Atlanta Injury Law Blog

A truck driver who apparently feel asleep at the wheel crossed the median on I-69 and struck a Taylor University van, killing four students and one university employee. Those killed included Taylor students Whitney Cerak, Laurel Erb, Bradley Larson and Elizabeth Smith and Taylor employee Monica Felver. Taylor senior Laura VanRyn and Taylor employee Michele Miller were flown to a Fort Wayne in critical condition. The truck driver, Robert F. Spencer, apparently tried to blame the wreck on tire failure with no supporting evidence, and refused to talk to Indiana State Police, who were inspecting his driver log and related documents. Another driver had seen him drifting and tried to warn him by CB radio, but got no response. The truck driver had a record of speeding violations in while driving a tractor trailer.

Marion is familiar territory to me. I had a family of seven cousins who grew up there. I have pleasant memories of many summer visits there, as well as taking part in four or five of their weddings. One of my cousins was a librarian at Taylor University before she went off to serve as a missionary in Africa and ultimately settled in Sweden.

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).

Whitney Cerak who was pronounced dead was mistaken with Laura VanRyn. Cerak was in coma for weeks before regaining consciousness and the mistake was found. I am from Maryland and there was much press on this here so perhaps you've seen this. In either event it is certainly a mistake in identity that had to impact greatly on many lives. Tragic news for the VanRyn family who had believed for weeks Whitney was their daughter.

The thing I would like to know is how did Ron Mowery got the position of County Coroner. If memory serves, when he was mayor it was discovered that he didn't even have a high school diploma and had trouble getting a GED. DNA may take some time but dental records don't. There is no way you can blame the families for this mistake. They were probably being told "She's doesn't look like the daughter your used to but she will again with time" and they were distraught over this horrible accident that happened to their child. The other family thought their child was dead and were probably told that it would be best if they didn't look. I have said from the beginning that this would cost the county some money and I don't blame the family for sueing. I would also. If you wonder who to blame, just look at the signature at the bottom of the paperwork. Ron should have never signed his name without being absolutely positve. I feel that it should be mandatory, when involving a death, that DNA or at the least dental records be checked. BY A EDUCATED PERSON!!! I also don't agree with the truck driver being held for reckless homicide. This was an accident. He did not mean for this to happen. People talk like the taylor van was a bullseye and he hit the target Should he get in trouble for his log books being off? Yes. Should he get in trouble for driving longer than he should have? Probably. Should he spend the rest of his life in prison for it? No. I am a truck driver who knows every time I get on the highway, I know I could die. For someone who has never driven an 18-wheeler, it is very different from driving a regular vehicle. One tire of the road and you could be done for. You can't correct yourself like you would think or like you do in your car . I think we need to define the word accident. If a family is on their way to Florida for vacation and they drive thru the night to make good time and have an accident after falling asleep and hurt or kill their children, should they be held for murder? People fall asleep at the wheel everyday and injure other people, but all you'll hear about that is a 30 second bit on the news about some guy that fell asleep at the wheel. There was (and still is) so much media attention surrounding this, adding fuel to the flame, and now there is a man facing life in prison for falling asleep at the wheel. He will have to live with this forever. Isn't that enough? If it was my kids and they was shot with a gun i would say HANG the man but i guess im smart enough to know what a accident is

It was just a tragic accident that he did not mean to do. Anyone can fall asleep at the wheel,no alcohol or drugs were involved, I dont understand why they are giving him such a harsh sentence for an accident it was not intentional. could you please respond

RESPONSE FROM KLS:

I'm sure he didn't intend to kill five kids. However, the problem of driver fatigue is an epidemic in the trucking industry. That's why there are hours of service rules, and a rule against driving when impaired by fatigue. That's why there is so much concern about the widespread cheating on hours of service rules. That's why there is so much controversy over the FMCSA increasing the legal driving hours in a manner that many informed people believe increases the risk to both public safety and truck drivers' health.

He didn't mean to do it, even though seriously violated the hours of service rules designed to prevent that sort of thing? Tell that to the families who lost their children.

The trucker who killed 5 students and injured 4 when he crashed into a Taylor University van in Indiana was grossly over the legal hours of service. Federal Motor Carrier Safety Regulations limit interstate commercial truck drivers operators to no more than 11 hours of driving time following 10 hours off duty and prohibit driving after the 14th hour since starting work. At the time of the collision he was found by investigators to be more than 9 hours in excess of the 11-hour rule and 10 hours in excess of the 14-hour rule.

According to published reports, he was also talking on his cell phone and driving with the windows open and air conditioning on full blast in cool weather, presumably to try to stay awake. He now faces criminal prosecution on five counts of reckless homicide and four counts of criminal recklessness resulting in bodily injury.

http://www.atlantainjurylawblog.com/trucking-accidents-trucker-who-killed-5-college-students-in-indiana-was-way-over-legal-hours.html