Monthly Archives: June 2006

One killed in truck wreck on I-85 in Gwinnett

One person was killed in a truck-car wreck on Interstate 85 southbound late Friday. As it changed lanes, a tractor-trailer moving from the far left lane to the far right lane at Jimmy Carter Boulevard sideswiped a Mercury.  The Mercury came to a complete stop in one of the highway’s through lanes, and a Toyota … Continue Reading

Are new hours of service rules working?

No statistics are available, but I’m beginning to suspect that the new hours of service rules adopted by the Federal Motor Carrier Safety Administration may be helping to reduce the incidence of fatigue related truck crashes.  This is just an impressionistic hunch and extremely preliminary, but there may be a trend.
For nearly a year and … Continue Reading

Even after Sereboff, there are defenses against ERISA medical reimbursement claims

How to respond to medical reimbursement claims by insured ERISA plans against injury victims.
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Washington police crack down on impaired truckers

Washington State Patrol troopers say that a recent rash of intoxicated truck drivers hauling heavy loads down Washington highways has them stepping up efforts to get impaired truckers off the road. One truck driver was hauling a 140,000 pound load (limit is 80,000 pounds) and hisbreath test registered over .08 , which is more than … Continue Reading

Two truck drivers killed when one crosses median at 1 AM

Topeka, KS.  The driver of a semi truck crossed the median and collided with another tractor trailer about 1:00 a.m. Monday morning.  Both vehicles caught fire and both drivers were killed at the scene.
The most likely hypothesis in this scenario is that the driver who crossed the median fell asleep.  Investigation should include examination of … Continue Reading

Congressional committee seeks more FMCSA safety audits & on-road driver training

House committe pushes for stricter FMCSA enforcement and on-road driving test for drivers.
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UPS mechanic killed when tractor trailer driver falls asleep, drifts off I-285

Atlanta, 6/7/06. Randy Carnes, 47, of Winston, Georgia, was killed in a dramatic crash on the shoulder of I-285 just north of Cascade Road.  Mr. Carnes was a mechanic for UPS working on a UPS truck that was stalled on the shoulder of the highway.  A tractor trailer driver apparently fell asleep and drifted out … Continue Reading

Proposal for privately funded truck toll lanes on Atlanta expressways

The Georgia DOT is consideirng a proposal for a private consortium to add toll lanes for trucks to portions of I-285 and I-20 in metro Atlanta.   The proposal would have the investment banking firm Goldman Sachs, the engineering firm PBS&J and the law firm McGuire Woods to help develop and finance a possible expansion of … Continue Reading

Perry man killed when rearended by tractor trailer

Perry, GA, 6/6/06. 
A Perry man injured when rear-ended by a tractor-trailer on Ga. 247 died Tuesday night at a Macon hospital.  Duane Rothe, 55, of Perry, suffered a serious head trauma and internal injuries in the 9:50 a.m. accident, Houston County sheriff’s Cpl. Sean Alexander said. Rothe was transported to The Medical Center of … Continue Reading

Potential personal liability of trucking company owners and officers for improper dispatching

While there are no published decisions adopting this position, it is theoretically possible to hold trucking company owners and officers personally liable for their personal participation in dispatching drivers on trips that cannot possibly be lawfully completed.
Violations of Federal Motor Carrier Safety Regulations provide applicable standards of care, breaches of duty, and evidence of negligence, … Continue Reading