Atlanta Truck Accident Lawyer: How to Find the Right Legal Representation
If you have been involved in a truck accident, you may be entitled to compensation for damages. With over 20 years of experience in personal injury law, our Atlanta-based law firm has helped countless clients recover over $1 billion in verdicts and settlements. Our team of skilled truck accident attorneys in Atlanta will work tirelessly to ensure that you receive the maximum compensation possible.
Our lawyers understand the complexities of truck accident cases and are well-versed in state and federal regulations governing the trucking industry. We will fight against insurance companies on your behalf and work to get you the compensation you deserve. Additionally, our Atlanta personal injury lawyers work on a contingency fee basis, meaning you will not owe us anything unless we win your case. Contact us today to schedule a free consultation and take the first step towards getting the compensation you deserve.
Key Takeaways
- Our Atlanta-based law firm has over 20 years of experience in personal injury law and has helped clients recover over $1 billion in verdicts and settlements.
- Our team of skilled truck accident attorneys in Atlanta will work tirelessly to ensure that you receive the maximum compensation possible.
- We work on a contingency fee basis, meaning you will not owe us anything unless we win your case.
Truck Accidents Are Devastating
Large truck accidents can be devastating, resulting in severe injuries and fatalities. Recent statistics reveal that in 2020, 4,014 people died in collisions involving large trucks 1. Even more concerning is that 68% of the people who died were occupants of passenger vehicles and other cars 1. The report further reveals that 16% of the fatal victims were motorcyclists, bicyclists, and pedestrians 1.
The weight difference between large trucks and passenger vehicles is significant. The average weight of a semi-truck with an empty trailer is about 35,000 lbs and can weigh around 80,000 lbs when loaded 2. On the other hand, the average weight of a passenger vehicle is just over 4,000 lbs 2. This means that occupants of standard passenger vehicles are more exposed to severe injury and damage than truckers.
As a result, truck drivers must uphold a high duty of care for others on the road 3. If you were involved in a collision with a large truck, an experienced attorney can help with your case 4.
In conclusion, truck accidents are devastating and can lead to severe injuries and fatalities. The weight difference between large trucks and passenger vehicles puts the occupants of smaller vehicles at a higher risk. Truck drivers must take extra care to ensure the safety of others on the road.
Footnotes
Why You Need a Truck Accident Lawyer in Atlanta?
Trucking accidents can be devastating, both physically and financially. If you are involved in a trucking accident, you need the assistance of an experienced Atlanta truck accident lawyer to help you navigate the legal process and ensure that you receive the compensation you deserve. Here are three critical reasons why you should hire an Atlanta truck accident lawyer:
Gathering Evidence for Your Claim
To win a truck accident settlement, you must have strong evidence to support your case. An Atlanta truck accident lawyer will gather critical evidence from your truck crash, such as police reports, photos, medical records, and witness testimonies. This evidence will help to ensure that you have a strong case that the insurance company can't deny.
| Evidence | Description |
|---|---|
| Police Reports | Provide detailed information about the accident |
| Photos | Show the damage caused by the accident |
| Medical Records | Prove the extent of your injuries |
| Witness Testimonies | Provide additional information about the accident |
Calculating Your Damages Accurately
The value of your truck accident settlement will depend on the severity of your injuries and the extent of your damages. This includes assessing the cost of medical treatment and other accident-related expenses. An Atlanta truck accident lawyer will calculate all the damages on your behalf to ensure that you get the maximum compensation possible.
Our legal team has a proven track record of case results, including:
- $6.6 million for a client struck by a tractor-trailer
- $4.9 million for a client injured in a rear-end 18-wheeler accident
- $1.5 million for a client who was sideswiped by a truck
Fighting Against the Insurance Company
Insurance companies are businesses first and foremost, and they will always try to pay out as little as possible in claims. By hiring an Atlanta truck accident lawyer, you will have someone on your side who knows how to handle insurance agents. This will give you the power to negotiate a fair settlement and ensure that you receive the compensation you deserve.
In conclusion, if you are involved in a trucking accident, it is essential to seek the assistance of an Atlanta truck accident lawyer. They will gather evidence, calculate your damages, and fight against the insurance company to ensure that you receive the compensation you deserve.
What Exactly Should You Tell Your Atlanta Truck Accident Attorney?
Your Atlanta truck accident attorney will want to know all the details of your case, so it's important to be open and honest during your initial consultation. This is the time to discuss the specifics of your case, so don't hold anything back. Remember, you and your attorney are protected by lawyer-client confidentiality, so don't be afraid to share everything.
It's crucial to be truthful, as any omitted details could potentially harm your settlement. By being honest, you are preparing your attorney to proceed with your negligence claim. If the other party brings up a detail you left out, it could cost you your entire settlement.
Common Causes of Truck Accidents
Collisions with large commercial vehicles can happen for several reasons. While the crash is mostly caused by driver error, other negligent acts may also contribute. The leading causes of accidents include:
Driver Fatigue
Fatigue and hours of service for commercial truck drivers increase the risk of traffic accidents. Long hours on the road can create a backdrop for driver fatigue or prompt the operator to engage in other dangerous behavior.
Speeding
Speeding is one of the leading causes of accidents in Georgia. In 2020, 380 speeding-related fatalities were recorded across the state. Speeding reduces the driver's reaction time and increases the likelihood of a collision.
Driver Under the Influence
According to the National Highway Traffic Safety Administration (NHTSA), 402 alcohol-impaired driving fatalities were reported in Georgia in 2020. Driving under the influence of alcohol or drugs impairs the driver's judgment, coordination, and reaction time.
Distracted Driving
Distracted driving is a leading cause of accidents in the U.S. and can include anything from texting while driving to eating behind the wheel. It takes the driver's attention away from the road, making it harder to react to sudden changes.
Improper Loading
Improper loading can cause the truck to become unstable and increase the likelihood of a rollover or jackknife accident. It's important to ensure that the cargo is loaded properly and secured before hitting the road.
Mechanical Failures
Mechanical failures can include anything from brake failure to tire blowouts. Regular maintenance and inspections can help prevent these types of accidents.
The Most Dangerous Intersections in Atlanta
Intersections are a high-risk spot for auto accidents because two or more roads converge, which can lead to added confusion. Certain driving activities, like making a right or left turn, have a higher potential to lead to a collision. An estimated 40% of all crashes in the U.S. occur at intersections. As a driver, you should take extra caution when driving at the following intersections in Atlanta:
- Covington Highway and Lithonia Road
- Briarcliff Road and North Druid Hills Road
- Butner Road and Camp Creek Parkway
- Moreland Avenue and Constitution Road
- State Road-139 and Bolton Road
Atlanta is well-renowned for bad traffic congestion and is considered one of the most dangerous cities in the U.S. to be a driver. It's important to stay alert while driving near heavy trucks so you can take evasive action in an emergency.
Who Can I Hold Responsible for a Truck Accident in Atlanta?
Truck accidents can be catastrophic and result in serious injuries or even death. If you are involved in a truck accident in Atlanta, you may be wondering who can be held responsible for the incident. In most cases, there are several at-fault parties that can be held liable for the accident. Here are the most common parties that can be held responsible:
The Truck Driver
The truck driver is the most common liable party in a truck accident. They are responsible for operating the truck, and if they engage in negligent actions on the road, they can be held responsible for any accidents they cause. Examples of negligent actions include distracted driving, driving under the influence of drugs or alcohol, and driving while fatigued. If you are involved in a truck accident caused by a negligent truck driver, you can file a claim against them.
The Trucking Company
Trucking companies have a responsibility to protect the public by hiring qualified drivers and maintaining their trucks. If evidence shows that the trucking company's hiring standards are subpar or their maintenance quality is lacking, they can be held liable for the accident. For example, if a trucking company hires a driver with a history of reckless driving or fails to maintain their trucks properly, they may be held responsible for any accidents that occur.
The Truck Manufacturer
In some cases, the trucking company or the truck driver may not be at fault for the accident. For example, the truck may have had a manufacturer defect that went unnoticed through no fault of their own. In these cases, the manufacturer can be held responsible for the accident. They must inform truck owners of any defective products and fix them. If you are involved in a truck accident caused by a manufacturing defect, you can hold the manufacturer responsible for any damages you incur.
In conclusion, if you are involved in a truck accident in Atlanta, there are several parties that can be held responsible for the incident. By understanding who can be held liable, you can take the necessary steps to file a claim and receive the compensation you deserve.
How to Get Compensated for Your Truck Accident Damages
If you've been involved in a truck accident, you may be entitled to compensation for a variety of damages. The damages that you can receive financial compensation for include lost wages, pain and suffering, mental anguish, medical expenses, property damages, vehicle repairs or replacement, loss of companionship, loss of enjoyment of life, disfigurement, or disability. Although money can't fix everything, it can provide you with the financial stability you need to recover from the accident. A skilled truck accident lawyer can help you fight for the maximum compensation you deserve, ensuring that the liable party or their insurance company doesn't pay you a meager amount for your settlement.
The Statute of Limitations for Truck Accidents in Georgia
Under OCGA §9-3-33, victims of truck accidents in Georgia have two years to file a personal injury claim. However, this is only a general timeframe, and some cases may have significantly less time. Thus, it's essential to take immediate action and not wait until the last minute to start preparing. Building a solid case takes considerable time and strong evidence. Waiting too long risks losing a significant portion of the settlement. Victims of truck accidents in Georgia should consult with an experienced attorney to ensure their rights are protected.
State and Federal Regulations for the Trucking Industry
The trucking industry is heavily regulated at both the state and federal levels to ensure safety and compliance with various standards. Violations of these regulations can result in fines, penalties, and even the suspension or revocation of a trucking company's operating authority. The following are some of the most relevant regulations that might impact a trucking case.
Hours of Service
The Federal Motor Carrier Safety Administration (FMCSA) enforces the hours of service regulations for truck drivers in the United States. These laws limit commercial big rig operators' driving time and the time they must take off between shifts. The purpose of these regulations is to prevent driver fatigue, which can increase the risk of accidents on the road. The FMCSA uses various methods to enforce these standards, including electronic logging devices (ELDs), compliance reviews, and roadside inspections.
Substance Abuse Testing
The FMCSA and the Department of Transportation (DOT) require everyone with a commercial driver's license (CDL) and their employers to respect alcohol and drug testing rules. All commercial drivers must submit to drug testing pre-employment but should also be tested after a collision. If an employer suspects an employee of abusing substances, they must test the driver.
Weight Requirements
In Georgia, state weight requirements for trucks depend on various factors, including the number of axles on the vehicle and the distance traveled. Georgia has weight restrictions for certain types of roads and bridges, and oversize or overweight permits may be required for loads exceeding the maximum weight limits.
It is important to note that following these regulations is crucial for ensuring the safe operation of commercial vehicles and preventing accidents on the road. Compliance with these regulations can help protect both the truck driver and other motorists on the road.
Truck Accident Lawsuit FAQs
If you are involved in a truck accident, it is essential to know what steps to take to protect your legal rights. Here are some frequently asked questions by truck accident victims, along with answers from experienced personal injury attorneys in Atlanta.
Can You Get a Truck’s Black Box Data After an Accident?
Accessing a truck’s black box after a crash can be challenging, but it is not impossible. However, it is crucial to act quickly, as some black boxes are designed to erase all data within 30 days. To preserve the evidence, seek immediate legal counsel. You could use an associated app on your smartphone to access the data from your vehicle. Your black box should have a retrieval tool kit and instructions on accessing the recorded data.
There are multiple ways to gain access to the black box data from another vehicle, including:
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Getting the truck owner’s consent.
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The black box data needs to be accessed for safety purposes.
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Obtaining a court order to get the black box data.
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The black box needs to be serviced, diagnosed, or repaired.
What If the Trucker Doesn’t Have Adequate Insurance?
If the liable truck driver is uninsured, you may still have legal options for financial recovery. A truck accident attorney in Atlanta, GA, will review your options and help you identify the best path to receive compensation. If the truck driver is uninsured or underinsured, you could use uninsured motorist coverage, file a claim against the at-fault driver, or file a claim against another liable party.
Should You Admit If You Were Partially Liable in a Truck Accident?
Admitting that you might have contributed to the collision is one of the biggest mistakes you could make after a truck crash. Even a seemingly harmless unintentional comment could be interpreted as an admission of guilt. Truck accident cases can be intricate, involving multiple parties, insurance companies, and complex legal procedures. Without proper legal guidance, it’s easy to make errors. An Atlanta truck accident attorney will help you avoid mistakes that could endanger the successful resolution of your case.
How Long Does It Take to Settle a Truck Accident Claim?
It is common for truck accident survivors to wonder how long a claim might take. However, the answer depends on the details of your case. For example, factors like the truck accident investigation and waiting on your medical treatment to be complete will influence the length of legal proceedings. While your truck accident lawyer will try to expedite the financial recovery process, they aim to advocate for your best interest. A quick settlement is not always the best option in the long run. Building a strong case and negotiating for fair compensation can take time.
Will You Have to Go to Court After a Truck Wreck?
Most truck accident cases do not end up in court. Your lawyer will try to negotiate with the insurance company or at-fault party for fair compensation. However, your case might go to trial if this does not yield the expected results. Your attorney will continue representing your best interest and fighting for the maximum award.
What Amount Should You Settle for After a Truck Wreck?
Since a truck accident can lead to devastating injuries and property damage, the settlement amount should cover all your accident-related losses. An attorney will calculate all your expenses and help you determine whether a settlement offer is fair. Factors that influence your truck accident settlement include the degree of fault in the crash, how many insurance companies are involved, the damages you suffered, and legal representation.
Is It Worth It to Hire a Truck Accident Lawyer?
Since truck accident cases tend to be more complex than standard personal injury cases, it is worth hiring a lawyer. Your attorney will help you navigate the complicated legal process and protect your rights. Furthermore, with legal representation, you are more likely to secure a higher award; you could receive up to 30-40% more. During our legal practice, we have witnessed that insurance companies are more willing to negotiate higher settlements if the victim has legal counsel.
Talk to Our Atlanta Truck Accident Lawyers Today
If you or a loved one has been involved in a trucking-related accident, it is important to contact an experienced Atlanta truck accident lawyer as soon as possible. John Foy & Associates have over 20 years of experience in representing injury victims involved in semi-truck crashes, rollovers, and other truck-related incidents. Their knowledgeable and confident lawyers can support and guide your case, ensuring your rights are protected. Contact John Foy & Associates today by filling out their online contact form to schedule an appointment. They are available 24/7 to assist.
Frequently Asked Questions
What steps should one take immediately following a truck accident in Atlanta?
After a truck accident in Atlanta, the first step should be to call 911 to report the accident and request medical assistance if necessary. It is also important to exchange contact and insurance information with the other driver, take photographs of the accident scene, and gather contact information from any witnesses. It is advisable to seek medical attention as soon as possible even if there are no visible injuries.
How is fault determined in a truck accident case in Georgia?
Georgia is a modified comparative negligence state, meaning that fault is determined based on the percentage of fault assigned to each party involved in the accident. If a person is found to be more than 50% at fault for the accident, they may be barred from recovering damages. A skilled Atlanta truck accident lawyer can help assess the fault of each party involved in the accident and help build a strong case for the client.
What types of compensation can one claim after a truck accident in Atlanta?
After a truck accident in Atlanta, one may be entitled to compensation for medical expenses, lost wages, property damage, pain and suffering, and other related expenses. If the accident resulted in a wrongful death, the family of the deceased may be entitled to compensation for funeral expenses, loss of companionship, and other related expenses.
How long does one have to file a truck accident lawsuit in Georgia?
In Georgia, the statute of limitations for filing a truck accident lawsuit is two years from the date of the accident. It is important to consult with an Atlanta truck accident lawyer as soon as possible to ensure that the case is filed within the statute of limitations.
What should one look for when hiring a lawyer for a truck accident case?
When hiring a lawyer for a truck accident case, one should look for a lawyer with experience handling truck accident cases, a strong track record of success, and a commitment to providing personalized attention to each client. It is also important to look for a lawyer who offers a free initial consultation and works on a contingency fee basis, meaning that they only get paid if the client recovers compensation.
How do truck accident settlements typically compare to car accident settlements?
Truck accident settlements typically involve larger amounts of compensation than car accident settlements due to the severity of injuries and damages that are often sustained in truck accidents. However, the amount of compensation that one may be entitled to after a truck accident will depend on the specific circumstances of the case. A skilled Atlanta truck accident lawyer can help assess the damages and build a strong case for maximum compensation.