Atlanta Truck Accident Lawyers, Dekalb County, GA

What are common examples of trucker negligence?

Truck driver negligence and error are leading causes of accidents in Atlanta and throughout Georgia. This negligence can take the form of:

Reckless and aggressive driving

Aggressive driving accounts for 7% of all traffic crashes, according to a study done by the Insurance Information Institute in 2020. The study was based on aggressive driving definitions compiled by the National Highway Traffic Safety Administration (NHTSA). Aggressive or reckless driving is especially dangerous when trucks are involved. Driving a commercial truck is risky enough when the driver is cautious and obeying the traffic laws. When truck drivers speed, constantly shift lanes, or tailgate, they are likely to cause collisions that will result in death, permanent injuries, or the need for long-term care.

NHTSA, through its Fatal Accident Report System (FARS), has developed a list of criteria that qualifies as aggressive or reckless driving. These factors include:

• Speeding
• Erratically changing lanes
• Failing to allow another vehicle to merge
• Failing to yield
• Tailgating
• Passing too closely or too quickly
• Passing even when passing is not allowed
• Failing to obey traffic signs and signals
• Illegally using the shoulder of the road
• Racing
• Making improper turns

Speeding is the #1 cause of fatal truck accidents. In an attempt to cover enough ground before their federally mandated rest periods, many truck drivers will speed or engage in other negligent behaviors behind the wheel.

The aggressive driving problem is so severe that the federal government has designed a Ticketing Aggressive Cars and Trucks (TACT) program to reduce reckless driving accidents.

Driver distraction

The US government reports that, in 2021, there were 57,605 distracted driving incidents. In addition, at any given time, an estimated 600,000 drivers are operating their cars while using their cell phones or utilizing some type of electronic device. These disturbing statistics demonstrate the serious problem of distracted driving.

Under Georgia law, no driver may text – at all – while he or she is operating a vehicle of any kind. However, Georgia does not outlaw the use of hand-held mobile phones by drivers over the age of 18, not in emergency situations.

At Harris Lowry Manton our lawyers rigorously advocate for victims injured by distracted drivers. We have handled a variety of distracted truck driver situations, including:

• Talking to a passenger. This common activity can quickly become hazardous, especially if the interactions are emotional or contentious.
• Reaching for a moving object inside the vehicle. Reaching for an object requires the driver to take his or her eyes off of the road.
• Looking at an object or event outside of the vehicle. When people become distracted by events or objects outside of the car, they lose focus on the road and proper operation of the vehicle.
• This extremely dangerous activity causes drivers to take their eyes and attention off of the road for extended periods.
• Grooming. This is another outrageous activity that happens all too often and requires a driver to take their eyes and hands off the road.
• Talking on a cell phone. Speaking on a cell phone significantly distracts vehicle operators. While some believe that hands-free phones offer an increased level of safety, a report by the National Safety Council found that the cell phone conversation itself, whether hands-free or hand-held, is what causes distracted driving.
• Texting or emailing on a cellular device. This is arguably the most dangerous form of distracted driving, requiring the driver’s cognitive, visual, and manual attention.

Driver intoxication

According to the NHTSA, an average of 32 people die every day as a result of a drunk driver. Drunk drivers caused 353 deaths of Georgia residents in 2019. Drunk driving fatalities should be zero. There is no justification for a driver who has had too much to drink getting behind a wheel.

Drunk drivers are a danger because they have no control over their trucks or vehicles, and because other cars have no way to drive defensively because intoxicated drivers are erratic. Drivers who operate trucks while intoxicated are even more dangerous because the impact of a truck accident is often more catastrophic than a car crash.

In Georgia, as in all states, drivers who have a blood alcohol content (BAC) of .08 or more are presumed to have driven their vehicle while intoxicated. BAC is usually determined by a breath or blood test. Drivers who have a commercial driver’s license (CDL), as drivers of semi-rigs and other large trucks usually do, are held to a higher standard. If someone with a CDL is found to have a BAC of .04 or more, they are presumed to have been driving while drunk.

Truck drivers are especially prone to drive while intoxicated because of the lonesome hours away from home. While a drink may relieve the boredom, truckers should refrain from driving until the alcohol is out of their system.

Driver fatigue

Driver fatigue is a serious problem on the roadways. When individuals operate vehicles in a weary or exhausted state, they place themselves and everyone around them at a significant risk of injury. Unfortunately, this serious problem commonly affects specific industries, such as trucking and passenger transportation services. In these situations, the employer may be held liable for injuries caused by a fatigued driver.

By law, professional truck drivers are limited in the amount of time they can operate their vehicles within a 24-hour period. These laws are put in place to promote adequate rest and prevent the inherent dangers of driving an incredibly large and heavy vehicle while exhausted. For employed truck operators, the employer and driver are responsible for ensuring compliance with these regulations. Failure to meet this duty can result in liability for both parties. For independent drivers, determining liability can prove challenging without the assistance of a knowledgeable lawyer.