UPS mechanic killed when tractor trailer driver falls asleep, drifts off I-285
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 of the traffic lanes, striking Carnes’ truck that was parked behind the UPS truck under which he was working. This set off a chain reaction. The tractor-trailer that hit the mechanic’s vehicle then jackknifed and hit two other trucks and a car, pinning the car against the median wall. In addition to Carnes, three other people were injured, and diesel fuel and UPS packages were strewn across the expressway.
Several possible violations of Federal Motor Carrier Safety Regulations may be involved here:
49 CFR 392.3: “No driver shall operate a motor vehicle, and a commercial motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”
49 CFR 395.3: Maximum driving time for property-carrying vehicles.
Subject to the exceptions and exemptions in Sec. 395.1:
(a) No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle:
(1) More than 11 cumulative hours following 10 consecutive hours off duty; or
(2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property- carrying driver complies with the provisions of Sec. 395.1(o) or Sec.
(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, for any period after–
(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
(c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or
(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.
49 C.F.R. § 390.13: "No person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules of this chapter."
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.