Atlanta Injury Law Blog

A truck driver who plowed into a stopped car on 1/25/06 and killed seven children from one family had been awake for 34 hours, except for a short nap. This dramatically emphasizes the widespread problem of truck driver fatigue that we see time and time again.

Seven children from one family in Lake Butler, Florida -- five siblings and two cousins -- were killed when their car stopped behind a school bus that was letting off children, and an 18-wheeler crashed into the car. Reports from the scene indicated the truck left no skid marks. The semi truck hit the car from behind and pushed it into the bus, causing the car to burst into flames on the rural two lane highway. Children on the bus reported hearing the truck's horn blasting before impact. The bus ended up 200 feet from the point of the chain reaction impact, and the cab of the truck lay overturned near the scene. The bus was at an approved bus stop. Early indications are that the truck may not have braked. The National Transportation Safety Board plans to spend eight to 10 days at the scene. A full report likely won't be ready for six to seven months. A data recording box inside the truck should show the truck's speed and indicate whether the driver braked. The bus was equipped with a recording device, but it wasn't working.

The car burst into flames, and everyone inside was killed, including 15-year-old Nicky Mann, who was driving illegally with a learner's permit and was taking her adopted siblings and her cousins home from school. Three children on the bus were seriously injured. The kids were heading home, and then to church. The fact that the driver was a few months shy of 16 and driving on a learner's permit appears irrelevant. It would have made no difference if the person behind the wheel of a car stopped behind a school bus had been a 54 year old with 38 years experience as a licensed driver.

The children's grief-stricken grandfather died of a heart attack that night, the eighth fatality of the crash. The family had planned to finalize adoption of the youngest child this week. Instead, they are planning funerals for all the children and their grandfather.

Investigation of the crash centers on "why he didn't see a big, large school bus." Authorities are looking into whether the truck driver was possibly talking on his cell phone, if he was tired or if there was a mechanical failure of the truck. A blood sample was taken from the truck driver to test for alcohol and drugs.

The truck driver, Alvin, Wilkerson, was cited in 2000 for driving with a suspended license and twice, in 2000 and 2001, for operating a vehicle in unsafe condition. He also was arrested and charged in 1997 with accessory after the fact to murder, in connection with the kidnapping and murder of a toddler, though that charge was later dropped, and was convicted of solicitation of prostitution in 1999.

Wilkerson was driving for Crete Carrier Corp., a Nebraska-based trucking company with its Florida hub in DeLand. (Coincidentally, I was in DeLand taking depositions of a truck driver and company representative on the day of this crash.) Crete employs 5,400 truck drivers operating 5,100 tractor-trailers around the country. Accordingly to FMCSA records, in the last two years, Crete truck drivers have been involved in 482 crashes and 20 of those crashes ended in fatalities. In Florida, transportation officials conducted 259 inspections of Crete trucks and drivers in the last two years alone and found 111 violations. Eight of those violations were so serious that inspectors immediately forced the trucks out of service and off the road.

This crash on a straight, level rural road highlights a national trend, in which the Road Information Program researchers determined that traffic fatality rates are 2.5 times higher on rural roads than on all other roads.

The Shigley Law Firm represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a "SuperLawyer" in Atlanta Magazine and one of the "Legal Elite" in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks).

I THOUGHT CRETE AS A WHOLE HAD A GOOD SAFTY RECORD. IS THAT NOT TRUE. TO THE NO. OF TRUCKS CRETE RUN, ARE THE NO. HIGH OR LOWER THAN AVARGE?

Greetings,

I really enjoy your blog. Truck wrecks and Hours of Service issues are a hobby of mine.

Thought for the day: In a number of your posts you mention rear end accidents where the driver apparently never applied his brakes. It appears that the drivers involved simply ran over the cars at highway speed. The drivers may well have applied brakes; however, anti-lock braking systems today prevent wheel lock-up. Thus- no skid marks.

In seeing the news, anytime a truck is involved in an accident, i work as an EMT and been to a few of them, yes this driver is clearly at fault but in hearing the reports of public opinion on truck drivers i think its clear some people need to examine how they drive too.

I should know better than reply to blogs, especially from a shark site; but when you stated that Crete had been involved in 20 fatal accidents, I didn't see anywhere where you said that they were not always at fault . Crete has a better than average accident record than most. There are always going to be accidents. It really aggravates me when everyone is so quick to slam the companies. Have you ever rode in a semi? A person needs to see 1st hand how people drive around trucks. Yes not all semi drivers are perfect either. It's a completely different world than from driving a car. I drive in both. Yes; I'm a trucker, I drive a semi that won't do above 65mph. Just think about all of the people who get aggravated by the "slow" truck on I-75? I don't cheat the log system, run 100% legal & I make between $55k-$60k per yr.

And would that all semi drivers were honest and played by the rules. Looking at it statistically, drivers of semis who are involved in collisions usually walk away. I said 'usually.' I realize that there are fatalities in this profession as well, which should make trucking/transportation companies/brokers look at their bottom line as PEOPLE not money and that when they push their drivers to push the HOS enevelope, someone is going to get hurt or killed.

Not only that, hiring practices are certainly another area to look at. For instance, what about those drivers who have been arrested or faced charges of manslaughter, DUIs or drug usage while driving? They besmirch a decent profession.

I am glad that you are doing so well and a credit to your profession. And do you have a governor on your semi?

i cant beleive a person could do this and i dont think if he was a good driver then he would have not of done this.