Articles Posted in Truck Accidents

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Highway 29 Delivery Van Accident (Jefrey Leo/The Newnan Times-Herald)

Highway 29 Bridge Accident (The Newnan Times-Herald)

Local News

The driver of a delivery van was reportedly injured when a tractor trailer attempted to pass a low clearance bridge on Highway 29 in Grantville Saturday afternoon, November 1, 2014.

According to The Newnan Times-Herald, an eastbound tractor trailer attempted to pass under a railroad bridge when the backhoe it was transporting struck the trestle and fell from the truck. A dislocated backhoe wheel apparently rolled into oncoming westbound traffic, colliding with a delivery van.

The delivery van driver reportedly suffered severe injuries during the crash. He was airlifted to the hospital shortly after 12:30pm. His current condition has not been released.

Grantville resident, Patti Palmer, allegedly told media the bridge has “caused problems” in the past due to the steep angle the road hits the train trestle on one side. Several other local residents also commented on clearance issues with the bridge on the Newnan Times-Herald Facebook page.

Our Legal Take

Given the alleged history of accidents at this bridge, The Murray Law Firm is questioning whether railroad or city officials have attempted to remedy this potentially fatal stretch of roadway.

Does the train trestle meet government railway regulations and highway safety requirements? Following previous accidents, what actions were taken by city and railroad officials to examine the safety of this passing, particularly on the side of the angled roadway?

Is the bridge clearance properly marked and does this measurement allow for the elevated roadway at one end? Was the tractor trailer driver aware of his vehicle and cargo height at the time of the accident?

Should the tractor trailer driver be found at fault for failing to heed proper clearance requirements, the injured victim and his family may elect to hold the truck owner and operator civilly liable for his injuries. Given the history of accidents at this intersection, additional charges may also be filed with the railway should their negligence have contributed to this accident. Finally, if the delivery van driver was working at the time of the accident, he and his family are almost certainly entitled to substantial workers’ compensation benefits per Georgia law.

Total recovery may be in the millions of dollars and will demand highway and railroad officials reevaluate the safety of this passing. Claims of this magnitude will also send a much-needed message to trucking companies throughout the state on the need for their drivers to know clearance requirements of their vehicles and cargo prior to driving on public roadways.

Given the complexity of this case, the injured victim and his family should retain a firm experienced in both personal injury and workers’ compensation immediately to ensure all evidence is preserved and their best interests are protected.

The Murray Law Firm has extensive experience in protecting victims of catastrophic accidents, such as this, and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.

SAC EM Update

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Local News

41-year-old Jessica Renee Smith, of Sautee Nacoochee, was reportedly killed in a fatal I-85 accident involving an SUV and tractor trailer on Monday, October 6, 2014.

WTVM News reports Ms. Smith was traveling as a passenger in a northbound PT Cruiser on I-85 in Auburn, shortly before 4:00pm Monday afternoon. The driver of the PT Cruiser apparently slowed to pass a stopped tractor trailer in the right lane when it was rear ended by a Toyota Highlander, forcing the PT Cruiser under the the tractor trailer. Ms. Smith perished at the scene, per media reports. The PT Cruiser driver was reportedly airlifted to a trauma hospital with injuries.

Witnesses report the tractor trailer was stopped due to an earlier accident at the Exit 51 ramp. Police are still investigating the cause of the initial rear end collision and have not announced whether the driver of the Highlander will face charges.

Our Legal News

The Murray Law Firm is following the accident closely and questioning what factors, such as distraction or speed, may have lead to this tragedy.

Why did the Highlander driver fail to stop or slow for slowing traffic as it approached the oncoming accident? Do cellphone records and traffic surveillance indicate whether the driver was engaged in distractive devices?

Did excessive speed or impairment contribute to the driver’s inability to slow or stop for the PT Cruiser in time?

Should the driver of the Highlander be found at fault for distracted or negligent driving, the family of Ms. Smith may elect to file civil claims for her wrongful death. The driver of the PT Cruiser may also elect to hold the driver civilly liable for his injuries. Claims of this magnitude will send a much-needed message to all Georgia drivers on the perils of distracted driving.

Photographs and a thorough inspection of all involved vehicles will need to be performed immediately before any evidence may be damaged or destroyed. The injured victim and the Smith family should retain an experienced personal injury firm without delay to ensure all evidence is preserved and their best interests are protected.

The Murray Law Firm has extensive experience in protecting victims of distracted, impaired and negligent drivers and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 706.494.2800. Consultations are free and confidential.

 

SAC EM Update

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Tractor Trailer Accident I-85, Newnan

Tractor Trailer Accident I-85, Newnan

Local News

The driver of a tractor trailer truck, carrying a shipment of canned yams, was reportedly injured after his vehicle overturned along I-85 Tuesday morning, September 16, 2014.

The Newnan Times-Herald reports, emergency crews were called to the scene of an overturned tractor trailer accident on I-85 near Newnan, two miles south of exit 47.

The driver was apparently found trapped inside the smoldering vehicle, suffering lacerations to his head. He was transported by ambulance to Grady Memorial hospital in Atlanta, where he is reportedly in stable condition.

Our Legal Take

The Murray Law Firm is following the crash closely and questioning whether another driver or mechanical malfunction may have forced the vehicle off the roadway.

If the driver was working at the time of the crash he is almost certainly entitled to substantial workers’ compensation benefits per Georgia law. Additional claims may also be filed with any other drivers involved, as well as the vehicle and equipment manufacturers, should their negligence or a malfunction have contributed to the accident. Total claims may be substantial and would send a grave message to drivers on the need to share roads with tractor trailers, allowing proper space when passing and changing lanes.

As employers and insurance companies are often more concerned with their financial exposure and returning employees to work quickly, rather than the long-term medical care of their employees, the driver should retain an experienced workers’ compensation firm without delay to ensure their best interests are protected.

The Murray Law Firm has extensive experience in protecting victims of catastrophic trucking accidents and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.

SAC EM Update