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As a trial lawyer representing injury victims in trucking accident cases in Georgia, I’m always on the lookout for medications affecting driver alertness.  Another suspect medication has been added to the list.

The Federal Motor Carrier Safety Administration issued a warning Thursday on the anti-smoking drug Chantix, advising medical examiners "to not qualify anyone currently using this medication for commercial motor vehicle licenses." Chantix, made by Pfizer, Inc., was attacked in a study by a non-profit group on Wednesday for possible links to seizures, dizziness, heart irregularity, diabetes and more than 100 accidents. The U.S. Department of Transportation warned all of its agencies almost immediately after seeing the report which reported that Chantix was linked to 988 serious events in the last quarter of 2007.

For more information, see this article by Alicia Mundy and Avery Johnson of the Wall Street Journal.

While my trucking litigation law practice is in Atlanta, Georgia, I know that long haul trucking safety is not just an American issue.  With the long distances between populations centers in Australia, all the challenges facing American truckers are big deals there too.  Driver fatigue, for example, is every bit as big a problem for Aussie "truckies" as for American truckers.

At the Australian Trucking Convention this week in Canberra, which includes the ATA Safety Summit,  FleetSafe is exhibiting a range of trucking safety technologies, including:

  •  video based event recorders
  • in-vehicle black box monitoring systems
  • trailer reversing cameras
  • wireless CCTV systems
  • electronic tire inspection tools
  • RFID tire tracking and fuel management systems.

A FleetSafe spokesman said, “Safety is great for business. Safe working conditions mean reduced costs associated with accidents and down time which ultimately increases efficiency and profit. In the transport industry safety means more than simply compliance. It is about creating a culture of safety that saves the lives of drivers and other people on the roads. These are issues that affect us all.”

Last Friday,  an Atlanta jury returned a verdict of $54.4 million in a truck wreck case involving the death of a a Jamaican immigrant. It was a great verdict resulting from great trial advocacy.

Of the $54.4 million in the verdict, $44.4 million was punitive damages. In my post about the verdict, I wondered how the plaintiff could avoid reduction of the punitive award to $250,000 under the tort reform law that has been on the books since 1987.

Well, on Monday, the judge did judge that, cutting the punitive award from $44.4 million to $250,000, and the total verdict from $54.4 million to $10,250,000.

Meanwhile, we are waiting on a Court of Appeals ruling in a case case year where we got a $2.3 million judgment in a trucking case involving a broken leg. No issue of punitive damages went to the jury, but we did include a claim for attorney fees and expenses of litigation based on "bad faith" conduct in violation of mandatory safety rules, specificially the Federal Motor Carrier Safety Regulations.  The jury was able to use that to add one-third of compensatory damages for attorney fees, plus all of our expenses of litigation. The Court of Appeals has until the end of July to rule in the case. 

Meanwhile, in another case a trial judge in Macon reviewing the same legal authorities, said he thought it would be reversible error not to include the "bad faith" attorneys fee claim in jury instructions.

If the plaintiff in the trial last week had emphasized the claim for bad faith attorney fees based on violation of Federal Motor Carrier Safety Regulations, a claim  which is not subject to a statutory cap, in addition to the claim for  punitive damages which is capped, the net result would be a judgment for about $13,583,333 plus expenses, rather than $10,250,000.  In effect, $3,333,333 may have been left on the table.  In such a case, the claim for attorney fees and expenses under Georgia law is potentially worth a great deal more than the "sexier" claim for punitive damages.

This is one of the points I am prepared to cover in a seminar presentation in St. Louis later this month for the Association of Interstate Trucking Lawyers of America, an organization for which I am on the National Advisory Board.

As a Georgia attorney focused on representing folks hurt in trucking accidents, I hear a lot of stories about driver fatigue issues, and how the practices of dispatchers and shippers affect fatigue, from truckers from across the U.S. and Canada. That’s why I try to keep up with trucking industry news from all over North America.

The North American Fatigue Management Program, which was launched in Alberta, Canada, is designed to determine when truckers should be driving or whether they need to pull over, based on personal differences.  Recognizing some people have sleep disorders that are treatable, the program seeks to put an emphasis on individuals by analyzing the trucker’s own circadian rhythm, his scheduling, and lifestyle differences.  For example, some drivers are morning people, while others are not.  Some have sleep disorders; others do not.

The program was conceived in Alberta as a partnership between Alberta Infrastructure and Transportation and the province’s trucking association. It was inspired by a joint study on driver fatigue by Transport Canada and the Federal Motor Carrier Safety Administration (FMCSA) in 1999.

The study could provide new insights about nighttime driving, napping and sleep debt, and serve as a framework for modifying hours of service rules in the U.S. and Canada.

"We had a concept and there are all kinds of research out there regarding napping, circadian rhythm and sleep apnea. We put all the known aspects of fatigue together and built a comprehensive fatigue management program.  It includes dispatch guidelines, screening for sleep disorders, medical intervention [so a driver won’t lose their job due to treatment], and training," according to Roger Clarke, executive director of Vehicle Safety and Carrier Services with Alberta Infrastructure and Transportation.

As a Georgia trial attorney handling trucking accident cases, I see too many instances of truck driver fatigue and drug usage leading to tragedy.  The pattern is exemplified in a Missouri case.  It has resulted in an $18 million settlement for the deaths of four family members (ages 55, 57, 81 and 94) on the way to a 50th wedding anniversary celebration. 

The truck driver had less than the required amount of rest the night before, according to subpoenaed cell phone records, and  was on eight prescribed medications that warned of possible drowsiness.   Witnesses said he was falling asleep at the wheel before he sped past warning signs and a flagman, slammed into a long line of cars, crossed the median and jackknifed on the opposite side of the highway.

According to a report by Joe Meyer of the Columbia Tribune, a family member said, "The money wasn’t something that we were after.  It was just a way to give a message in this part of town that the truckers should not be out there like that."

As an attorney handling trucking accident cases in Georgia, I’ve seen a wide variety of violations of trucking safety rules. It’s a nationwide problem.  In 60,000 random inspections of tractor trailers in Arizona, 31% yielded safety violations serious enough to take the truck out of service. Fully 86% turned up at least one safety violation. That’s according to a report by Joe Ducey at KNVX-TV in Phoenix. The breakdown of violations in the Arizona report is as follows:

Types of Out-Of-Service Violations in Arizona in 2006:
False Report of Driver Record of Duty Status – 2,818
Inspection/Repair & Maintenance – 2,674
Driver Fail to Retain Previous 7 Days Logs – 1,500
No Driver’s Record of Duty Status – 1,396
15 Hour Rule Violation – 1,357
Brake Out of Adjustment – 1,194
Inoperative/Defective Brakes – 980
10 Hour Rule Violation – 921
No or Improper Load Securement – 717
Flat Tire or Fabric Exposed – 708
Stop Lamp Violations – 706
No/Improper Breakaway/Emergency Braking – 684
Tire Flat/Audible Air Leak – 590
Brakes-General – 582
Failing to Secure Vehicle Equipment – 546

Companies with Most Out-Of-Service Violations in 2006:
Swift Transportation Company Inc – 148 (out of 611 total violations)
Knight Transportation Inc – 51 (of out 137 total violations)
San Luis International Freight Services LLC – 50 (out of 259 total violations)