Atlanta Truck Accident Lawyer

Name: Truck Accidents
Brand: Pendergrass Law
Rating: 5 (60 reviews)

An Atlanta, GA, commercial truck accident can be devastating. The Federal Motor Carrier Safety Administration concluded that there are more than 4,000 commercial vehicle accidents each year in the United States. Due to their size and weight, these truck accidents cause more than 100,000 injuries nationwide. With that being said, the need for Atlanta truck accident lawyers has never been higher.

Atlanta Truck Accidents

In Atlanta, traffic, speeding, the terrain, and overcrowded sidewalks make trucking accidents even more treacherous. Since Atlanta, GA, interstates are a transportation and commerce hub, millions of trucks pass through each year. This increases the chances of truck accidents. If you’re involved in a motor vehicle accident with semi-trucks, your chances of serious injuries are high. If you’ve suffered injuries in an Atlanta, Georgia, truck accident, then you could be entitled to fair compensation—especially if you are forced to miss time from work and face high hospital fees. The team at Pendergrass Law has experience serving Atlanta and Fulton County as personal injury attorneys. Our trucking accident lawyers represent Georgia accident victims with severe injuries. Our Atlanta truck accident lawyers are here to ensure that you get the maximum compensation you deserve.

Atlanta, GA, commercial driving laws

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.

Atlanta truck accident causes

Truck crashes can be caused by almost anything. However, recovering financial compensation in truck accident cases means that a truck driver violated their duty of care and their negligence caused an accident. When this happens, the driver’s insurance company can be held responsible for paying for your damages. A truck’s maintenance, poor driving habits, and part manufacturers may also cause trucking accidents. Our law office has experience getting to the bottom of accident causes. Sit down with one of our trucking accident specialists today to discuss your access to compensation.

Distracted driving

Distracted driving in a semi-truck is a huge problem. Even small distractions could lead to catastrophic injuries. For that reason, The FMCSA has banned texting while driving a large truck and may soon ban cell phone use while operating commercial trucks.

Semi-truck and alcohol use

Driving any vehicle under the influence of alcohol and drugs is illegal. Drinking and driving a commercial vehicle may lead to serious injury and fatalities. The FMCSA precludes the use of alcohol for several hours before the operation of a big truck. Alcohol testing of truck drivers is mandatory in many post-accident scenarios, and the results of this test will be included in the police report, regardless of whether the responding police officer believes that alcohol played a role in the wreck. If someone you love was wrongfully killed because of a drunk truck driver, consider seeking legal representation from a truck accident lawyer in Atlanta at our law offices.

Commercial Driver Fatigue

The FMCSA stipulates how long a commercial truck driver is allowed to operate a tractor-trailer when fatigued. We have handled cases where various documents (the bills of lading, driver’s logs, and meal receipts) show that the truck driver was driving too long.

If you were in an accident involving a fatigued driver, then aggressive legal representation from a truck accident lawyer in Atlanta can help you recover compensation. We aim to hold drivers, trucking companies, and other parties involved responsible for the tractor-trailer accidents they cause.

Disabled tractor-trailers

When a tractor-trailer is disabled on the roadway, the vehicle presents a grave danger for passing travelers. Since the truck and trailer are enormous pieces of machinery, colliding with either can lead to horrifying consequences. The FMCSA has set forth guidelines for disabled truckers to follow, and not following these rules can lead to auto accidents and truck accident claims.

Unqualified truck drivers

State and federal laws mandate that a commercial driver’s license is necessary to get behind the wheel of a tractor-trailer. CDL applicants must have a “good” driving record of two years without having their license suspended or revoked and without a serious traffic or driving offense as noted in 42 C.F.R. 383.51. A trucking company may also be liable for hiring unqualified drivers. The FMCSA mandates that trucking companies maintain a minimum level of financial responsibility. A GA trucking accident lawyer can assist anyone who’s been injured in a commercial vehicle accident.

Atlanta 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.

Source:https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/

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. Pendergrass Law will fight to get you the compensation you deserve so you won’t have to add financial troubles to the list of your worries.

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

Why you need an Atlanta truck accident lawyer

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.

Frequently Asked Questions

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.