Tag: Trucking Accidents

Undocumented Couple Injured in Hit and Run Receive $1.13M Deal

The hit and run accident involving a street sweeper and two undocumented immigrants posed a quite a challenge for Decatur lawyer, Jeremy Citron. His clients, Ramon Medrano-Ortega and Estella Carillo, won a $1.25 million settlement thanks to his decision to avoid a messy lawsuit.

Because his clients did not have health insurance, it was essential that they obtained compensation for the medical treatment they needed. He also feared a lawsuit may delay their ability to recover lost wages due to their undocumented status.

According to the Gwinnett County Police report, the married couple was driving to church when a commercial street sweeping truck rear-ended their SUV on May 6, 2012. The impact forced Medrano to swerve into a concrete barrier, causing the SUV to flip. The vehicle came to rest on Dawson Boulevard, which runs parallel to I-85 in Norcross.

The driver of the street sweeper, Gregory Jeffery, fled the scene. Police found his converted truck 5 miles away. It had been abandoned at the bottom of an entry ramp to US 78, west of Mountain Industrial Boulevard in DeKalb County.

As a result of the accident, Medrano suffered significant back injuries and had to undergo two surgeries. Carillo, the passenger, suffered a head injury and herniated discs in her lower back.

Trucking Accident Cases at Moraitakis & Kushel, LLC

Within seconds, a collision with a truck can result in serious injury, property damage, and immeasurable trauma. Due to insurance issues, trucking accidents can quickly become complex. Although the insurance company of the party at fault is required to pay damages, you may not receive the compensation you need with their first offer –that’s why you need an experience trucking accident attorney on your side.

At Moraitakis & Kushel, LLP, we have the knowledge and experience you need to win your case and obtain the compensation you deserve. Call (404) 445-1411 to schedule your free consultation today. You pay no attorney’s fees unless we obtain a fair settlement or win a jury award on your behalf.

Tuna Truck Catches Fire on I-75 in Clayton County

The holiday weekend has begun, and that means an increase in traffic on Atlanta highways. But holiday travelers and spring breakers headed toward Florida faced a unique delay this Friday morning: a truckload of tuna caught fire on I-75 in Clayton County.

The southbound truck, which was hauling 40,000 pounds of canned tuna, caught fire around 6 a.m. near Forest Parkway, the AJC reports. Authorities blocked all but one southbound lane of I-75 for over an hour, jamming traffic beyond I-285. Fortunately, no injuries were reported.

Trucking Accident Cases at Moraitakis & Kushel, LLP

Although the insurance company of the party at fault is required to pay damages, the first offer is usually not the best offer. At Moraitakis & Kushel, LLP, we have years of experience fighting cases like these and know how to get you the compensation you deserve. Before accepting any offer, give us a call. We’re Atlanta’s veteran trucking trucking accident attorneys who are not intimidated by complex cases or a team of corporate lawyers.

If you or a loved one was injured in a trucking accident, call (404) 445-1411 to schedule your free consultation today. You pay no attorney’s fees unless we obtain a fair settlement or win a jury award on your behalf.

Trucking Company Ordered off the Road After Fatal Accident

Federal investigators looking into a trucking accident that killed one Illinois toll worker and seriously injured a state trooper discovered a company history of regulation violations and record falsification. Investigators have called the trucking company, DND International, an €œimminent hazard to public safety’€. As a result, DND International trucks have been ordered off the road pending a complete investigation.

The fatal accident that spurred this investigation took place on January 27, 2014. Illinois toll worker Vincenzo Petrella pulled over with State Police Trooper Douglas J. Balder to help a disabled tractor trailer truck. While assisting with repairs, DND International driver, Renato Velasquez veered off the highway and crashed into the disabled truck.

The Petrella family is currently pursing law suits against DND International, and the driver, Renato Velasquez for negligence. According to state prosecutors, Velasquez slept only 3 ½ hours during his 37-½ hour shift. Investigators have since revealed a company history of trucking violations and €˜serious falsification’€™ in diver log books.

Legally, truck driver shifts can only last 14 hours, with a maximum of 11 hours driving. Drivers are then required to take a 10-hour break between shifts to prevent fatigue. When trucking regulations about shift length are not followed, there is a higher possibility that drowsy truck drivers are behind the wheel.

Trucking Accidents at Moraitakis & Kushel, LLP

At Moraitakis & Kushel, LLP, our legal team understands the intricate regulations that govern tractor trailer trucking in the United States. Our experienced lawyers know where to look for answers after atrucking accident. We know that tractor trailer accidents can cause serious injuries and large scale property damage. Our team helps people affected by tractor trailer accidents find justice.

If you, or someone you love, was involved in a trucking accident, contact Moraitakis & Kushel, LLP for support. We will work with you to investigate the truck driver and the trucking company to find real resultsafter your accident.

Truck Driver Charged in Wreck that Shut Down I-85 North

Truck driver Terry Curry, a 47-year-old native of Waxhaw, North Carolina, was charged with reckless driving after a catastrophic accident that occurred on December 26, 2013. Curry, who allegedly fell asleep at the wheel, is recovering in a nearby hospital.

According to the Virginia State Police, Curry violently swerved to the left at about 3:30 AM, and quickly overcorrected, at which point he lost control of the tractor trailer and hit the guardrail on the highway. Although no one was killed, the northbound lanes of I-85 were shut down from 10:30 AM to 1:15 PM as clean-up crews worked to remove the debris from the roadway.

Although truckers and trucking companies alike are outraged by the new rules enacted by the Federal Motor Carrier Safety Administration (FMCSA) in July 2013, this accident (among others) seems to affirm their necessity. The new provisions, which are currently under fire by representatives of the trucking industry, mandate that commercial vehicle drivers must take a ½ hour break during the first eight hours on the road. These laws also force truck drivers to take at least one €œrestart’€’€”a 34 hour off-duty period, once per week in order to catch up on much needed rest.

Big accidents, like the one in Petersburg, Virginia, are often the result of fatigued driving’€”something that the regulations enacted by the FMCSA are designed to eliminate.

Trucking Accident Law at Moraitakis & Kushel, LLP

 The expert trucking attorneys of Moraitakis & Kushel, LLP are committed to helping you and your loved ones gain the compensation you deserve. During your initial consultation, our attorneys will listen to your case and determine the legal options available to you. If we take your trucking accident case, our lawyers will use their extensive experience and resources to investigate the accident and build a solid case.

Below are just a few of the case results achieved by the attorneys of Moraitakis & Kushel, LLP:

  • $600,000 €“ Orthopedic Injuries incurred by an Auto Accident
  • $495,000 €“ Brain Injury caused by a Commercial Vehicle Accident

Truck Driver Charged in Fatal Accident Was Partially Blind

The families of the victims of a July trucking accident that occurred in Channahon, IL are calling for a federal inquiry into exemptions that allowed the truck driver in the accident, Francisco Espinal-Quiroz, to maintain his license, despite the fact that he is partially blind.

According to current policy, the Federal Motor Carrier Safety Administration (FMCSA) makes exemptions for drivers with physical or medical issues if they can pass certain medical tests and demonstrate a safe driving record of at least three years. This exemption must be renewed every two years, and Espinal-Quiroz had just had his license renewed for the fourth time on July 20th‘€”one day before the fatal accident.

Since it has come to light that the FMCSA was aware of Espinal-Quiroz’€™s impairment, there has been an outcry from not only the victims’€™ families, but also the general public. It is common knowledge that people with monocular vision, or vision in only one eye, have decreased depth perception and peripheral vision, both of which are key in operating a motor vehicle’€”especially large trucks and semis.

The July 21st chain-reaction crash resulted in the deaths of five people. Espinal-Quiroz has been charged with 15 counts of reckless homicide as a result of the crash.

Moraitakis & Kushel, LLP, Trucking Accident Lawyers

The expert legal team at Moraitakis & Kushel, LLP understands the complex laws and regulations involved in the trucking industry, and are highly experienced in trucking accident and personal injury law.

With over 70 years of combined legal experience, trucking accident attorneys Nicholas C. Moraitakis andGlenn E. Kushel work tirelessly to help their clients seek justice and proper compensation. If you would like to meet with our legal experts to discuss a potential case, call (404) 261-0061 or toll free at 1(800) 688-2357 to schedule a free consultation in our Atlanta area office.

Truck Accident Lawyer in Atlanta

Life changes the instant a major accident occurs. If you or a family member has been involved in a collision with a truck, you need a skilled truck accident lawyer in Atlanta. Our expert truck accident trial lawyers, Nicholas Moraitakis and Glenn Kushel, have the extensive knowledge and expertise necessary to get you the just compensation you and your family deserve.

Choose a Truck Accident Lawyer with Proven Results

As the leading Georgia serious injury law firm, Moraitakis & Kushel, LLP will represent your best interests in the complicated practice area of trucking accidents. Our firm is built on our reputation and results, and we are proud U.S. News and Best Lawyers chose us as one of the best law firms this year. You can feel confident in your choice of a truck accident lawyer in Atlanta with our firm.

In consideration of your case, we can help you with the numerous issues that will come up in litigation during a truck accident case, including:

  • Potential negligence on the part of the truck driver
  • Proof for compensation
  • Legal issues surrounding medical care
  • Legal ramifications if you are no longer able to work

We are not intimidated by corporate lawyers for the big trucking companies, and are determined to pursue your legal rights when you or a family member has been in a terrible accident. In this difficult time, we have the compassion and confidence you need to be your truck accident lawyer in Atlanta.

Call Today for an Atlanta Truck Accident Lawyer

Call today or visit us online for a free consultation. Contact us at 1-800-688-2357, or our local Atlanta number 404-445-1411. If you are looking for a truck accident lawyer in Atlanta who has tried and won numerous cases in tractor-trailer accidents, call today.

Tractor Trailer Accident Lawyer in Atlanta

Tractor trailer accidents are common, especially in Georgia. If you’€™ve been injured in a tractor trailer accident and suffered catastrophic injuries, then you need a tractor trailer accident lawyer in Atlanta you can trust. Nicholas Moraitakis and Glenn Kushel, of Moraitakis & Kushel, LLP, have over 70 years of combined experience trying tractor trailer injury cases, giving you the edge you need to win your case.

Rated in publications like Georgia SuperLawyers and U.S. News and World Report‘€™s Best Lawyers,Moraitakis & Kushel, LLP has tried and won numerous cases involving tractor trailer accidents.

Let Our Expert Accident Lawyers Try Your Case

Although the insurance company at fault is required to pay for damages, you may not receive the compensation you need from their first offer. An experienced tractor trailer accident lawyer in Atlanta knows how to negotiate with the insurance companies to ensure you get the settlement you deserve.

During your consultation with a tractor trailer accident lawyer in Atlanta, we will go over many questions in regards to your case, including:

  • Were you hurt because of the driver’€™s negligence?
  • Can you prove the accident was the driver’€™s fault?
  • Do you have enough evidence to obtain fair compensation?
  • And many other questions

Your tractor trailer accident lawyer in Atlanta will give you an honest assessment before taking on your case. If we decide to take your case, rest assured that we will explore every avenue to fight for maximum compensation.

Reach Out to Moraitakis & Kushel for Legal Help

Call (404) 445-1411 or contact us online to speak with a tractor trailer accident lawyer in Atlanta today.

Off-duty Santa Receives $1M Settlement with Trucking Co.

An off-duty Santa Claus has received a settlement of $1 million after a collision with a truck from DSL Express Trucking, Inc. After an initial erroneous report, and a subsequent investigation, Larry Bramlett of Suches, Georgia, reached an agreement with the defendant in settlement of the lawsuit.

On March 25, 2011, Mr. Bramlett and his wife Mary were travelling on I-75 in Henry County, Georgia, when the driver of the truck hit the trailer carrying their Harley Davidson motorcycles. This caused a wreck, injuring both Mr. and Mrs. Bramlett, and a lawsuit was filed June 24, 2011, in Henry County State Court. In the last two years, both Larry and his wife have undergone spinal disc surgeries for their neck and back injuries, of which they have now both recovered.

The initial police report ruled Mr. Bramlett was at fault, but after an accident reconstructionist was hired, it was proven that the driver did indeed hit their trailer. The police report was changed, and the charge against him was dropped. The two parties reached an agreement in early April of this year, and the off-duty Santa received his $1M settlement.

Trucking Accident Cases at Moraitakis and Kushel, LLP

The Atlanta trial lawyers at Moraitakis and Kushel, LLP are veterans in trucking accident litigation who are not intimidated by complex cases or corporate lawyers. The highways around Atlanta and all of Georgia can be very dangerous, and we are here to represent your best interests. We will fight for  maximum compensation in settlement negotiations, or if needed, at trial. Moraitakis and Kushel, LLP are leaders in trucking accident cases.

As in Mr. Bramlett’€™s case, it is important to have qualified legal representation if you or a family member has been in a trucking accident. We also have extensive experience in cases of wrongful death.

Call Moraitakis & Kushel, LLP at (404) 261-0016 or 1-800-688-2357, or send us an e-mail to schedule your free consultation with a trucking accident attorney.

How to Find the Best Tractor Trailer Accident Lawyer

If you have been the victim of a tractor trailer accident, you may realize you can encounter many difficulties trying to get compensation for your injuries and suffering. If you or someone in your family has had to deal with the horror of a tractor trailer accident, the first thing to do is find a qualified trucking and tractor trailer accident attorney.

Top Tips for Choosing a Tractor Trailer Accident Lawyer

At Moraitakis & Kushel, LLP, in Atlanta, Georgia, we understand what it takes to get you the compensation you deserve for any suffering you have accrued as a result of a tractor trailer accident or wreck.  Here are some important tips you can use to find the right attorney should you or a member of your family finds themselves the victim of a trucking accident:

  • If you have a lawyer that you already know or use, ask them for a recommendation. If they do not specialize in trucking and tractor trailer accidents, they may be able to refer you to someone who does. At Moraitakis & Kushel, we are proud of our expertise in representing victims of trucking and tractor trailer accidents.
  • Make sure that the lawyer you are considering works on contingency. This means that you shouldn’€™t have to pay them anything unless they win your case. A reputable lawyer will give you an honest assessment of the likelihood of a successful judgment, so contingency should not be a problem for someone willing to take the case. We are proud to work for our clients on contingency here atMoraitakis & Kushel, LLP.
  • Get as much information on your potential lawyer as possible. A site like Martindale.com is a good place to start. This widely recognized resource measures the effectiveness of lawyers based on the Martindale-Hubbard rating system, an industry standard for the legal field. At Moraitakis & Kushel, LLP, we have garnered a perfect 5 out of 5 rating from our peers in the legal field. That means that other lawyers and legal professionals have recognized our commitment to excellence, and have expressed it as such.

These tips will help you finding the right attorney to guide you and your family through this confusing and trying time. You’€™ve been victimized, and the insurance agency representing the trucking company will do everything they can to alleviate themselves of legal culpability for causing you harm.

Call Our Team at Moraitakis & Kushel, LLP

Let the trucking law experts at Moraitakis & Kushel in Atlanta, Georgia, get you the compensation you deserve for your pain and suffering. Call us at 404-445-1411 or 1-800-688-2357 for your free consultation today.

Hours of Service Laws Aim to Prevent Trucking Accidents

With long shifts and hours of endless driving, staying awake at the wheel isn’t an easy task. In fact, 31 percent of all trucking accidents are caused by fatigue, which is more than the percentage alcohol and drug related truck accidents combined.

The consequences of fatigued truck driving gained the attention of the general public on June 7, 2014, when comedian and entertainer Tracy Morgan and seven other passengers were hit by a Wal-Mart truck while riding in a limo-bus on the New Jersey Turnpike. The crash killed one passenger, James McNair, and left the survivors with severe injuries.

The truck driver, Kevin Roper, had apparently been behind the wheel of the truck for over 24 hours without any sleep, a clear violation of hours of service laws. This fatigue is ultimately what caused the collision, and Roper faces charges of vehicular homicide.

What are Hours of Service Laws?

The Hours of Service laws were put in place to protect drivers and other passengers on the road from fatigue-related accidents. These laws include:

60/7 or 70/8 Rules. This allows truckers the freedom to choose between the two rule sets, both of which set limitations on the amount of driving that can be completed in consecutive days. A driver cannot exceed 60 consecutive hours in a seven day period or 70 consecutive hours in an eight day period. Once they have accumulated those hours, they must take a 34-hour rest break.

30 Minute Break Rule. This rule makes it mandatory for every driver to take at least one 30 minute break for every eight hours of driving. This break must be “off-duty” in which they can eat or take a nap, but cannot be driving.

The 14-Hour Window Rule. No matter how many 30-minute breaks have been taken, there is a strict 14-hour driving window for all truck drivers. For example, if a driver begins his route at 6:00 AM, he must stop driving at 8:00 PM. Breaks do not extend this 14 hour window.

The 11-Hour Limit Rule. Within the 14-hour window, drivers are only allowed to drive for 11 hours. So while they have a 14-hour work window, they cannot drive for 14 hours consecutively, even with breaks. Eleven hours is the maximum driving limit, before the driver must take 10 hours off to rest.

The 34-Hour Restart Rule. This rule requires that in order to “restart” their 60/7 or 70/8 work week, a driver must spend at least 34 hours off-duty. This means 34 hours of complete free time for the driver. This time does not include non-driving work, but must be given to the driver for rest and sleep.

Contact Moraitakis & Kushel, LLP, Truck Accident Lawyers

Trucking accidents caused by fatigue can have fatal and serious consequences. Violating the hours of service laws can be seriously dangerous and puts the truck driver and all other drivers on the road at risk.

If you or someone you love was injured in a trucking accident by a driver asleep at the wheel, hours of service violations may be the cause. In order to receive just compensation for your physical, emotional, and financial damages, contact the truck accident lawyers at Moraitakis & Kushel and begin your journey to justice today.

To contact our office, call us at 404-445-1411 or toll free at 800-688-2357 and schedule your free consultation.