2nd degree Veh. Homicide for improper lane change

ChanceMaster

Expert Expediter
Obviously tragic for all involved.. the charges brought against the truck driver was a real eye opener. I try very hard to really look before changing lanes, I'll focus even more after reading this..

a 21 year old newlywed young woman was killed in an accident with a tractor-trailer on I-285 in Atlanta. According to officials, the driver of the truck struck the woman’s vehicle while attempting to change lanes. The vehicle spun out of control, striking a guardrail and then crossing the highway, where it was struck by the cab of another tractor-trailer, which caused it to flip and land on its side. The truck driver, a 51-year old man, was arrested and charged with second degree vehicular homicide and improper lane change.


via the web
Tractor Trailer Accident Caused By Negligent Trucker In Georgia | InjuryBoard Atlanta
 

moose

Veteran Expediter
Obviously tragic for all involved..
Not at all !
your link take us beyond enemy lines, and into the ambulance chasers territory .this kind of accidents are actually very good for them. Atlanta is their breeding grounds.
if we read this all the way till the end, there's a list of recommendations for CAR drivers, of how to drive safe around big trucks. it will not be surprised to find out that the car driver did not follow all of those advices. mysteriously, missing from the article, are some facts about truck safety, like that 78% (or something) of the fatality's involving big rigs are the CAR driver fault .that's makes for a very good chance, that the trucker will not be found guilty ., also the ambulance chaser used of a 2008 data to support his case, which was by far the worst year ever, and a direct result of new regulation, and economy stress. do not expect them to say, that truck safety is way better now days, nor that we just experienced the safest years ever, just take a look at the recent road check results. all that trucker needs is a good well informed layer .
do not be mistaken, layers, safety groups and accident investigators, are not about truck safety, they are about keeping their jobs. just because they say so, doesn't make it so.
now, if the OP link would have direct us to a news bulletin, then, yes, a truck safety discussion would have being appropriate, as well as what we can all do to improve our own.
 

cheri1122

Veteran Expediter
Driver
The article is pretty clearly written to reinforce the fear drivers have of 'big trucks', rather than point out that the great majority of such accidents are the 4 wheel driver's fault. Because it's written with the agenda of drumming up business, not encouraging safety - irresponsible advertising, IMO.
At 6pm in Atlanta, we know what the situation on 285 is: bumper to bumper rush hour, full of impatient drivers who keep changing lanes [sometimes impulsively] in order to be in the one lane that is [for the moment] moving. Trucks, however, can't do it, even if they want to - we're just not that nimble. We change lanes when we have to, and even then, it's not easy to do. It is easy, though, for a 4 wheeler to dart into a blind spot at the last second...
The main thing I fear about split speed limits is the way it forces 4 wheelers to change lanes much more often than is safe. Because they get impatient to get around the trucks, and fail to take the time to do a proper lane change. Worse even, is that some who think they're doing it right aren't. We all know the saying about "insanity is doing the same thing and expecting a different result", right? So how many times have you looked over your shoulder and found no one in the blind spot? Human nature dictates that after a few hundred times, you stop expecting to see anything. You still turn your head to check, but it's just habit - you're not really focusing on looking for anything, or taking the time to be sure before beginning to move over. Not until you have a 'close call', or worse, a fender bender, will you remember why you turn your head to look [at least for the next few hundred times, when you'll begin to forget again.]
I'm just as guilty as the next guy - but I try to remember what I'm looking for when I turn my head every time, without needing a close call to remind me.
From what I've observed, not many drivers [esp 4 wheelers] do, and more lane changing equals more risk for all of us.
 

ChanceMaster

Expert Expediter
The article is pretty clearly written to reinforce the fear drivers have of 'big trucks', rather than point out that the great majority of such accidents are the 4 wheel driver's fault. Because it's written with the agenda of drumming up business, not encouraging safety - irresponsible advertising, IMO.
At 6pm in Atlanta, we know what the situation on 285 is: bumper to bumper rush hour, full of impatient drivers who keep changing lanes [sometimes impulsively] in order to be in the one lane that is [for the moment] moving. Trucks, however, can't do it, even if they want to - we're just not that nimble. We change lanes when we have to, and even then, it's not easy to do. It is easy, though, for a 4 wheeler to dart into a blind spot at the last second...
The main thing I fear about split speed limits is the way it forces 4 wheelers to change lanes much more often than is safe. Because they get impatient to get around the trucks, and fail to take the time to do a proper lane change. Worse even, is that some who think they're doing it right aren't. We all know the saying about "insanity is doing the same thing and expecting a different result", right? So how many times have you looked over your shoulder and found no one in the blind spot? Human nature dictates that after a few hundred times, you stop expecting to see anything. You still turn your head to check, but it's just habit - you're not really focusing on looking for anything, or taking the time to be sure before beginning to move over. Not until you have a 'close call', or worse, a fender bender, will you remember why you turn your head to look [at least for the next few hundred times, when you'll begin qqqqqqqqqqqqqqqqqqqqq forget again.]
I'm just as guilty as the next guy - but I try to remember what I'm looking for when I turn my head every time, without needing a close call to remind me.
From what I've observed, not many drivers [esp 4 wheelers] do, and more lane changing equals more risk for all of us.
aaqa
Well put. I get lazy and conditioned as well, especially Tword the end of a long shift. I do try to look in all 3 of my mirrors, and proceed cautiously. I thought the article was a good reminder to myself of possible consequences of losing focus.

Posted with my Droid EO Forum App
 

Brisco

Expert Expediter
Brushing up on my Law Knowledge about the possible punishment this driver may face if he is convicted of "2nd Degree Vehicular Homicide" in the state of Georgia, I ran across this:

Vehicular homicide - Wikipedia, the free encyclopedia

Georgia

In the state of Georgia, vehicular homicide is more properly known as homicide by vehicle. It is defined, by statute, as the unlawful killing of another person using a vehicle. To be guilty of the offense, the perpetrator does not have to have an intent to kill, malice aforethought, or premeditation.

There are two degrees of vehicular homicide:


First degree homicide by vehicle

This is a felony, that upon conviction will result in a sentence of between 3 and 15 years of imprisonment (or between 5 and 20 years for habitual violators), with no parole for at least 1 year. A homicide is first degree homicide by vehicle if the driver "unlawfully met or overtook a school bus; unlawfully failed to stop after a collision; was driving recklessly; was driving while under the influence of alcohol or drugs; failed to stop for, or otherwise was attempting to flee from a law enforcement officer; or had previously been declared a habitual violator".

Second degree homicide by vehicle

This is a misdemeanor, that upon conviction will result in a sentence of up to 1 year (which may be suspended) or a fine of up to US$1,000 (or both). Second degree homicide by vehicle encompasses all other homicides by vehicle, involving any other violation of the laws governing motor vehicles, that are not classed as first degree homicides.

It's a strong "Ticket" basically. So even if this driver is found guilty, only thing that'll probably happen to him is he will never get another trucking job again, and the "fines" levied against him of course. Most "Misdemeanors" fall off your record after 3 years.

Texas has "Manslaughter" statutes, not "Homicide". All Manslaughter charges in Texas, even Vehicular Manslaugter, are either B or C Felonies.

Interesting how Georgia's Laws are written. Let's say this driver was in the wrong and he was found Guilty of this Misdemeanor charge. When the fine and minimal "Jail" sentence is handed down, I bet there's going to be an outcry to have this Law changed and bumped up to a Felony instead of a Misdemeanor.
 

blizzard2014

Veteran Expediter
Driver
I'm glad the truck driver was arrested. A lot of these truck drivers are out of control and think that they can just whip out in front of people like they own the road. I can't tell you how many times a truck has just whipped out in front of me and caused me to have to lock up my brakes. Truck drivers will whip out in front of me when the speed limit is 75 mph and slow the hammer lane down to 60 mph for a few miles. This is very unsafe. I hope to see more truckers ticketed for cutting cars off. Sorry, but i'm just being observant here.
 

OntarioVanMan

Retired Expediter
Owner/Operator
DUI in Ont Can....

Here's a breakdown of the punishments:

•1st offence = $1,000, driving prohibition of one to three years
•2nd offence = imprisonment of no less than 30 days, driving prohibition of three to five years
•Injure someone while impaired = up to a 10-year prison sentence
Kill someone = life behind bars
 

Scuba

Veteran Expediter
I'm glad the truck driver was arrested. A lot of these truck drivers are out of control and think that they can just whip out in front of people like they own the road. I can't tell you how many times a truck has just whipped out in front of me and caused me to have to lock up my brakes. Truck drivers will whip out in front of me when the speed limit is 75 mph and slow the hammer lane down to 60 mph for a few miles. This is very unsafe. I hope to see more truckers ticketed for cutting cars off. Sorry, but i'm just being observant here.

You know some times the truck has to come out or get stuck doing 30 mph trying to get over the hill because of a slower vehicle. I can't count how many times i have put my turn signal on and you can see the 4 wheeler speed up to try to take the spot away from me. Maybe those people should get a ticket but hey you seem to have it in for the trucks so im sure thats fine. I check my mirrors and if i have the room and i signal and start to go if you speed up you better know where your break peddle is because i am not going to jerk the wheel when you speed up.
 

moose

Veteran Expediter
I'm glad the truck driver was arrested. A lot of these truck drivers are out of control and think that they can just whip out in front of people like they own the road. .

profiling at its finest ,

i hope all van drivers will spend the rest of their short miserable life in prison , because you know, one of them sprinters almost run me over while walking from the truck to the convention center...
you make me sick !, Bowahhh...
BTW, in a decade of trucking, i'v yet to lock the brakes even once for merging traffic, your above statement only indicate that there's probably something wrong with the way YOU drive, rather then you know ALL professional truckers...
while we at it, lest lock down all the Muslim peoples, because you know, it will be a risk free society .
how'bout those raping black mans...airplanes tends to crash, so let's ground them too...and don't let me start with those redheads... :)
or , here is a wild idea that might work, lets have a system that identified those bad apples, and have more of the freight being move by safe drivers, you know something like... oh i don't know... CSA !
 

fastrod

Expert Expediter
I'm glad the truck driver was arrested. A lot of these truck drivers are out of control and think that they can just whip out in front of people like they own the road. I can't tell you how many times a truck has just whipped out in front of me and caused me to have to lock up my brakes. Truck drivers will whip out in front of me when the speed limit is 75 mph and slow the hammer lane down to 60 mph for a few miles. This is very unsafe. I hope to see more truckers ticketed for cutting cars off. Sorry, but i'm just being observant here.

I totally agree. If they cant do the speed limit they have no business being in the hammer lane holding up traffic.
 

OntarioVanMan

Retired Expediter
Owner/Operator
If only an easy way to get rid of the Mad Max type drivers with a "My wheels are bigger then yours" mentality...

I wonder....if they extended the "Must yield to Bus" laws to tractors at least within city limits would work....IF enforced?
 
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greg334

Veteran Expediter
It also goes the other way. The average driver in the car doesn't get the idea we are bigger than they are and have to take the time to move to another lane.

I'm going down I 80 and have to move over to the left lane not because I want to pass anyone but because there are four cop cars on the side of the road with a car in the lane. So I move over - I'm not going to speed up to 70 to make anyone feel happy but maintain my 62 mph. I get passed the cops and now getting ready to move back into the right lane but now have to deal with 10 cars who are passing me on the right, so I stay right where I am at until they all pass me.
 

OntarioVanMan

Retired Expediter
Owner/Operator
It also goes the other way. The average driver in the car doesn't get the idea we are bigger than they are and have to take the time to move to another lane.

I'm going down I 80 and have to move over to the left lane not because I want to pass anyone but because there are four cop cars on the side of the road with a car in the lane. So I move over - I'm not going to speed up to 70 to make anyone feel happy but maintain my 62 mph. I get passed the cops and now getting ready to move back into the right lane but now have to deal with 10 cars who are passing me on the right, so I stay right where I am at until they all pass me.

Used to get that all the time when I drove straight even tractor....got to the point I just said heck with it...just stay until they all pass....or not just move over but slow down as the law says in some state to 50 mph if ya can't move over safely...
 

Scuba

Veteran Expediter
If the truck speed is 10 mph slower that the car speed i am not going to speed up just so i don't hold them up. I didn't make the speed law up. It isn't about safety it is about money split speed limits = ticket money. And if i pull out doing the legal truck speed if it hlds up cars to bad. Those same cars will see that we are losing a lane and they will speed up to hold me over in the closed lane so i won't slow them down 99% of the time.
 

OntarioVanMan

Retired Expediter
Owner/Operator
If the truck speed is 10 mph slower that the car speed i am not going to speed up just so i don't hold them up. I didn't make the speed law up. It isn't about safety it is about money split speed limits = ticket money. And if i pull out doing the legal truck speed if it hlds up cars to bad. Those same cars will see that we are losing a lane and they will speed up to hold me over in the closed lane so i won't slow them down 99% of the time.

Me neither....it is a lot easier for a car to adjust then a truck....multable lane changes are a recipe for disaster...
 

blizzard2014

Veteran Expediter
Driver
It also goes the other way. The average driver in the car doesn't get the idea we are bigger than they are and have to take the time to move to another lane.

I'm going down I 80 and have to move over to the left lane not because I want to pass anyone but because there are four cop cars on the side of the road with a car in the lane. So I move over - I'm not going to speed up to 70 to make anyone feel happy but maintain my 62 mph. I get passed the cops and now getting ready to move back into the right lane but now have to deal with 10 cars who are passing me on the right, so I stay right where I am at until they all pass me.

Greg, that is a different story. When a truck needs to get into the hammer lane because of a safety issue, I will slow down considerably and flash them over with my headlights. Also, I realize that there are four wheelers who will speed up when you put your blinker on, but that is because they know you will be holding them up for 5 minutes. I have had trucks pull out in front of me when they still had ample time to let me pass them "I was the last car in the hammer lane" and they still pull out in front of me causing me to slam on my brakes and this is not going up hill. After this we have a race between Swift and Schneider "two trucks that can't go over 65 mph" lol. I drove a truck for 2 years and i'd pull over on two lane roads and wave by the lines of cars that were stuck behind me when I was going slow. A lot of truck drivers have lost their partience and sense of common courtisy. If you want to call that profiling so be it, but I can only calls it likes I sees it son.
 
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OntarioVanMan

Retired Expediter
Owner/Operator
Everyone makes mistakes...heck I've cut off a quite a few...by accident....LOL...let me know when the human race is perfect will ya...;)
 

greg334

Veteran Expediter
Oh no blizzard, I wasn't responding to you, I was throwing that in just to have a second side to the issue.

As for the Swift and Schneider issue, that is another problem altogether. I have to deal with these trucks who have speed limiters trying to pass me on hills where my truck is set at a steady 62 and they can't even pass me because they can't get the speed up before the hill. They will hold up traffic and then get p*ssed at me because I have a steady speed. They don't plan ahead and don't get the idea that maybe they should just stay where they are.
 

mcavoy33

Seasoned Expediter
I have no problems with the driver being charged, I think its a good thing. After I took my CDL course last year, it really opened up my eyes and perspective to what it takes to drive a big rig. There are far too many drivers that make "unsafe" manouvers for the sake of speed.

I've had a t/t pull out from a convoy directly onto my ***, leaving no room between us. I simply took my foot off the gas and slowed down, he was flashing his lights at me because we were on a hill and he had momentum and wanted to pass the truck.

He needs to realize that he doesn't have my stopping power and needs to be a safe distance back. I was already in the lane. But I try to be courteous and if I see cars coming in the on ramp, I slow down to let a t/t in front of me because I know its harder for him to get over. I'll flash my lights at him as well.

I just think professional drivers need to be held to a higher standard because they are driving a machine that can kill, it doesn't matter if its mostly the car drivers fault, big rig drivers need to be aware that car drivers around them can be eraddic and they need to plan for that because they can't stop on a dime.
 

Turtle

Administrator
Staff member
Retired Expediter
I've had a t/t pull out from a convoy directly onto my ***, leaving no room between us. I simply took my foot off the gas and slowed down, he was flashing his lights at me because we were on a hill and he had momentum and wanted to pass the truck.

He needs to realize that he doesn't have my stopping power and needs to be a safe distance back.
Seems that you need to realize the same thing. He pulled in behind you, and you took your foot off the gas, thereby decreasing what little distance you had between you. Yeah, that's smart, considering, you know, he doesn't have your stopping power.

If you had just passed him, then you were already going faster than he was, and with seconds you would have increased the distance between the two of you. Instead, you did one of the worse things you can do in front of a big truck: suddenly reduce your speed. Even one or two miles an hour decrease can mean an accident.

I was already in the lane.
Oh, well, you certainly showed him.

But I try to be courteous and if I see cars coming in the on ramp, I slow down to let a t/t in front of me because I know its harder for him to get over.
It's also harder for them to climb hills without that momentum you are so against. Being courteous would also mean understanding how big trucks sometimes need that momentum, and getting out of their way to let them have it.

I'll flash my lights at him as well.
Flashing between the low and high beams too, I'll bet.

I just think professional drivers need to be held to a higher standard because they are driving a machine that can kill, it doesn't matter if its mostly the car drivers fault, big rig drivers need to be aware that car drivers around them can be eraddic and they need to plan for that because they can't stop on a dime.
Professional drivers are held to a higher standard. But don't kid yourself that it doesn't matter who is at fault. It matters. 87% of all accidents involving a truck and a car are the fault of the car. That's a Federal Highway Safety Administration fact. There's only so much erratic behavior that a big truck can prepare for. Many times a big truck will slow down and put the proper distance between them and the car in front of them, only to then have three cars promptly squeeze into the open space. You can plan for that all day long, but you cannot prevent it, and it causes accidents. So yes, it absolutely matters if it's mostly the car driver's fault.

In the case of the driver in the story, he simply changed lanes without ensuring he had a clear lane to move into. It happens hundreds of times a day every day on our highways, and it happens far more often between two cars than it does a car and a big truck. Big truck drivers are not only held to a higher standard, but they often get the blame when it's not even their fault. I'm surprised the driver of the truck in the oncoming lane wasn't cited for slamming into her car when she crossed the median. <snort> The driver of that truck was at fault, but the driver of the car failed to mentally note "What happens if that big truck decides to change lanes right about now because he's coming up on a slower truck right in front of him?"

While I'm responding to you specifically here, it's really more of a general response to some conventional thinking that pervades many drivers of all types. So don't take it personally.
 
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