Negligent Driving Can Be Deadly

A fatal collision occurred on September 2, 2014, at the intersection of Lenox Road NE and Ferncliff Road in Atlanta, Georgia when a semi-truck attempted to make an illegal U-turn. Due to their size, semi-trucks and tractor trailers can be some of the most dangerous vehicles on the road when driven negligently.

Because of the potential danger these vehicles pose, the operation of semi-trucks and tractor trailers is governed by the Federal Motor Carrier Safety Regulations. These regulations are intended to ensure the safe operation of commercial motor vehicles.

A commercial motor vehicle is any “self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property” which has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 10,001 pounds or more. C.F.R. § 390.5.

These vehicles often include semi-trucks, tractor trailers, box trucks, pickup trucks towing a flatbed trailer, and passenger buses.

The Federal Motor Carrier Safety Regulations require drivers of commercial motor vehicles to obey the “laws, ordinances, and regulations of the jurisdiction” in which he or she is driving. 49 C.F.R. § 392.2.  This means that not only must a commercial motor vehicle driver obey the safety regulations required by federal law, he or she must also follow the laws of the state in which the commercial motor vehicle is being operated.

Georgia law mandates that no vehicle shall make a U-turn “where such turn cannot be made safely and without interfering with traffic. . .” O.C.G.A. § 40-6-121(3).

If  Mr. Eugene Holmes, the driver of the semi-truck involved in the semi-truck collision on September 2, 2014, had followed the Federal Motor Carrier Safety Regulations and Georgia law, it is likely that the truck collision would never happened and the victim’s family would not be grieving for their loved family member.

The attorneys at Butler Tobin have extensive experience representing individuals injured by the unsafe and negligent driving of semi-trucks and tractor trailers.

If you have been in a collision involving a semi-truck or tractor trailer, contact our attorneys for a free consultation. Or, call us at (404) JUSTICE = (404) 587-8423.

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