Key Takeaways About Truck Accident Litigation in Atlanta
- Complexities of Truck Accidents: Truck accidents are notably complex due to the involvement of large vehicles and the trucking industry’s rigorous regulations. These incidents often result in significant injuries and require an understanding of unique laws and regulations governing commercial trucking.
- Investigation and Liability: Proper investigation and determining liability in truck accidents are essential. This process includes analyzing driver conduct and truck maintenance records and identifying all potentially liable parties, such as trucking companies, vehicle manufacturers, or cargo loaders.
- Insurance Negotiations: Truck accident claims typically involve dealing with multiple insurance policies and adjusters. Navigating these claims demands proficiency in negotiating fair settlements that adequately cover medical expenses, lost wages, and other damages.
- Legal Representation: Hasner Law provides legal assistance for truck accident victims in Atlanta. Our experienced attorneys adeptly handle the intricacies of truck accident claims, from thorough investigations to assertive negotiations with insurance companies, confirming victims receive the compensation they deserve.
Have you suffered injuries because you were involved in a motor vehicle accident involving a truck in Atlanta? You may be entitled to compensation from the truck driver, trucking company, or another negligent third party. Call an Atlanta truck accident attorney from Hasner Law at (678) 928-8784.
Our Atlanta personal injury attorneys will work tirelessly to secure maximum compensation on your behalf. Give our law offices a quick call to schedule a free consultation and learn more today.
Why Should I Call a Personal Injury Attorney After My Atlanta Truck Accident?
In Atlanta and throughout the United States, our economy relies heavily on the trucking industry. Commercial hauling of products on our roadways is a crucial part of nearly all business sectors. But, sometimes, these large vehicles get into accidents.
Due to the sheer size of these rigs, which include 18-wheelers, delivery trucks, tow trucks, and garbage trucks, the resulting damage can be devastating. If you are involved in a collision with a truck, you may require expensive medical treatment and a lengthy rehabilitation process, and your ability to work and live day-to-day may be impacted.
Note that truck accidents are often more complicated than simple car accidents in Atlanta. This is because the driver is typically an employee of a commercial company, and there may be underlying problems with the vehicle. These issues can make it difficult to sort out liability. For these reasons, it’s important to speak with our experienced truck accident attorneys about your case.
Benefits of Hiring an Atlanta Truck Accident Attorney
The following are five benefits of working with a truck accident attorney:
Understanding Truck Laws and Regulations
After a truck accident in Atlanta, understanding and using the intricate laws and regulations governing the trucking industry is paramount to strengthen your case. Unlike typical road accidents, commercial vehicles are bound by a unique set of federal and state regulations that influence everything from vehicle maintenance to driver working hours.
The Federal Motor Carrier Safety Administration mandates strict guidelines on the number of hours a truck driver can operate within a given period to prevent fatigue-related accidents. Additionally, there are regulations regarding the weight and loading of trucks, mandatory rest periods for drivers, and regular maintenance and inspection schedules. Violations of these regulations play a significant role in the causation of accidents. A seasoned truck accident attorney at Hasner Law brings an in-depth understanding of these regulations to the table.
Dealing With Large Truck Companies
Truck accidents often involve not just the drivers but also the large trucking companies they work for. These corporations typically have extensive resources, including teams of experienced attorneys and substantial insurance coverage. For an individual involved in an accident with a truck, facing this kind of corporate power can be daunting.
One of the primary roles of a Hasner Law truck accident attorney in such scenarios is to level the playing field. At Hasner Law, we understand the tactics these companies might use to minimize their liability or to offer settlements that are less than the victim deserves. We may effectively counter these strategies, ensuring the victim’s rights are protected.
Experienced Accident Investigation
One of the first steps a Hasner Law truck accident attorney takes is gathering and preserving evidence. This includes images of the accident scene, witness statements, police reports, and surveillance footage, if available. Given the larger scale and potential severity of truck accidents, the evidence-gathering process can be more complex compared to standard car accidents. Hasner Law truck accident attorneys are well-versed in identifying and dealing with cases involving hazardous materials. Trucks carrying dangerous goods are subject to stringent regulations, and a breach of these can have severe implications.
Determining Liability of One or Multiple Parties
In truck accident cases, liability can extend beyond the truck driver. Potentially responsible parties may include the company, the owner of the truck, the truck or parts manufacturer, and even third-party logistics providers or contractors. Each of these entities can have a varying degree of responsibility for the accident.
A skilled truck accident attorney at Hasner Law will meticulously examine the relationships between these parties to determine liability. For instance, if a mechanical failure caused the accident, the manufacturer of the faulty part might be liable. If it was due to improper cargo loading, the company responsible for loading might be at fault. In cases where the trucking company pressured the driver to ignore rest periods or vehicle maintenance regulations, the company itself could be held responsible.
Handling Communications with Insurance Adjusters
Commercial truck accidents often involve multiple insurance policies, which can include the truck driver’s personal insurance, the trucking company’s commercial policy, and possibly additional policies from other involved entities like cargo loaders or truck manufacturers. Each of these policies can have different terms, coverage limits, and conditions.
A Hasner Law truck accident attorney confirms insurance companies do not undervalue or deny legitimate claims. We know the tactics insurance companies might use to minimize payouts, such as disputing the severity of injuries or arguing over fault.
We can handle complex discussions with insurance adjusters, using the gathered evidence to strengthen your case. This is particularly important in truck accident cases, where the extent of damages – including medical bills, lost wages, and emotional suffering – can be substantial. We will ensure all damages are properly documented and accounted for in the claim, including potential long-term effects and expenses.
Truck Accident Statistics
Understanding the statistics surrounding truck accidents is crucial for raising awareness and promoting safety measures on the road. According to the Federal Motor Carrier Safety Administration, in 2021 alone, there were approximately 494,000 police-reported crashes involving large trucks in the United States. Among these incidents, 5,149 (1 percent) were fatal crashes, and 110,000 (22 percent) resulted in injuries.
Tragically, single-vehicle crashes, which include incidents involving cyclists, pedestrians, and non-motorized vehicles, comprised 21 percent of all fatal crashes involving large trucks. Furthermore, the majority (62 percent) of fatal crashes involved two vehicles. These fatal incidents often occurred in rural areas (54 percent) and on Interstate highways (26 percent), highlighting the importance of safety measures in these settings. Additionally, a significant portion of fatal crashes (37 percent) occurred at night, between 6:00 pm and 6:00 am, posing challenges for visibility and road safety.
Work zones present unique hazards for truck drivers and other road users. In 2021, 33 percent of work zone fatal crashes involved at least one large truck, emphasizing the need for heightened caution in these areas. Rollover incidents, though less common, still pose a risk, accounting for 4 percent of fatal crashes and 2 percent of nonfatal crashes involving large trucks.
As these statistics illustrate, truck accidents can have far-reaching impacts on individuals, families, and communities. If you or a loved one has been affected by a truck accident, seeking legal guidance and representation can help you navigate the complexities of the legal process and pursue the compensation you deserve.
Common Causes of Truck Accidents in Atlanta, Georgia
The most common driver-related factor is speeding, followed by distraction or inattention, such as using a cell phone or eating/drinking. Other factors include:
- Driving under the influence of drugs or alcohol
- Being fatigued or falling asleep
- Emotional distress
- Aggressive driving
- Unbalanced/improper cargo distribution
- Ignoring hazards
It’s important to make sure your truck accident is investigated carefully. You’ll want to be certain you know why it happened and who might share the blame. Contact Hasner Law to learn more about how we can help you with your truck accident injury case today.
Steps to Take After Being Injured in a Truck Accident in Atlanta, GA
Being a victim of a truck collision can be a disorienting and traumatic experience. Knowing the right steps to take immediately following the incident can be crucial for both your safety and any future legal action. Here is a guide on what to do in the aftermath of a truck accident:
1. Ensure Your Safety and Check for Injuries: First and foremost, assess your own safety and health. If you are able to move without causing further injury, get to a safe location. Check on others involved in the accident and provide assistance if you can do so safely. If anyone is catastrophically injured, call emergency services immediately.
2. Call the Police: Even in seemingly minor accidents, it’s important to contact the police. A responding officer will create an accident report, which can be critical in any legal proceedings. Cooperate with the police officers at the scene, but avoid admitting liability or making statements that may be used against you later.
3. Document the Scene: Capture images and videos of the accident, including vehicle positions, damages, road conditions, traffic signs, and any injuries. Note the time, location, and weather conditions. If there are witnesses, collect their contact information.
4. Exchange Contact Information: Exchange contact and insurance information, noting the truck’s license plate, the company name on the truck, and any identifying details.
5. Seek Immediate Medical Attention: Even if you feel fine, it’s crucial to see a doctor as soon as possible. Some injuries, particularly related to the head, neck, or spine, may not be immediately apparent. Follow all medical recommendations and keep records of all treatments and diagnoses.
6. Consult With a Truck Accident Attorney: Consider consulting with a truck accident attorney at Hasner Law, especially if you have sustained injuries or significant vehicle damage. Our legal team can provide legal counsel on how to proceed next, deal with insurance companies, and, if necessary, represent you in legal claims.
7. Notify Your Insurance Company: Inform your insurance company about the accident, but be cautious in your communication. Provide basic facts, but avoid speculating about fault or liability.
8. Keep Detailed Records: Document all details related to the truck accident, including medical bills, repair estimates, lost wages, and other related expenses.
By following these guidelines, you can navigate the aftermath of a truck accident with greater confidence and clarity. Remember, your safety and well-being are paramount, so prioritize seeking medical attention and ensuring the scene is secure before taking any further action. Once you’ve addressed immediate concerns, reaching out to an experienced truck accident attorney at Hasner Law can provide invaluable support and guidance as you navigate the complex legal process ahead.
Truck Driver Regulations in Georgia
Commercial truck drivers have more rules and regulations to follow than drivers of passenger cars. This is important because failing to follow these rules can be grounds for finding a driver at fault for an accident, provided the violation caused the collision.
Here are some examples of rules that apply to commercial truck drivers in Georgia:
- Licensing: The driver must have a Commercial Driver’s License (CDL). Georgia requires drivers to be at least 18 years of age and 21 years of age if they will be crossing state lines.
- Testing and Inspection: The driver must be drug tested prior to employment and again if there is any suspicion of drug use. The truck must also be inspected regularly and comply with the state’s minimum safety requirements, such as having working brakes, lights, and equipment.
- Vehicle Weight and Signage: The driver’s load cannot exceed the weight limit for the road. In addition, proper signage must be displayed if the driver is hauling hazardous materials.
- Drive Time: If the driver is hauling property, he or she has a window of 14 hours in which to drive before taking a mandatory consecutive 10-hour break. During these 14 hours, the driver can have up to 11 hours of actual drive time.
- Rest Breaks: The driver cannot go more than 8 hours without a 30-minute break.
- Time Off: The driver cannot drive more than 60 hours in one week or more than 70 hours in an 8-day period. Note that this clock resets once a driver has taken 34 or more consecutive hours off.
The driver must also follow the basic rules of the road applicable to all drivers, including complying with all posted speed limits, using turn signals, and stopping at red lights.
Steps to Investigating a Truck Accident in Georgia Near You
If you are injured in a truck accident, you may be interested in what legal options are available to you. Keep in mind if you decide to file an Atlanta truck accident lawsuit, you must prove someone acted negligently. Negligence means the person failed to act reasonably under the circumstances, and this behavior led to your injury.
Negligence is not always easy to prove. For that reason, it’s important to have evidence to back up your claim. This will give you a greater chance of success during settlement negotiations or if your case goes to trial.
As you might have guessed, there are more issues to investigate in a Georgia truck accident than with a simple car crash. In looking for evidence of negligence, an experienced accident attorney in Atlanta will review the following:
- The truck driver’s credentials. Was the driver properly licensed for the vehicle he was driving?
- The truck driver’s track record. Was there a history of accidents caused by the driver?
- Maintenance records for the truck. Could the trucking company have acted negligently? Are there manufacturing defects on record for this truck?
- The company log. Was the organization following state and federal laws and regulations?
- Local and state statutes. Are there any laws particular to this area?
- Reports from the accident. Was there anything reported to the police?
Note that after an accident, it’s always good practice to document and photograph what you can. It’s also helpful to write down the contact information of any witnesses who can help corroborate your side of the story.
Types of Evidence That May Be Used in Your Truck Accident Case
Various types of evidence may be utilized to support the plaintiff’s claim and demonstrate the negligence or misconduct of the defendant parties. Here are some common types of evidence a Hasner Law truck accident attorney may use in your Atlanta truck accident case:
- Accident Scene Evidence: This includes photographs or videos of the accident scene, skid marks, debris, road conditions, traffic signs, and any visible damage to vehicles. Accident reconstruction experts may also analyze this evidence to recreate the sequence of events leading to the crash.
- Eyewitness Testimony: Statements from eyewitnesses who observed the accident can provide valuable insight into what occurred. Witness testimony may corroborate the plaintiff’s version of events and help establish fault.
- Truck Maintenance and Inspection Records: Maintenance and inspection records for the commercial truck involved in the accident can reveal whether the vehicle was properly maintained and in compliance with safety regulations. Evidence of negligent maintenance or mechanical failures may indicate liability on the part of the trucking company or maintenance provider.
- Driver Logs and Records: Truck drivers are required to keep detailed logs of their driving hours, rest breaks, and work schedules to ensure compliance with federal hours-of-service regulations. These records can be examined to determine if the driver exceeded allowable driving limits, potentially leading to driver fatigue and contributing to the accident.
- Electronic Logging Device (ELD) Data: Many commercial trucks are equipped with ELDs, which electronically record driving time and vehicle data. ELD data can provide valuable information about the truck’s speed, braking, and other operational parameters leading up to the accident.
- Black Box Data: Similar to ELDs, some commercial trucks are equipped with event data recorders (EDRs), commonly referred to as “black boxes.” These devices capture data such as vehicle speed, engine RPM, braking patterns, and seatbelt usage in the moments before a crash, offering crucial insight into the cause and severity of the accident.
- Cell Phone Records: In cases where distracted driving is suspected, obtaining the truck driver’s cell phone records may reveal whether they were using their phone at the time of the accident. Text messages, phone calls, or mobile app usage while driving can support claims of negligence.
- Expert Testimony: Testimony from accident reconstruction experts, medical professionals, engineers, or other expert witnesses can provide specialized knowledge and opinions regarding the cause of the accident, the extent of injuries, and the resulting damages.
- Surveillance Footage: Video surveillance footage from nearby businesses or traffic cameras may capture the accident as it happens, providing additional visual evidence of the events leading up to the collision.
- Medical Records: Documentation of the plaintiff’s injuries, medical treatments, and prognosis is crucial for establishing the extent of damages suffered as a result of the accident. Expert medical testimony can help link the injuries directly to the crash and assess the long-term impact on the victim’s health and well-being.
By meticulously collecting and presenting relevant evidence, plaintiffs and their legal representatives can build a strong case for compensation in Atlanta truck accident claims, holding negligent parties accountable for their actions and recovering justice for victims and their families.
How Can I Get Money After an Atlanta Truck Accident?
In a typical car accident, collecting from the driver who was at fault is fairly straightforward. In most cases, you either go through the driver’s insurance company and negotiate a settlement or file a claim in court and pursue a damage award.
However, this process can be much more complicated in a truck accident. If you believe the driver was negligent, you may have grounds to bring a lawsuit against them directly. However, the company employing the driver may also be liable. In many cases, this will depend on whether the driver is classified as an employee or an independent contractor.
This classification is not always clear, but it often depends on the degree to which the company has control over the driver’s actions. Specifically, the less control the company has, the less likely it is to be found liable. However, in some cases, an employer can still be considered at fault, even in independent contractor arrangements.
For example, if the company knew the driver had a poor driving record, but they chose to work with them anyway, this could be considered negligent hiring practices. Further, if you are able to prove the accident was caused by an issue with the truck itself, it might be possible to sue the manufacturer of the vehicle for negligence. As you can see, these cases can get very complex.
For that reason, it can be helpful to reach out to a qualified attorney to help you navigate the process.
Damages Available to Georgia Truck Accident Victims
If you were injured in a large truck or tractor-trailer accident, you may be entitled to financial compensation. These are referred to as “damages” and are amounts paid to you to cover your medical bills, lost income, and even pain and suffering.
Calculating Damages After Your Atlanta Truck Accident
Now, medical expenses and lost earnings are rather direct forms of damages. They are objective, which means the calculation is based on your actual out-of-pocket costs.
Pain and suffering, on the other hand, are subjective and much more difficult to reduce to a specific dollar amount. These damages are typically decided during settlement negotiations or by a jury after a trial and consider such factors as your physical pain and mental anguish as well as loss of enjoyment of life. Note that there is no cap on what you can get for pain and suffering.
Damages Following a Fatal Georgia Truck Accident
Keep in mind that dependents and spouses of a deceased victim can also be awarded damages. These are typically meant to compensate for lost income the victim would have made during their life and additional amounts to cover funeral and burial expenses. They also may compensate for more subjective factors, such as loss of companionship.
Sharing Fault for a Georgia Truck Accident
You can generally still recover compensation from a truck driver even if you were partially at fault for the accident. An example might be if you were texting while driving but were hit in an intersection by a truck driver who ran a red light. In Georgia, you can be awarded damages so long as you weren’t more than 50% to blame for the collision. This means if you are found to be 51% at fault, you would be entitled to nothing.
Apportioning fault in an accident is not always easy, and in close cases, there can be a lot of uncertainty if these matters go to trial. For that reason, it’s important to speak with an Atlanta truck accident lawyer to evaluate your case and advise you on how best to proceed.
How Long Will It Take for a Truck Accident Claim to Settle?
If you’re a victim of a truck accident relying on compensation for financial stability, you may wonder about the duration of truck accident claims. The timeline for these claims can vary, ranging from a few months to several years. This variation largely depends on the complexity of your truck accident case, the willingness of the involved parties to negotiate, and the specific laws applicable to the case. A significant portion of the time is often consumed by the discovery process, during which both sides gather and exchange crucial information about the accident’s cause and the subsequent legal consequences.
The strength of your argument and the strategy of your case are key factors influencing the likelihood of securing compensation. To increase your chances of a successful lawsuit, seeking the legal guidance of the Hasner Law truck accident attorneys is in your best interest, as it often makes insurance companies and at-fault parties take your claim more seriously.
Other Frequently Asked Questions
Why Should I Hire a Truck Accident Attorney?
Truck accident cases can be complex and involve multiple parties, including trucking companies, insurance companies, and other drivers. An experienced truck accident attorney can help you navigate the legal process, gather evidence, negotiate with insurance companies, and ensure you receive the compensation you deserve for your injuries and damages.
How Much Does It Cost to Hire a Truck Accident Attorney?
At Hasner Law, we work on a contingency fee basis, which means we only get paid if we win your case. Our fees are typically a percentage of the settlement or verdict we secure for you. This arrangement allows you to pursue legal action without worrying about upfront costs or hourly fees.
What Should I Do if I’ve Been Injured in a Truck Accident?
If you’ve been injured in a truck accident, your health and safety are the first priorities. Seek medical attention immediately and follow your doctor’s recommendations. It’s also important to document the accident scene, exchange information with other parties involved, and consult with a truck accident attorney as soon as possible to protect your rights.
How Long Do I Have to File a Truck Accident Claim in Atlanta?
The statute of limitations for filing a personal injury claim in Georgia is generally two years from the date of the accident. However, it’s important to consult with an attorney as soon as possible to ensure you meet all deadlines and requirements for your case.
What Damages Can I Recover in a Truck Accident Case?
In a truck accident case, you may be entitled to recover damages for medical expenses, lost wages, pain and suffering, property damage, and other losses related to the accident. An experienced attorney can help you assess the full extent of your damages and pursue maximum compensation on your behalf.
How Long Does It Take to Resolve a Truck Accident Case?
The timeline for resolving a truck accident case can vary depending on the complexity of the case, the extent of your injuries, and other factors. Some cases may be resolved through settlement negotiations within a few months, while others may require litigation and could take longer to reach a resolution. Your attorney can provide a more accurate estimate based on the specifics of your case.
Contact Our Atlanta, GA Truck Accident Lawyers Today
If you were involved in a truck accident, it’s important to contact a qualified personal injury attorney early on in the process. Don’t feel pressured into accepting a settlement until you speak with a law firm that has experience with trucking accident cases.
At Hasner Law, we have years of experience negotiating with insurance companies and navigating complex cases involving multiple parties. Often, these matters lead to a settlement, but we are also prepared to take your case to trial if we can’t reach an agreement. We are dedicated to getting you the compensation you deserve. Call our law firm today at (678) 928-8784 for a free consultation or fill out a contact form.
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