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Fighting for Maximum Compensation After a Truck Crash

Trucking accidents in Atlanta are especially dangerous due to heavy traffic, high speeds, challenging terrain, and congested sidewalks. As a major transportation hub, Atlanta’s interstates see millions of commercial trucks each year, raising the risk of serious collisions. When a semi-truck is involved, the likelihood of severe injuries is high. If you’ve been hurt in a truck accident in Atlanta or Fulton County, you may be entitled to significant compensation, particularly if you’ve missed work or faced steep medical bills. Our experienced Atlanta truck accident lawyers are committed to helping you recover the maximum compensation you deserve.

What are the commercial driving laws in Georgia?

Commercial truck drivers have more regulations to follow than drivers of passenger cars. Failing to follow these rules can be grounds for liability in an accident. Here are some examples of rules that apply to commercial truck drivers in Georgia:

  • 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
  • The driver must be drug tested before employment and tested again if there is any suspicion of drug use
  • The driver’s load cannot exceed the weight limit for the road. 
  • Proper signage must be displayed when hauling hazardous materials
  • 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
  • The driver cannot go more than eight hours without a 30-minute break
  • The driver cannot drive more than 60 hours in one week or more than 70 hours in eight days

Additionally, the driver must 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.

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What causes truck accidents?

Truck accidents can happen for a variety of reasons, but certain causes are especially common on busy Atlanta roads. These include:

  • Driver fatigue, often caused by long hours behind the wheel
  • Speeding or reckless driving
  • Poor vehicle maintenance, such as faulty brakes or worn-out tires
  • Overloaded or improperly loaded cargo, which can make trucks unstable
  • Dangerous road conditions or limited visibility

Identifying the cause of the accident is key to determining liability and building a strong case.

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What are common truck accident injuries?

The trauma you suffer as a result of a trucking accident injury can be debilitating. Some individuals experience immediate and obvious injuries at the accident site, and others may suffer extreme pain that sets in over time. Brain injuries can be particularly dangerous, especially when a car wreck victim presents a clear CT scan but experiences confusion and headaches as the injury sets in. These symptoms are a telltale sign of brain bleeding and injury.

Facing insurance complications

Insurance adjusters typically assert that any delay in your treatment justifies reducing or denying your accident claim. Insurers want to protect their bottom line. Some accident injuries may go undiagnosed unless patients follow up on their own. Traumatic brain injuries can also be misdiagnosed due to the delayed onset of the injury. Victims of truck accidents can protect their right to compensation by seeking medical attention at the accident scene and following up with trusted medical professionals. Your truck accident attorney in Atlanta can use your medical records to defend your claim.

Truck accident medical expenses

When truck drivers cause wrecks, they are subject to a personal injury lawsuit. Since passenger cars pale in comparison to the sheer size of a commercial trucking vehicle, the injuries and subsequent medical expenses victims face can be paramount. Neglecting to pay for your medical bills may lead to your bills being sent to collections with added fees. Some victims have to pay out of pocket before receiving their settlement amount. We will fight to get you the compensation you deserve so you won’t have to add financial troubles to the list of your worries.

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Health insurance vs. car insurance coverage

Many commercial accident victims attempt to recover compensation for their medical bills by filing a claim with their health insurance to pay for emergency room treatment, doctor’s office visits, or physical therapy. If your medical provider offers to bill your auto insurance to cover your bills, ask them to bill your health insurance company first. Your car insurance should only be an option if your health insurance denies your claim. When you are not solely at fault for your accident, you can seek compensation through a lawsuit. Our Atlanta truck accident attorneys offer a free consultation to discuss your best possible legal options.

Comparative negligence laws in Georgia

Georgia’s comparative negligence law states that the percentage of the compensation you’re allowed to receive is based on your contribution to the causes of the wreck. That means if you are found to be 30% at fault for your accident, you will receive 30% less than the total amount of your expenses.

Your truck accident attorney in Atlanta will help you understand your truck accident claim. Our team has experience relieving our clients of the stress of car accidents, commercial trucking accidents, and more. 

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Why do you need a truck accident lawyer in Atlanta?

You may want an Atlanta personal injury attorney at your side to advocate with insurers and negotiate on your behalf. Multiple parties may be involved in commercial accidents, and getting the compensation you deserve will hinge upon your ability to investigate and hold the right parties responsible.

Truck Accident FAQ

What should I do immediately after a truck accident?

  • Seek medical attention for any injuries
  • Call the police to file an accident report
  • Document the scene with photos or videos, including vehicle damage and road conditions
  • Gather witness information if possible
  • Contact an attorney to protect your rights

Who can be held liable in a Georgia truck accident case?

  • The truck driver
  • The trucking company
  • The truck’s owner
  • The manufacturer of the truck or truck parts
  • Cargo loaders (if improper loading contributed to the accident)

What damages can be recovered in a Georgia truck accident case?

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage
  • Wrongful death damages if a loved one was killed in the accident

What is Georgia’s statute of limitations for filing a truck accident lawsuit?

In Georgia, you generally have two years from the date of the truck accident to file a personal injury or wrongful death lawsuit. For property damage claims, you have up to four years to file.

What federal regulations apply to truck drivers in Georgia?

Truck drivers in Georgia must follow federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These include hours of service (HOS) rules, weight limits, vehicle maintenance requirements, and strict licensing guidelines.

Can I sue a trucking company if their driver caused the accident?

Yes, you can sue the trucking company if their driver was at fault. Under the legal doctrine of respondeat superior, employers can be held liable for the negligent actions of their employees if the accident occurred within the scope of employment.

What is the role of the black box in a truck accident investigation?

The black box, or electronic control module (ECM), records critical data about the truck, including speed, brake usage, and engine performance at the time of the accident. This data can provide crucial evidence about the truck driver’s behavior and any mechanical issues that may have contributed to the crash.

How are truck accidents different from car accidents in Georgia?

Due to the size and weight of commercial trucks, truck accidents often involve more severe injuries and property damage. Additionally, truck accident cases are more complex because they may involve federal regulations, multiple liable parties, and more evidence to review.

What is a spoliation letter in a Georgia truck accident case?

A spoliation letter is a legal notice sent to the trucking company or other liable parties to preserve important evidence, such as maintenance records, black box data, and logbooks. Failure to preserve this evidence can lead to penalties and strengthen your case.

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