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Tired Virginia Truck Driver Who Caused Fatal Wreck is Shut Down

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Attorney at Cooper Hurley Injury Lawyers

Tired Virginia Truck Driver Who Caused Fatal Wreck is Shut Down

Federal authorities have shut down an operator after a tired Virginia truck driver caused a fatal wreck near Washington D.C.

The Federal Motor Carrier Safety Administration shut down Carlos Alberto Garcia, accusing him of being in “egregious violation” of the hours-of-service regulations.

A report on CCJ Digital noted the driver drifted into a caution-striped, paved median on June 24 on I-495 near Washington, D.C. His truck hit two people who were re-securing a boat they were hauling on their trailer. One of the victims was killed. The other was seriously injured, FMCSA said.

An investigation by Virginia State Police found Garcia drove for more than 103 hours over the previous eight days at the time of the crash, with just one 10-hour off-duty period taken, CCJ Digital reported.

This would represent a serious breach of the Hours of Service regulations that are meant to protect other drivers from tired truckers and the truckers themselves.

Tired Virginia Truck Driver Was Involved in Another Serious Wreck

The report stated Garcia reportedly crashed another truck he was driving into the back of a Washington Metropolitan Area Transit Authority bus the previous day, causing numerous injuries to passengers, according to FMCSA’s report.

I was alarmed to read that this apparent breach of the rules by one trucker led to numerous injuries and a death.

The case in Virginia was not an isolated one. The Federal Motor Carrier Safety Administration also effectively shut down a truck driver from North Carolina who was charged over a fatal hit and run accident in New York in March.

The FMCSA said Simranjeet Singh Sandhu was driving a rig on the Cross Bronx Expressway on March 27 when he allegedly changed lanes without signaling, then struck a car. The wreck claimed the life of a driver and hospitalized a passenger. FMCSA said the trucker failed to stop.

Police officers allegedly found Sandhu five hours later at a rest stop near Ridgefield, N.J.

They said they identified extensive damage on his truck.  He initially denied being involved in a wreck, claiming the damage was caused by a rock he had hit as he was backing up, according to media reports.

The federal government has a raft of so-called hours of service regulations. You can read more about them here on our website. In recent years, the trucking industry has been putting pressure on Congress to retreat from these rules.

If you have been involved in a wreck involving a big rig in Virginia, please contact us at (757) 455-0077.

Bill O'Mara

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John Cooper

John Cooper is a veteran of personal injury law practice in Virginia. A native Virginian, he was raised in Norfolk and Virginia Beach. He has more than 20 years of experience handling personal injury cases and recently handled the largest auto accident settlement in 2010, according to VA Lawyers Weekly. The award provided $3.5 million to a child whose young father died when the vehicle he was a passenger in was rear-ended by a careless truck driver.

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Jim Hurley

Jim Hurley has been practicing law throughout Virginia for more than two-and-a-half decades. During his career, he has tried more than 100 jury trials — a staggering number — and handled hundreds more that were settled out of court. He is guided by the principle that the client is in charge of his or her case and should be kept fully aware of the litigation process. Jim has been awarded an AV Rating by Martindale-Hubbell, the highest rating given, for his practice of law. He was named in Virginia Super Lawyers in 2014, 2015, 2016.

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Bill O’mara

Bill O’Mara started his legal career in 2008, moving back to his home town of Chesapeake, VA. He has practiced in the field of plaintiffs’ personal injury and other litigation. He has gained extensive court room and trial experience, including contested trials before judges and juries across Hampton Roads. In 2014, Mr. O’Mara joined Cooper Hurley Injury Lawyers as an associate attorney. He became a partner in 2017.

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