Atlanta Injury Law Blog

According a survey conducted by the Insurance Institute for Highway Safety, truck drivers are driving longer hours and dozing off behind the wheel more often since new U.S. hours-of-service rules went into effect in January 2004. The new rule lengthens the mandatory rest period by two hours but lets drivers stay on the road an extra hour every day. See Today's Trucking article.

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 have been driving truck for over 13 years. No accidents and no tickets. I laugh every time I hear someone champion an electronic device as the "cure all" to a problem. Let me point out a few problems within the trucking industry. These probelems are not seen or recognized due to economic gain/loss or just plain ignorance.

1. Hours of Service- The lobby that chose to attack this aspect of the trucking industry, (MATT) Mothers Against Tired Truckers, had not a clue what they where getting into. They started a war cry, a politican saw future votes and the trucking companies saw a way to increase revenue. Gee- Thank you. Now I can drive 11 hours a day instead of 10. I can work 98 hours a week instead of 70, (with restart). Those who knew nothing of the industry should have left it alone. Don't work those hours you say- then Dejesus from Mexico will, for less. He can now enter the US and drive all the way to Canada. Some of the larger, infamous carriers are already setting up shop in Mexico and they are recruiting. Have you ever woundered how someone can safely drive anything within the US without being able to read the road signs?

2. Pay - this is really simple economics and math. If you could control how much you make, would you make less or more. Some companies pay a percentage of the load. Average 25-28%. This is the same average they were paid in 1970. Some get paid by the mile. Average would be about 28 cents a mile for beginers or drivers with bad driving records. Here is the math. 28 cents a mile equals $15.40hr at 55mph, $18.20hr at 65mph and $21.00hr at 75mph. How fast do you drive? How fast would you drive? Then there is the owner/operator. He is paying a mortage on a house every month for his wife and kids. He is spending 2-3 weeks away from home at a time and paying $3,000.00 to $4,000.00 a month on his truck, plus a list of expenses I don't have time to list. His load of freight is paying $1.50 a mile. The same amount it paid in 1970. Fuel is costing him 33 cents a mile and the broker is getting a 30% cut. The broker only got 10% in 1970. He can only make a profit in the long, high speed run. Everybody wants cheap freight. Think about it next time you shop at Wal Mart or K Mart.

3. Hostile states - They do exist. The list grows longer and more unkind by the day. How many of you drive an average of 10 to 20 mph over the speed limit? When you are a Commercially Licensed Driver all tickets and infringments cost 200 to 300% more and up. Law makers say it is for safety. How does more revenue in thier pockets make the street safer? If I receive a ticket in my company truck it raises my car insurance. If I get a DUI in my car I lose my job. If I were a doctor and was found guilty of mal-practice I could still drive. If I were an airline pilot and I was found guilty of piloting a 600,000 lb aircraft, carring 400 people at 500mph,....I could get in my car and drive away from the courthouse. Should a truck driver's professional license and personal license be one and the same? You decide.

I cannot drive more than 11 hours in a 14 hour workday. By the 11th hour the truck must be stopped or it's a BIG fine. Every big parking lot says, "No trucks" States say, "No parking on ramps" or it's a fine. States say, "Parking in disignated parking spots only" or it's a fine. Tell me. Where the hell am I supposed to park? So I can sleep for 10 hours. This is a big revenue scam. New York state is a state I really hate driving into. They have a new law. No idleing for more than 5 minutes. The police cruise the truck stops and any other truck parking to write easy tickets. It's a good law you say? Good for the environment you say? Good for revenue I say. The truck engine provides heat and cooling to the sleeper compartment. People go to prison, as they should, for leaving thier infant locked in the car, in the middle of summer. Baking, cooking. Would you try to sleep in your car in the middle of winter, with the engine off? Then drive another 11 hours.

4. Unlicensed drivers - yes they do exist. In trucking as well as in cars. Usually hired as cheap labor (hauling trash) from North East cities. They have been caught numerous times. 6 different guys with the same license or not even a fake license. You may not like this but English is the official language of this country. How can someone safely drive or pass a license test without being able to read English?

5. I could go on for hours. What it comes down to is this. Legislators must sit down with the DRIVERS. Not the companies and work this out. There is no other way. I will leave you with some parting thoughts.

Safety around trucks:

See that big empty space in front of that truck. It's not for you. When you dive in there, then hit the brakes for the red light, you condemn us to hit you. We would rather not.

Trucks do not have rear view mirrors. We do have big side mirrors. Please do not follow with the high beams on thinking we don't see them. We do and they are blinding. There are no deflection setting on those big mirrors. We get the full effect.

Do not pass on the right on major highways.

Do not sit in the center lane. On most 3 lane higways the signs read, "No trucks left lane" If you sit in the center lane, slow traffic is in the right lane. How are we to get around you? Without getting another fine.

Do not drive, sitting along side the trailer tires. If we need to change lanes you are in a location of "clear/ not clear". Have you ever seen a tire blow. It is carring air at 95 - 105psi. It has 7000 ibs of weight on it. When it blows a chunck of rubber weighing between 5 and 200 lbs is headed straight for your car. Why risk it. You see a truck follow at a reasonable distance or pass it. Do not hang around it.

Flicking your lights. You are in the left lane. Coming up on a truck at a high rate of speed. What you don't see is another vehicle about to enter the highway from the right. You flick you lights to let the truck know you are coming. He puts on the left turn signal and enters your lane. He did not cut you off on purpose. Flicking your lights means, "you are clear, you may enter my lane"

Are there bad truck drivers out there, you bet.
Are there bad car drivers out there, you bet.

Do we want to make it home to our families in one piece, with out hurting anyone, you bet.

You could not have said it better.
I am married to a owner/operater truck driver. It is hard to make a living. He get paid a %. We have 2 children and everyone wants cheaper rates on their freight charges.
It is a stain on the truck drivers not having sleep, but when the county needs to go to Wal-Mart or Food Lion, how do you think it merchandise gets ther? By fairies? No A man with a family brought it. Just like you have a family. People go home and sleep, my husband is driving. So I guess it is hard for people to see when they are always asleep, that truck drivers need sleep too.
My husband has customers that complain when they don't get their freight sooner. I guess they are who everyone should be blaming. Not the driver. He's just trying to put food on his table for his family.
I wish everyone could step out of their shoes and look for inside a truckers view. It would scare you to death. So when you pull out infront of a truck, or over in front of a truck, remember,He is just the driver of a man made truck that can not stop like you can in a car and he has a family also. I think people forget Truck Drivers are people to.
So share the road,and make it easier for truck drivers to get some sleep so you can get home safley and he can get home to his family also.

Drowsy driving s just as deadly as drunken driving, Children playing, people taking a walk have been victims of such accidents. All of us are at a risk of drowsy driving , we live in a twenty four hour society where a lot of people are tired all the time. At 60mph if you close your eyes only for a second you have traveled 88 feet.

Can you prevent this from happening to you? Yes! By using NoNap
NO NAP is specially designed safety device to rest comfortably over the top of your ear. Turn on the unit and if your head nods in a sleepy position an awakening alarm will sound alerting you and your co passengers of your current situation. This immediate warning alarm makes the driver take control of the vehicle saving you and your co-passengers lives. Protect yourself with this inexpensive device.
www.thenonap.com

I have been a truck driver for over 5years i try to obey the rules ones i can rember. I got sick one morning and had to pull off on a ramp or pass out and when the state cop said you can not park here i said i was very sick he gave me 137.50 ticket. I went home then my wife drove me to the er stayed for 3 days and found out my pancress was about to burst. For our saftey or for our money?

Although we need to have safer highways I don't think this new law gets the intended result.

This new Law may work OK for single drivers but what it does to teams is force you to work """more hours""" not less. Simply put, a team operation never stops. If one driver has to sleep 10 hours then the other has to drive 10 hours..... now 5 and 5 doesn't give me enough sleep "it is enough for some people" I do better with 8 and 8 . Is it just me or does a shorter work day seem safer? Also who can sleep 10 hours straight " that has to be the laziest dude ever and AIN'T NO TRUCK DRIVER.

Do we need to do something about safety on our highways? Yes!

But this new law is more a part of the problem than the answer.

We must all work together to solve the problem, only then will we be successful.

P.S.
We do care; please stay out of blind spots and drive carefully.
If we all work together, we "all" go home safe.