January 2012 Archives

Tanker Truck Crash Causes Cobb County I-75 Nightmare

January 24, 2012, by

Thumbnail image for 584005_30246517.jpgSeveral factors could have been involved in the long delays caused by a truck accident that occurred earlier this week on northbound I-75 in Cobb County. Tanker trucks, which often carry hazardous materials, are some of the most potentially dangerous vehicles on the road. When rain and slippery roads are added to the mix, there is a real potential for major problems and the sort of serious injuries I see in my practice as a Gwinnett County truck accident lawyer.

In this situation, the tanker truck was carrying a load of 9,000 pounds of propane. The tanker truck was reported by the Atlanta-Journal Constitution to have hydroplaned while traveling on the wet highway. It then struck the median, collided with a tractor trailer and tipped on its side. In fact, the initial accident set off a chain reaction accident that involved an auto and a second 18-wheel truck.

Amazingly, there were only minor injuries from this accident and there was no propane leakage. This is truly miraculous. The very real dangers in this situation and the potential for serious and catastrophic injuries cannot be understated. Everyone involved is quite lucky that there the biggest problem was property damage and lane closures which caused a mess for those trying to travel that day.

In this situation, the driver that caused the wreck was cited. Presumably, the truck was driving too fast for the circumstances. Hydroplaning is often the result of speed and wet conditions. If the conditions require a truck to slow down, the driver must take this into account and reduce speed to avoid the sort of accident that occurred in this situation.

The United States Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has many regulations that govern the operation of commercial vehicles, such as tanker trucks. Under the federal rules, which apply also to Georgia's roads, drivers must use extreme caution in hazardous conditions. Code of Federal Regulations section 392.14 requires "[e]xtreme caution in the operation of a commercial motor vehicle ... when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist."

Trucks are very heavy vehicles and passenger vehicles share the road with them every day of the week throughout Georgia. As I write about in my eBook on trucking accidents, there are many rules and regulations that govern trucking operations.

Trucking accidents can be serious, if not fatal. Thus, it is very important that those injured learn about their legal rights as soon as possible after an accident that involves a commercial vehicle or truck. Not only are there duties and obligations with which the driver must comply, but the operator or motor carrier company may also be involved. But only an expert can really help with all the potential parties who might be held responsible for a victim's injuries.

As a Gwinnett County, Georgia truck crash lawyer with offices throughout the Atlanta area, I represent victims involved in truck accidents who have sustained injuries in all surrounding cities and counties, including Duluth, Fulton County, Grayson, Gwinnett County and more. Please contact our law firm for a free confidential consultation at our main Gwinnett County law office, or at our offices in Decatur, the Perimeter and Buckhead.

Tractor-Trailer Dangers: Lane Changes Can Cause Serious Accidents

January 20, 2012, by

Thumbnail image for Truck4.jpgEarlier this week, a major interstate highway was partially closed due to a tractor-trailer crash which involved several passenger vehicles. Here in Georgia, I have represented many victims and families impacted by tractor-trailer accidents in my work as an Atlanta truck accident lawyer. These accidents can be devastating.

In this recent accident, which occurred in a nearby southern state, the scenario is one we have seen often in the Atlanta area. The truck driver changed lanes and struck a car in the lane next to his. He lost control of his truck and ran off the roadway, striking the jersey wall at the edge of the roadway. The debris from the impact hit two other cars traveling on the road. He was cited with making an unsafe lane change.

Everyone involved was wearing a seatbelt and there were only minor injuries. The very busy Interstate 95 was partially closed as it had been with another truck crash only days before near this crash site.

As noted in my ebook, Back on the Road, What to do After a Serious Semi, Tractor Trailer or Truck Accident in Georgia , an unsafe maneuver is a common cause of truck accidents. Georgia truck drivers must comply not only with the Georgia rules and regulations for driving safety, but the federal trucking regulations that are promulgated by the Federal Motor Carrier Safety Administration which govern commercial vehicle operation, are often involved as well.

The federal regulations require motor carriers, such as trucking companies, to ensure that they hire and train drivers in compliance with federal standards. When a truck accident occurs, it is important to determine whether the motor carrier has complied with such important standards as ensuring that drivers hold a commercial driver's license and have a good safety record. These standards are very strict and are intended for public safety because truck accidents can be very devastating and cause serious and catastrophic injuries.

Georgia's trucking laws also protect our roadways with standards and rules for trucking companies and drivers. The improper of erratic change of lanes is an important safety area with which truck drivers must comply. When drivers do not comply, they can eventually lose their licenses to drive and their livelihood.

The Official Code of Georgia Annotated section 40-5-151 provides that a serious traffic violation, such as a dangerous lane change, can result in a license suspension of not less than 60 days for two serious traffic violations within a three year period and for not less than 120 days if convicted of a third or subsequent traffic violation that is deemed serious. In addition to these punishments, Georgia commercial motor vehicle rules provide that drivers can lose a license after certain violations occur.

My law firm specializes in serious injury and accident cases. Truck accidents can be devastating and require the expertise and experience to build a legal case. Please contact my Gwinnett County and Atlanta area law offices if you have been injured in a truck accident in the Atlanta, Georgia area. I will consult with you at no charge to evaluate your commercial vehicle accident rights and remedies.

Gwinnett and Grayson Mourn Teen Tragedy

January 10, 2012, by

Thumbnail image for AutoAccident3.jpgAlcohol consumption might be a factor in a tragedy that has stunned the Gwinnett County community. As a Gwinnett County car accident and wrongful death lawyer, I am saddened to report that drivers in our area simply have not learned the lesson that we know can lead to injury or death.

What happened to the two teens is under review. Authorities are piecing together the tragedy that took the lives of these young people. The two teens were cashiers at Kroger's in Grayson. They were tragically killed, and three others were injured, in this terrible car crash in Gwinnett County. The crash was a three-car head-on collision.

What we know thus far is as follows. One deceased teen was driving and the other was a passenger in the car, when the collision took place at the intersection of Webb Gin House Road and Grayson Highway. A third teen was a passenger in the back seat and was taken to Gwinnett Medical Center in critical condition.

It is thought that the vehicle driven by the teen, crossed the center line and swiped another car coming in the opposite direction. That vehicle's driver suffered only minor injuries, as did her passenger. The vehicle driven by the teen then spun out of control after the side-swipe over the center line and struck the third vehicle, a pick-up truck being driven by the driver who was then charged with DUI.

Grayson High School is grieving the loss of young life, as am I. We cannot know for sure whether the DUI driver could have evaded the oncoming vehicle had his response time been unimpaired. This is why it is a horrific mistake to drink and drive.

Georgia law is stringent and clear when it comes to DUI. The Official Code of Georgia Annotated § 40-6-391 prohibits driving under the influence of alcohol, drugs, or other intoxicating substances. The penalties for driving under the influence are also found in this provision. Drivers convicted of violating this provision are guilty of a misdemeanor on a first and second conviction, but on a third conviction drivers are guilty of a high and aggravated misdemeanor, and on a fourth or more conviction drivers are guilty of a felony. The penalties for these stepped-up convictions include monetary fines and prison sentences.

For many years now, I have been a financial supporter of Georgia Mothers Against Drunk Driving and I have also served as a member of the MADD executive committee. In my catastrophic personal injury law practice, I have represented the injured victims of drunk drivers. Like all supporters of Georgia Mothers Against Drunk Driving, I will continue to support the effort to get the message out that drinking and driving must be eliminated.

If you have been injured in an accident caused by a drunk driver, please contact The Law Offices of P. Charles Scholle, for a free consultation. We have conveniently located offices in Duluth and throughout the Atlanta area. We are able to support victims in pursuing their legal rights and recover from their injuries from these convenient locations.

Tragic Atlanta Collision -- Trooper's Cruiser Crashes with SUV

January 2, 2012, by

emergencyvehicle.jpegWe are all aware that law enforcement has a tough job to do in keeping us safe. That job can be made even tougher when members of the public are at the wrong place at the wrong time. This past Sunday, the wife of an Atlanta Braves trainer died when a Georgia State Patrol cruiser was speeding to aid other law enforcement in a hot pursuit and hit the car she was in with her family. Others in the vehicle, including her husband and son, were injured as well. In my experience representing clients as a Gwinnett County injury and wrongful death lawyer, I know this tragic loss of life is devastating to loved ones. My personal condolences go out to the family involved in this terrible accident.

The scenario is one we have read about before, but it never gets easier, especially when life is lost. The Atlanta-Journal Constitution reported that a witness, who saw a state trooper's cruiser speed past him - feared something might happen and it did. He told the AJC that only " '[s]econds later I heard a big blast like a train crash.' " The sound was the cruiser, its lights and siren on, hitting an SUV that was driven by the Braves trainer. The SUV was hit at the intersection of Capitol Avenue and Memorial Drive in downtown Atlanta.

The cruiser was driven by a veteran Georgia state trooper, on his way to help other law enforcement in a chase situation. The trooper's injuries did not require hospitalization, although he did get treatment at Grady Memorial. The authorities are working to reconstruct what happened in this tragedy.

Among the many scenarios that law enforcement must face, is the need to travel at high rates of speed when innocent bystanders are also present. It is possible that the trooper was not able to see the intersection or the vehicle he hit - because the witness noted it was at the crest of a hill. Authorities should be releasing more on the crash as information becomes available.

We want to remind our readers about what Georgia law requires in situations like this. Official Code of Georgia Annotated § 40-6-74 sets out how drivers must operate on the road when an emergency vehicle is approaching. It requires that "[d]rivers of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or law enforcement vehicle has passed, except when otherwise directed by a police officer." However, emergency vehicle drivers must also "drive with due regard for the safety of all persons using the highway."

In some situations, it is not possible to pull over to avoid an emergency vehicle. Perhaps in this situation, the emergency vehicle came along with so little warning there was no way for the driver to get out of its way. We will only know this after reconstruction occurs.

Georgia's Move-Over Law is also important to remember. This law requires that drivers "move over" one lane when possible when an emergency vehicle with flashing lights is parked on the shoulder of the highway. If traffic is too heavy to move over safely, the law says drivers must slow down to a speed below the posted speed limit and also must be prepared to stop.

My professional experience as a serious car accident lawyer, has given me the opportunity to help families deal with the legal aspects of serious accidents and injuries. My law firm, the Law Offices of P. Charles Scholle has convenient offices throughout the Atlanta area. Please contact my law firm to arrange for a free consultation with me on matters ranging from truck accidents, motorcycle crashes, personal injury, wrongful death and estate administration.