Atlanta Injury Attorneys Blog

Several 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.

Earlier 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.

Last week, an Atlanta Foods International truck was hit by a freight train in a crash that easily could have turned tragic, but didn't. As a Georgia catastrophic injury lawyer, providing legal representation to victims of Atlanta tractor-trailer accidents, I was relieved to learn that no injuries or fatalities occurred in the incident on the Cherokee Street train crossing in Kennesaw.

What happened? What we know is that the truck became stuck on the CSX Transportation train tracks close to Main Street. The tractor-trailer apparently was unable to cross the railroad grade when the trailer somehow got tangled in the tracks. Amazingly, the driver was able to exit the tractor to safety before the trailer was slammed by a freight train.

The truck driver was cited by the police for "failing to heed a crossing signal that warned of an approaching train." After the accident, it took several hours for the roads to be opened and the truck to be removed. Some repairs are needed on the crossing. This incident should remind us of the dangers of trying to outrun an approaching train.

The Official Code of Georgia Annotated (O.C.G.A. § 40-6-140) provides for a reasonable and prudent standard for crossing railroad grade. Specifically, when a person driving a vehicle approaches a railroad grade crossing, the driver is required to stop within 50 feet but not less than 15 feet away from the nearest rail. The driver must not continue until he or she can do so safely when a signal device is warning of a train's approach, a crossing gate or flagman is signaling an approach, or a an approaching train is plainly visible and is in "hazardous proximity" to the crossing.

Other provisions of this section state that drivers must not go around a barrier or crossing gate when closed. Further, in situations in which there is no electric or mechanical signal device warning of immediate approach or there are no barriers or gates, all drivers must slow "to a reasonable and prudent speed and verify that there is no approaching train prior to proceeding." (See O.C.G.A. § 40-6-140 (b) and (c)).

Georgia law also provides that: drivers are not permitted to drive a vehicle over a railroad grade crossing when a train is approaching, if there is insufficient space to drive completely through the crossing without stopping, or there is insufficient undercarriage clearance for the vehicle to negotiate the crossing. (See O.C.G.A. §§ 40-6-140 (d) -- (f)).

These rules seem obvious, but in many instances in which accidents around train tracks occur, these basic rules are not followed. Some vehicles do not leave sufficient room in front of them to avoid stopping on the tracks when other vehicles are ahead of them. In this case, the driver apparently had a mechanical problem, but also did not heed the warnings of an approaching train. In some instances, drivers simply do not anticipate that a train could approach at any time and allow their vehicles to be boxed in which can lead to major injury or a fatal accident.

If you or a family member have been seriously injured or worse in a Georgia semi truck accident, please contact the Law Offices of P. Charles Scholle, P.C. -- we have decades of experience helping tractor-trailer accident victims get back on their feet and on with their lives. To find out how we can help you, contact us today for a free, confidential consultation at one of our convenient offices in Decatur, Duluth, Buckhead or the Perimeter.

This past week a major crash occurred in DeKalb County, pointing again to the dangers on Atlanta area roads. The tragic accident which occurred on I-285 involved a hit and run tractor-trailer. As an Atlanta area truck injury lawyer, I believe that hit and run accidents are unfortunately becoming more and more common.

The facts of the crash are still being reviewed by authorities, but one thing is tragically known. Two men were killed in the wreck, one a resident of Stone Mountain and the other of Covington.

We have often heard of chain-reaction truck and auto crashes, but usually the vehicles are disabled to the point where most of them remain in the vicinity. But the crash this past week was different. Apparently, the crash occurred in the early morning hours last Tuesday and shut down traffic during the commute.

It is believed that the chain-reaction was likely started by a tractor-trailer that first hit a car which then collided with another car. The truck kept driving and the driver has not been located, but will likely be charged once he is located. Minimally, the charges would include hit and run, a violation of Georgia law.

After the initial collision, both drivers exited their vehicles at the scene. But were then hit by a vehicle that came upon the scene after the initial collisions occurred. And that vehicle killed both of them.

The driver of the last vehicle was taken to the hospital for treatment and will not be charged with any crime. But that is not the case with the tractor-trailer driver who drove away after hitting the first car.

The applicable Georgia law O.C.G.A. § 40-6-270 (a) provides that the driver of any vehicle that is involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident..."

In addition, subsection (b) provides that: "If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years."

What this means is, the driver of the truck that began the chain reaction would be the "proximate cause" of the death of the two men and the driver could be charged with a felony for his or her failure to remain on the scene of the accident.

In this accident, we cannot know what would have happened had the truck stayed at the scene of the initial collision. Perhaps the fourth driver who tragically hit the two men that had collided after the truck left, would not have hit the men had the truck still been on the scene of the accident. Maybe the wreck would have been more visible from a greater distance with the truck still there. It might have saved the lives of these two men.

My law practice specializes in cases involving serious injury and accidents. Truck accidents can be particularly devastating and requires expertise and experience in building 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 provide consultations at no charge for those who would like to know their legal rights in commercial vehicle accidents and injury matters.

In the recent past, the Atlanta Injury Attorneys Blog has posted on several tragic accidents involving families traveling across our beautiful country. The Atlanta-Journal Constitution carried an Associated Press report this past week on another deadly crash involving a semi-trailer and a passenger van carrying a family. As a Georgia truck accident lawyer, I have represented many families through the medical and legal aspects of major collisions such as this one.

The accident itself included a series of events that are not uncommon, but together ended in seven deaths. According to the report, ten extended family members were traveling on an Indiana Interstate on their way to a funeral. Among the passengers were three children and a newborn infant.

The minivan was traveling on the Interstate and struck a deer. After this occurred, a semi-trailer struck the mini-van from the rear. Due to the collision with the deer, the van slowed down considerably and was possibly stopped in its lane.

It was reported that the truck was traveling at the speed limit and struck the van from behind, hitting it so hard that portions of the van were crumpled under the truck's tires. The driver was not under the influence and was released from the hospital after being treated for minor injuries. He has not been charged in the crash. But the nature of the accident could lead to a personal injury or wrongful death lawsuit by the family, depending on the facts involved and the familial relationships of those killed in the crash.

Apparently, three passengers survived the crash and were taken to the hospital. There were 10 total occupants in the minivan and not one of them was wearing a seatbelt. The infant was in a car seat that had not been fastened to the seat. As a result of the crash, the truck and the van ended up in the center median and due to the severity of the crash, traffic was stopped in both directions for many hours.

All drivers should observe the defensive driving rules that require that vehicles allow sufficient space in front of them so that they can stop or slow down in the event of a situation like this. More and more we see drivers failing to leave space. Perhaps if the driver of this truck allowed sufficient room to stop - he would have been able to avoid rear-ending the van.

It takes longer for trucks to stop under any conditions. They need more room and more time to come to a full stop when traveling at high speeds. Even if this driver was traveling at a safe distance, he was not able to stop in time to avoid hitting the van. He might have not seen it in time or expected it to be there. Georgia motor vehicle drivers must obey rules related to safe driving distances and related safety concerns.

If you are traveling on a highway and a truck is tailgating you, move over cautiously and let the truck pass if at all possible. Trucks are required to travel at safe distances which can also depend on weather conditions in which even more space is sometimes required. The law of physics accounts for stopping distance and can be summed up in terms of the mass of a truck and its velocity translating into the kinetic energy that happens when vehicles collide.

At a recent forum of the Federal Motor Carrier Safety Administration, experts spoke about the dangers of trucks and passenger vehicle collisions. Although "the fatal crash rate for large trucks has declined significantly during the past decade, even though the number of miles driven has increased by 36 percent. Despite these improvements, there are nearly 400,000 crashes involving large trucks in the US each year resulting in about 5,000 fatalities." The experts attribute about 70 percent of fatalities are due to other vehicles sharing the road with trucks and the need for more care around large trucks.

If you or a family member have been seriously injured or worse in a Georgia semi truck accident, there is a dedicated local legal professional ready to assist you. In a Gwinnett County tractor-trailer accident lawsuit, you may be entitled to recoup expenses for medical care, hospital stays, lost salary and work hours. At the Law Offices of P. Charles Scholle, P.C., we have decades of experience helping tractor-trailer accident victims get back on their feet and on with their lives. To find out how we can help you, contact us today for a free, confidential consultation at one of our convenient offices in Decatur, Duluth, Buckhead or the Perimeter.

As a Georgia truck accident lawyer, I know it is critically important for the public's safety that truck companies and drivers follow the rules that govern how long a driver is permitted to stay on the road, among many other important guidelines. Serious truck accidents, injuries and even deaths are often caused by driver fatigue.

What many might not know is that there are both federal and Georgia state guidelines on precisely how long a driver can be on the road. The Federal Motor Carrier Safety Administration is responsible for enforcing the regulations that provide clear guidelines as to the length of time that truck drivers, such as those driving 18 wheelers, are allowed to drive. These regulations are intended to make sure that drivers do not get into their trucks and out on to the nation's highways when they are fatigued and are intended for the public's safety.

The provisions for hours of service are found in Part 395 of the Federal Motor Carrier Safety Administration. This agency is part of the United States Department of Transportation.

Drivers of large tractor-trailers are limited to how long they may drive. The hours-of-service regulations apply to drivers of commercial motor vehicles. There are many specific ways to determine whether a vehicle is a commercial motor vehicle.

In general, under the federal laws, a commercial motor vehicle is a truck or a tractor-trailer that is engaged in what is called interstate commerce and has an actual weight or a weight rating of 10,001 or more pounds or carries hazardous waste in a quantity that requires a hazardous waste placard. Other commercial vehicles include those that carry a certain number of passengers.

Hours-of-service regulations focus on when and how long a truck driver is permitted to drive and the total number of hours that a driver can work before that driver is no longer permitted to drive. There are certain maximums that apply to this which are called the 14-hour duty limit, the 60/70-hour duty limit and the 11-hour driving limit. The 60/70-hour duty limit is based on a seven or eight day period and restricts the total number of hours a driver has driven or worked in these time frames. The 60/70-hour rule is quite detailed and is found in sections 395.3(b) and (c).

There are some exceptions, but in general tractor-trailer drivers are only allowed to be on duty for 14 consecutive hours and once they have reached this time limit they must not drive again for another 10 consecutive hours. The 14-hour limit includes lunch or nap breaks. In addition, a truck driver cannot drive more than 11 hours during that 14-hour time frame. Once this limit has been reached, the driver must take off for another 10 hours.

This is an important issue in driver fatigue truck crashes. In an injury case involving a large truck that would be governed by these regulations, it is important to find out how long the driver has been driving. As an experienced trucking crash lawyer, I learn this by securing driving logs and other information from the truck driver, the trucking company and its records.

Trucking accidents can cause very serious injuries or death. As a Gwinnett County, Georgia truck accident attorney with offices throughout the Atlanta metro region, I handle truck accidents and truck injury cases 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.

The Atlanta Injury Attorneys Blog has often posted on the serious dangers of bus and truck accidents and the major injuries that can result from crashes involving these vehicles. My Atlanta personal injury law practice is dedicated to helping people who have suffered injuries in serious motor vehicle accidents, including those involving large trucks and buses.

Last week in Nebraska, 41 people were taken to the hospital for injuries when a bus crashed into an overturned semitrailer that had drifted and overcorrected, causing it to become imbalanced and overturn. Thankfully, many of these injuries were minor, but others were not. Serious injuries often result from accidents involving trucks and buses, not to mention a collision of two of these large vehicles.

The cause of the accident is under investigation. The accident occurred near Omaha at about 2 a.m. in the morning. The bus was traveling to Denver. A semitrailer had overturned and was in a lane of traffic when a second truck came along and clipped it.
Then the bus collided with the overturned tractor-trailer.

The passenger accounts are chilling -- the aftermath was chaotic and the impact frightening. Some passengers report that the driver was talking on the phone at times during the trip and perhaps prior to the accident. Investigators are looking into this, but this has not been confirmed.

According to the report in the Associated Press, the bus company does not allow personal cell phone calls. However, drivers are permitted to speak with dispatchers and other drivers and terminals while they are in transit.

Sadly, the bus driver was in critical condition after the accident and the driver of the overturned semitrailer was in fair condition. One passenger was in serious condition and two others were in fair condition.

The bus company involved apparently has had no record of safety violations in the past two years. The driver was very experienced, had ten years of bus driving and nearly one million miles driven. Unlike many buses, the bus that was involved in this crash was new and had seat belts.

Mandatory seat belts in buses have long been recommended by the US Department of Transportation, but the recommendation has not yet been fully implemented. A proposed rule in accordance with NHTSA's 2007 Motorcoach Safety Plan and DOT's 2009 Departmental Motorcoach Safety Action Plan, has been issued by NHTSA which would amend the Federal motor vehicle safety standard (FMVSS) on occupant crash protection.

This proposed rule would require lap/shoulder seat belts for each passenger seating position in new motorcoaches. The proposal also requires a lap/shoulder belt for the motorcoach and large school bus driver's seating positions, which currently are required to have either a lap or a lap/shoulder belt. It is not clear whether the driver in this crash had a seat belt on or if it would have made a difference given the severity of the collision.

If you have been seriously injured in a truck, bus or other highway accident, please contact the Law Offices of P. Charles Scholle, PC. Our law firm helps clients secure the financial and medical recovery they need after a traumatic event in their lives.

We provide a free consultation to evaluate your matter in one of our convenient Atlanta area offices, and if we represent you, we provide supportive legal representation to you and your family.

Trucking accidents are among the most dangerous accidents on Georgia's highways. A week doesn't go by without a major accident on one of our roadways. Often these truck accidents involve serious injuries to Atlanta area residents --- the victims of tractor-trailer crashes that I represent as an Atlanta trucking accident lawyer.

So it is a welcome development that the National Transportation Safety Board (NTSB) is taking a heavy hand with truckers who use cell phones while driving. Last week they endorsed a ban on the use of cell phones for truckers. This would mean that truckers, along with other commercial drivers, could be prohibited from texting or talking on the phone while driving.

The NTSB does not want truckers to have access to hands-free devices either. This is similar to recommendations made for those responsible for ships and planes. Although the NTSB is aware that this will not be a popular move, it is important for the safety of everyone on the road.

The NTSB endorsed the ban, after a hearing in which the agency determined that a driver talking on his cell phone caused a horrific head-on truck crash last year. Eleven people died in the accident which occurred in Kentucky in 2010.

This is basic safety. The data is absolutely clear that driving while distracted can lead to disaster. Many studies have shown this. Trucks are heavy and cannot stop quickly. The time it takes to stop is a serious problem when a driver is texting or talking on the phone.

The truck in the Kentucky crash was 38 tons and when the driver hit the brakes hard, he drove into oncoming lanes and hit a van head-on. Driver fatigue and cable barriers were also said to be factors. Alcohol or other substance were not involved. The family and friends in the van were going to a wedding in another state and only two children survived the crash. The NTSB learned that the driver, who was also killed in the crash, had been using a cell phone for many hours prior to the fiery crash. He had also been driving for 13 hours.

To actually impose the endorsed ban, the Federal Motor Carrier Safety Administration along with the states would have to approve this. Although 34 states have now banned texting for drivers of any vehicle, some states still allow drivers to hold phones or use hands free devices.

Drivers of such vehicles as tanker trucks, tractor-trailers and other large trucks, must be licensed with what are called Commercial Motor Vehicle licenses. The ban that is now proposed would apply to these drivers. There are nearly three million truck drivers in the United States.

As a Gwinnett County, Georgia Truck Accident Attorney with offices throughout the Atlanta metro region, Charles Scholle litigates motor vehicle and truck accidents and truck injury cases 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.

Earlier this year, the Atlanta Injury Attorneys Blog posted on a tractor-trailer accident involving a young woman who had been recently married. Tragically, she was killed when her car was hit by the tractor-trailer on I-285. At the time of the accident, the driver of the truck was making a lane-change when he struck her car. In my experience as a Gwinnett County serious injury lawyer and as an Atlanta truck accident lawyer, I am acutely aware that accidents such as this one are particularly tragic because they are often avoidable. Nothing is more tragic than the needless loss of life.

In this accident, the truck driver was arrested and charged with Georgia's second degree vehicular homicide and making an improper lane change. Once the tractor-trailer struck the young woman's car it went out of control and after hitting the guardrail traveled across the highway only to be struck be another tractor trailer. The car ultimately flipped over. Small cars are no match for large trucks -- it is likely that catastrophic injury will result when they collide.

From a legal standpoint, what is instructive about this tragic case is that tractor-trailer drivers are required to comply with Georgia's commercial vehicle rules and laws with regard to the operation of vehicles such as large trucks. Truck drivers are supposed to be compliant in such things as the safe changing of lanes. But we have all been in situations in which trucks are traveling too closely to our vehicles or are in too big a hurry to get to their destinations to drive carefully and cautiously.

The improper of erratic change of lanes is one area in which truck drivers must comply. In fact, drivers can lose their license for various periods of time when they are convicted of serious traffic violations. For example, a serious traffic violation such as a dangerous lane change will result in suspension for 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 a major traffic violation will result in loss of the driver's license. In fact, drivers can lose their licenses for not less than one year if convicted of homicide by vehicle when they are driving a commercial or a non-commercial vehicle in some instances.

Given the harsh consequences of dangerous driving, one would think that drivers would have an incentive to be more cautious while driving. As noted in my ebook "Back On the Road, What to do After a Serious Semi, Tractor Trailer or Truck Accident in Georgia" which you are welcome to download from my law firm website, the improper maneuver such as an improper lane change is unfortunately among the five major categories of truck accidents and generally involve serious injury to any smaller vehicles involved such as that which occurred in the case earlier this year.

We share the road with large trucks, but accidents involving these vehicles are often very serious and cause death or catastrophic injury. If you have been injured in a tractor-trailer accident or have a loved one who has been hurt in an accident, please contact the Law Offices of P. Charles Scholle for a free consultation with me in one of our conveniently located offices throughout the Atlanta area.

In a horrible story from this weekend, a recently married woman was tragically killed in an Atlanta tractor trailer accident. The victim, Danyal Holley, was a Woodstock resident according the Medical Examiner of Fulton County. According to police, Jack Parsons, the driver of the tractor trailer, attempted to change lanes on Interstate 285 when he struck Mrs. Holley's Nissan Sentra, forcing it into the guardrail. The driver of the Nissan lost control, crossed into the opposite lane of 285 when it was struck by the cab of another tractor trailer travelling in the opposite direction. The accident blocked all Southbound lanes of 285 for several hours.

As a Gwinnett County truck accident lawyer, I can certainly testify to the power and momentum that a commercial truck brings to bear upon smaller cars. A relatively light tap can cause a small car to careen out of control, and when a small vehicle comes into the path of a large tractor trailer, the small car dosen't have a chance.

Parsons was charged with second degree vehicular homicide and improper lane change. He was arrested and booked Sunday evening into the Fulton County jail. Second degree vehicular homicide is a misdemeanor charge, so Parsons could only receive up to one (1) year in jail. Realistically, absent some type of aggravating factor like DUI, Parsons is highly unlikely to serve any jailtime. Accordingly, the civil justice system is probably her survivor's only option for justice. A Wrongful Death in Fulton County will probably be the appropriate action.

Mrs. Holley's husband, whose name was withheld, was a passenger in the Nissan. One can only imagine the pain and anguish he is enduring right now. He was transported to Grady Memorial Hospital after the accident with minor injuries.

An Atlanta Metro tractor-trailer accident became a tragedy this week after a six-month old baby died from injuries sustained in a Cobb County crash. The infant's parents were both injured in the crash. The Atlanta Injury Attorney Blog and its affiliated Georgia injury law firm wish to express our deepest condolences to the bereaved family.

The truck crash, which also involved several passenger cars, took place on I-75 in Cobb County this past Saturday night. Investigators say that a truck traveling towards the Windy Hill Road exit failed to brake for stopped vehicles on the road. The vehicles, a Toyota Highlander, a GMC Acadia and a Buick LaSabre were stopped in traffic in a construction zone that involved lane closures.

The driver of the truck apparently did not brake and instead slammed into three cars crashing into the rear of the Acadia, the side of the Toyota Highlander and the rear of the Buick LaSabre. The now-deceased baby was a passenger in the Acadia.

The baby's parents who reside in Douglasville, Georgia were immediately treated at Atlanta Medical Center after the accident and their baby was taken in critical condition to Childrens Healthcare of Atlanta (Scottish Rite). But sadly, on Monday their baby died from the serious injuries sustained.

The two occupants of the Buick were also injured, while those in the Toyota were not injured.

The tractor-trailer driver is now charged with two misdemeanors -- 2nd-degree vehicular homicide and following too closely. He was not injured in the crash.

Passenger cars on Georgia's roads travel along with heavy vehicles such as tractor-trailers. When they are involved in a collision, the passenger cars are far more likely to be damaged and passengers injured.

This is a matter of weight and speed -- the heavier vehicle cannot stop or avoid a collision as well as a smaller, lighter vehicle. Apparently, in this accident, the truck is alleged to have been following too closely and either did not brake or could not stop in time to avoid the cars.

Earlier this week, I-285 was closed after a fatal auto crash. The tragic incident occurred between Ashford Dunwoody and Chamblee Dunwoody in a corridor that is used by over 200,000 drivers on a daily basis.

The Atlanta Injury Attorneys Blog is sad to report that a young man was killed in this accident. What went wrong on Tuesday morning was that a young man, driving in oncoming traffic collided with a truck, which then caught on fire. The truck driver survived the accident.

Many in the Atlanta area are focusing on the difficulty other drivers had when they were detoured around the road closure after the fatal crash. Once drivers are off the main interstate, some believe that the arterial highways are too difficult for those unfamiliar with the local roads to successfully find their way.

Unfortunately, the impact of the accident was felt well beyond the original accident scene. In fact, roads such as Johnson Ferry Road and Ashford-Dunwoody Road were severely impacted with detoured traffic.

According to some reports, Atlanta, Georgia and its surrounding area, has some of the most congested interstates in the country and some infamous hot spots such as the junction at I-75 and I-285. In addition, the roads that feed the interstates, also known as arterials, are part of the problem.

The criticism is that the roads have not kept up with development in some areas and they are often narrow without shoulders. But there is some good news. The Atlanta arterial roads are scheduled for major expansion and upgrades over the next several decades.

That is at least a step in the right direction to ensure that Atlanta's residents have alternative routes when an emergency arises.

Last month, the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) issued a proposal to revise the federal hours-of-service (HOS) regulation for commercial truck drivers. This proposal is timely, since a court settlement agreement requires FMCSA to publish a new, final HOS rule by July 26 of this year.

The HOS regulations would retain their "34-hour restart" provision, which lets drivers restart the clock on their weekly 60 or 70 hours after taking 34 consecutive hours off-duty, under this proposal. The difference with this new proposal is the restart period would have to include two consecutive off-duty periods from midnight to 6:00 a.m., and drivers would be allowed to use this restart only once during a seven-day period.

The HOS proposal also mandates that commercial truckers complete all driving within a 14-hour workday, and that they complete all on-duty work-related activities within 13 hours to allow at least an hour break during their workday. What hasn't been decided yet is whether drivers should be limited to 10 or 11 hours of daily driving time. FMCSA currently favors a 10-hour limit, and so do I.

A Georgia auto accident can cause extensive turmoil for an accident victim. Dealing with aggressive insurance adjusters while undergoing pain, lost income and numerous doctor visits can be very difficult for the victim and his or her family.

Unfortunately, these difficulties are aggravated and intensified when a Georgia trucking accident occurs. Truck accidents are big risks for motor common carriers, and they take them very seriously. Trucking companies and their insurers aggressively defend these cases and move within 24 hours to secure evidence and interview witnesses. If there are any questions pertaining to fault, they will do their best to make sure the other driver is blamed. As most Georgia car accident victims do not seek legal counsel for days, weeks or months after the accident, the trucking companies get a big head start. This should not make a difference, but it typically matters, and a victim's case can lose before it is even given a fair hearing.

The proper investigation, use of experts and methodology is needed to insure your case is not mishandled. Our firm can provide this experience no matter what type of Georgia truck accident was the cause. Whether the truck accident resulted from an improper left turn, an underride, a stopped truck, a rear end collision, a cargo shift, an improper lane change or some other improper truck maneuver you need an experienced attorney who has handled lot of truck accident cases.

Since 1995, Atlanta trucking attorney Charles Scholle has fought for justice for Georgia families.
We care about our clients. Even though our practice areas are situational and often do not require repeat representation once a matter is resolved, we remain in contact with most of our past clients. Legal matters can be very stressful. They often raise uncomfortable realities causing one to make important life decisions at vulnerable moments. It is important to us that our clients feel they we stand by them every step of the way as counselors of the law.
Accordingly, we are able to focus our intellectual and financial resources on a few matters, maximizing the results, and ensuring a more satisfying representation for both the client and attorney.

A Georgia tractor trailer had an extremely close call early this morning. According to the Florida Highway Patrol, a highway construction worker was struck by a semi early this morning on I-75 near State Road 56 in Florida.

I say extremely close call because, although there were serious injuries, the potential for causing death in this Decatur, Ga. tractor-trailer driver accident was amazing. What happened was the 18-wheeler's driver slammed on his breaks suddenly, which caused the giant truck to swerve. It's well known that tractor trailers require extra care to remain stable, and in this case, the truck driver was unable to control his trailer's rear end. As a result, it struck Jesus Gonzalez, a contract employee for construction firm.

The news article reports that Gonzalez is in "serious but stable" condition at Tampa General Hospital. "Stable" and "serious" are actually two distinct levels of vitality, but both indicate significant injury. Still, Gonzalez is expected to live. When you consider the elevated mortaility rate of Georgia tractor trailer accidents in general, combined with the extremely high risk of death when a pedestrian is hit by any moving vehicle on a highway, let alone a semi truck, Gonzalez is one lucky man.