Truck Accidents

After a devastating truck accident, getting back on your feet is overwhelming. Our skilled lawyers understand the complexities of truck accident cases and will fight for the justice you deserve. Start your free case review today.

TRUCKING ACCIDENTS ATTORNEYS IN
AUSTELL, GEORGIA

Commercial Motor Vehicles, Tractor-Trailer, and 18-wheeler Accidents

Commercial Trucks or 18-wheelers, as they are sometimes referred to, can weigh in excess of 80,000 lbs. That is 40 tons. The average full-size car or pickup truck weighs about around 5,000 lbs. That means that a tractor-trailer weighs more than 16 times as much as the average passenger vehicle.

When a commercial truck or tractor trailer collides with a passenger vehicle, the consequences are devastating. Serious and fatal injuries to drivers and passengers who are in the smaller passenger vehicles are likely due to the enormous difference in weight and size. It is simple physics. The passengers in the smaller vehicles are at a severe disadvantage if a crash or collision occurs.

Because commercial motor vehicles weigh so much more and are so much larger than regular cars and trucks, drivers are required to hold special Commercial Driver’s License Endorsements and the vehicles themselves are subject to extensive state and federal regulations.

If you or a loved one has been injured in a collision with a commercial vehicle contact our law firm for a free case evaluation. We have extensive knowledge and experience in dealing with the commercial vehicle and trucking industry and we will act quickly to make sure that evidence is preserved. We have achieved multi-million-dollar results on many commercial vehicle cases all over the state of Georgia.

There are specific laws and regulations that apply to cases involving commercial motor vehicles. You may think of a commercial motor vehicle as an 18-wheeler or a tractor-trailer, but what many people do not know is that there are many types of commercial motor vehicles.

According to the Georgia Department of Public Safety- Vehicles with a GVWR (Gross Vehicle Weight Rating) of 10,001 lbs. or more used as part of a business (including a non-profit organization) are considered commercial motor vehicles for purposes of most of the safety regulations. This applies to:

Drivers of commercial motor vehicles are obligated to follow and to abide by federal safety regulations and other specific state laws. If they fail to follow the federal or state regulations, accidents and injuries can result.

The Federal Motor Carrier Safety Administration has a Regulatory Guidance section on their website. http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.asp?section_type=A

Causes of accidents can include:

Other Common violations include:

Multiple factors can contribute to the cause of a trucking accident. An accident involving a commercial truck needs to be handled differently than those involving two passenger cars. The trucking company will act quickly and will likely have investigators and even lawyers come to the scene of the accident the day of the collision.

It is important that your attorneys act quickly to make sure that your rights and evidence related to the case are protected. At Starrett & Harris Law, we do not rely solely on the police investigation. We send our own accident response team out to preserve evidence by doing the following:

Acting quickly can mean the difference between a quick settlement for millions of dollars versus years of litigation and waiting for trial.

We recently had a case where liability (the cause of the accident/ collision) was disputed by opposing counsel and the insurance adjuster for the commercial vehicle.

By getting to the scene as soon as we were hired, we were able to locate a nearby security camera on the gas station nearby that caught the whole collision on camera. These security cameras are often overwritten after several days and crucial evidence could have been lost forever if not for our quick response.

If you are injured in an accident involving a commercial vehicle or truck, your primary concern should be your full recovery. You should be able to seek good medical care and not have to worry about who will pay the medical bills. We will work to hold the at fault company accountable and to get you the compensation you deserve to cover all of your medical bills, lost wages from work, rehabilitation, and other expenses.

Truck and Commercial Vehicle Accident FAQs:

We will seek damages for:

  • Pain and Suffering

  • Past and future medical care including:

    • Emergency Room and Hospital Bills

    • Doctor and Specialists Bills

    • Orthopedic and Surgical Expenses

    • Rehabilitation and care

  • Permanent disability

  • Lost Wages or lost time from work

  • Loss of enjoyment of life

The company who owns the vehicle is responsible for the actions of their driver if the driver was acting within the scope of his employment at the time of the accident.

The law in Georgia allows you to pursue the Company or Employer of the at fault driver under the doctrine of respondeat superior. The doctrine of respondeat Superior says that an employer can be held liable for negligent acts committed by its employees while they were within the “course and scope” of their employment. O.C.G.A. § 51-2-2.

We recommend never talking directly with the insurance company without having legal representation. First, they will record the phone call and any statements you may make and will later use those statements against your interest to reduce their responsibility or to reduce the value of your claim.

Without an attorney, the insurance company will offer you minimal value to try to settle your claim that will most likely be insufficient to cover your loss and will most certainly be less than the amount of money they would pay if you had competent legal representation.

Every commercial truck accident case is different. Whether it involves a tractor-trailer, 18-wheeler, semi-truck, small box truck, cargo van, or any other commercially used vehicle.

The value of your claim will be determined by a multitude of factors including:

  • They type, nature, and extent of your injuries

  • The amount of your medical bills

  • The financial losses involved

  • Whether or not the injuries are permanent

  • Permanent disabilities

  • Whether or not the at fault driver was under the influence of alcohol or drugs

  • Whether or not the at fault driver was acting recklessly

  • Whether the at fault driver was violating federal regulations or any laws at the time of the accident.

Every case has a statute of limitations which is the amount of time you have before you lose the right to pursue your claim or file a lawsuit in court.

The statute of limitations in Georgia the statute of limitations for a commercial vehicle or truck accident lawsuit is typically two years from the date of the accident.

O.C.G.A. § 9-3-33

Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.

In other words, you must file your claim withing two years of the date of the accident. If the statute of limitations runs out, you may lose the right to pursue your claim.

In some cases, such as cases dealing with government entities, you may have even less than 2 years. For instance, if the vehicle was owned by a city or municipal government, you must serve them with an anti-litem notice within six months!

If it is a state or county government agency, you have 12 months to serve them with an anti-litem notice.

While there are some limited exceptions to the statue of limitations, such as for injuries to a minor, you do not want to have to rely on exceptions to the rule.

It is best to contact an attorney quickly after being involved in an accident with a commercial vehicle to protect your rights.

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FAQ

Insurance companies prioritize their bottom line, not your well-being. Their initial offer might seem tempting, but it likely won’t cover the full extent of your damages, both current and future. An experienced lawyer will ensure your rights are protected and fight for the maximum compensation you deserve.

The sooner, the better. Evidence can fade over time, and witness accounts become less reliable. A lawyer can start building your case immediately, maximizing your chances of a successful outcome.

Beyond immediate medical bills, you may be entitled to compensation for lost wages, pain and suffering, emotional distress, rehabilitation costs, and future medical expenses. A thorough investigation conducted by your lawyer will uncover the full scope of your damages.

Unfortunately, there’s no one-size-fits-all answer. The complexity of your case, severity of injuries, and cooperation of involved parties all play a role. However, we’ll work diligently to resolve your case as quickly and efficiently as possible, while ensuring a fair outcome.

Everything matters! Keep copies of police reports, medical bills, receipts for related expenses, photographs of the accident scene and your injuries, and any witness statements you can gather. This documentation will be crucial when building your case.

Many personal injury lawyers work on a contingency fee basis. This means you don’t pay anything upfront, and our fees are only collected if we win your case.