed Limiters for Large Commercial Trucks Might be Back on the Agenda

June 25, 2021 | Benjamin S. Persons, IV

In August of 2016, the federal government proposed regulations to require that large commercial trucks be equipped with speed limiters. The proposed regulation did not set firm top speeds, but suggested the limiters could be set at 60, 65, or 68 miles per hour. All of those speeds are below – often well below – the top interstate highway speed limits across the nation. Only Hawaii has a top speed limit as low as 60, while many states have top limits of 80 miles per hour, and most have top speed limits of 70 or 75 on non-urban interstates. Just a few months after the regulations were proposed, Donald Trump was elected president and began an effort to reduce regulations. Speed limiter regulations died on the vine.

Speed-Limiter Regulations May Undergo a Revival Soon

The trucking industry at large considers it likely that the Biden administration will impose further regulations rather than eliminating them, making it a decent bet that speed limiters for large commercial trucks will be back on the regulatory table. One industry publication considers regulations on speed limiters among the most likely to be brought back to the table under the new administration.

Underride Accidents are Uncommon but Deadly

April 9, 2021 | Benjamin S. Persons, IV

Underride accidents, a type of accident involving passenger vehicles and tractor-trailer rigs, are responsible for only about 1% of all highway fatalities annually. However, like their cousin “override” accidents, underride accidents are particularly lethal for the occupants of passenger vehicles involved. In addition, safety groups tend to focus on underride accidents because of the belief that such accidents are preventable, given the proper safety equipment. Underride accidents occur when a passenger strikes a tractor-trailer rig from behind or from the side. Because the trailer in a tractor-trailer 18-wheeler rides much higher than most passenger vehicles, such collisions often result in the passenger vehicle driving under the trailer of the 18-wheeler. This frequently wedges the passenger vehicle under the trailer and essentially cuts the top off the passenger vehicle. Occupants of the passenger vehicles frequently suffer catastrophic, often fatal, upper body injuries, including decapitation. While the federal government has taken some regulatory steps to address the issues, there remain safety groups who are not satisfied with the progress.

Preventing Underride Crashes is Simple, But Complicated

On one level, preventing underride crashes is as simple as installing barriers that make it difficult or impossible for passenger vehicles to drive under the trailer of an 18-wheel rig. Unfortunately, that is not as simple as it sounds. Underride crashes cause far fewer accidents, injuries, and fatalities than do other primary causes such as speeding or driving under the influence of alcohol or drugs. Underride accidents caused an average of 219 traffic deaths annually from 2008 through 2017, accounting for less than 1% of all traffic deaths during that time frame. On the other hand, that number represents more than 5% of all deaths involving large commercial trucks over the same time period. The fact is, underride accidents tend to be fatal, certainly for the people in the passenger vehicles involved.