Atlanta Truck Accident Attorney Near Me | Atlanta Lawyer

6 STEPS TO TAKE AFTER A TRUCKING ACCIDENT

STEP 1:  CALL 911 IMMEDIATELY. 
If you have been involved in a trucking accident, call 911 right away.

STEP 2: SEEK MEDICAL ATTENTION.
Seek medical care as soon as first responders arrive on the accident scene. Even if you do not initially appear to be injured, be sure to see your doctor as soon as possible.

STEP 3: AVOID SPEAKING ABOUT CASE OR ADMITTING FAULT. 
Do not discuss your injury or share details about your accident claim. Stay off of social media and do not make a statement to the insurance company without first speaking to an Atlanta truck accident attorney.

STEP 4: GATHER EVIDENCE AND DOCUMENTATION.
Take photos of your injuries and the accident scene. Be sure to also retain all medical documents related to your accident and medical care, such as hospital bills, medical records, etc. This key evidence, in addition to police reports and eyewitness statements, will be used to strengthen your accident claim.

STEP 5: KEEP THE STATUTE OF LIMITATIONS IN MIND.
After your trucking accident, do not delay in pursuing legal action. Remember that the statute of limitations is two years here in Georgia, meaning that you must file your claim within two years of your trucking accident.

STEP 6: HIRE AN ATLANTA TRUCK ACCIDENT ATTORNEY.
Seek legal advice from an Atlanta accident lawyer with experience handling complex trucking accident cases. While it is possible to proceed without legal representation, keep in mind that the legal system can be very difficult to navigate. For maximum compensation, trust Ross Moore Law.

WHO CAN BE HELD RESPONSIBLE FOR A TRUCKING ACCIDENT

Trucking accidents are among the most complicated personal injury cases, largely because there are multiple contributing factors. There are also several different parties that could be liable, including the following:

The Driver

Driver negligence plays a major role in most trucking accidents. Distracted driving, speeding, aggressive/reckless driving, drunk driving, and drowsy driving are among the most common forms of negligence. Driving while drowsy or fatigued is a frequent occurrence in the trucking industry, often because drivers remain on the road for long periods of time and drive overnight without adequate sleep. With a trucking accident claim, if it can be proven that the driver violated federal and/or state trucking regulations, this could constitute fault. For example, some drivers violate Hours of Service regulations and stay on the road for too long.

The Trucking Company

The company that employs the driver could be at least partially responsible for the accident for several reasons – from failing to properly screen drivers before hiring to poor training. Setting unrealistic delivery deadlines can incentivize truckers for staying on the road too long, which is another potential reason the trucking company could be found liable. Some companies will even try to evade responsibility by claiming that the driver is an independent contractor rather than an employee, but this does not necessarily mean they meet the legal definition of this title. This is where a skilled Atlanta truck accident attorney comes in, using their knowledge of the law and industry regulations to hold the trucking company accountable.

The Cargo/Shipping Company That Loaded the Truck

Some trucking accidents occur because the truck was loaded improperly or beyond its weight limits. This can potentially cause the truck to roll over or tip on its side, especially during windy conditions. A tractor-trailer may be loaded this way because the shipping company is in a hurry to stay on schedule, or they are trying to squeeze more cargo into one load in order to save money. When a trucking accident is caused by improper loading, the cargo/shipping company could be deemed responsible.

The Party Responsible for Truck Maintenance

Semi-trucks that are in full-service typically log thousands of miles each month. This makes it absolutely essential that the vehicle is adequately maintained and stays in proper working order. Sometimes, however, there is pressure to get the trucks back out on the road, which may cause maintenance personnel to cut corners and not take the steps necessary to ensure that the vehicle is safe.

A Faulty Vehicle or Vehicle Part Provider

Some commercial trucking accidents happen because of a defective or dangerous vehicle, or a vehicle part that fails in the wrong place, at the wrong time. Examples may include brake line failures, tire blowouts, and computer dashboard malfunctions. When this occurs, it may be possible to bring a product liability claim against the manufacturer, supplier, or distributor of the faulty vehicle/vehicle part.

Damages Recoverable in Georgia Truck Accident Cases

As mentioned previously, trucking accidents can result in some of the most severe and catastrophic injuries. And when someone is injured because of the negligence of others, they deserve to be fully compensated in the form of damages.

Compensatory damages that may be available in a truck accident claim include compensation for:

• Property Damage
• Medical Costs
• Rehabilitation Expenses
• Lost Wages
• Loss of Future Earning Capacity
• Pain-and-Suffering
• Emotional Distress
• Diminished Quality of Life
• Disfigurement
• Permanent Injury
• Loss of Consortium
• Loss of Companionship, Guidance and Support
• Funeral and Burial Expenses

In some limited cases in which the actions of the party responsible for your injuries were willful or malicious, punitive damages may also be awarded. Punitive damages are meant to punish the wrongdoer and help deter them and others from committing similarly egregious actions in the future.

Georgia follows a modified comparative negligence doctrine, meaning that an injured party can still recover damages even if they are partially to blame for the accident, as long as they are less than 50% at fault. However, if you are found to be partially responsible for the accident, your damage award will be reduced in proportion to the percentage of fault you share. For example, if your total damages are equal to $250,000 and you are found to be 20% at fault, your damages would be reduced by $50,000 down to a total of $200,000.

GEORGIA STATUTE OF LIMITATIONS FOR TRUCKING ACCIDENTS

2 YEARS

The statute of limitations here in Georgia is two years, meaning that accident victims have up to two years from the date of their car crash to file an accident claim. If you fail to file within that time period, your case will most likely be dismissed.

An exception exists if a fatal accident victim’s family would like to file a wrongful death claim. In this case, they would have up to 2 years after the date of the victim’s death to file a lawsuit.

TRUCKING ACCIDENT STATISTICS

According to the National Highway Traffic Safety Administration, large trucks account for approximately 9% of all fatal crashes and 3% of all injury and property-related crashes. This may seem like a small amount, but consider that in 2017, 4,761 people were killed in big rig collisions, while 84,000 people were injured. Also, truck accidents tend to involve multiple-vehicle crashes: 82% of fatal trucking accidents involve multiple vehicles, compared with 62% for fatal passenger vehicle accidents.

COMMON TYPES OF TRUCKING ACCIDENTS

Although no two trucking accidents are exactly the same, these are the most common types that occur on Georgia roadways:

• Rollovers: Truck rolls onto its side or top, often after driving off the road or falling into a ditch
• Rear-end: Truck hits a vehicle from behind, often because the driver failed to brake on time
• T-bone: Truck strikes another vehicle from the side, usually after running a red light or a stop sign
• Jackknife: Truck folds back onto itself, often when trying to turn around or make a U-turn
• Wide turn accidents: Trucker miscalculates a turn and pins the car next to them against the curb or another vehicle
• Blind spot accidents: Truck fails to properly check blind spots when merging or turning

COMMON TRUCKING ACCIDENT INJURIES

Injuries can range from minor to severe, but given the size and weight of commercial trucks, injuries often fall on the more serious end of the spectrum. Common injuries include:

• Brain injuries
• Back injuries
• Loss of limbs/amputations
• Burns and death by fire
• Fatal truck crashes

In addition to serious injuries, trucking accidents may result in fatalities. Remember, collisions involving commercial trucks have a higher fatality rate.

COMMON CAUSES OF TRUCK ACCIDENTS

A driver’s failure to follow the safety regulations and federal laws governing the industry may result in a dangerous trucking accident. Negligent behaviors include:

• Speeding
• Driving while under the influence of alcohol or drugs
• Failure to check blind spots before merging or changing lanes
• Insufficient screening or training
• Inadequate inspections and vehicle maintenance
• Defective equipment
• Driving while fatigued
• Planning unsafe driving routes through steep inclines, inclement conditions, etc.

FAQS | COMMON ATLANTA TRUCKING ACCIDENT QUESTIONS

How much is my truck accident worth?

Each trucking accident is unique, requiring a customized approach. There are many factors involved in determining your case’s value, so it is impossible to provide an estimate without first learning more about your trucking accident. Depending on your situation, you may be eligible for compensation for the following:

• Medical expenses
• Vehicle damage
• Lost wages and loss of earning potential
• Loss of consortium
• Pain and suffering

Schedule your free consultation with an Atlanta truck accident attorney to find out which types of compensation you are entitled to.

How much does a truck accident lawyer cost?

Here at Ross Moore Law, our Atlanta accident lawyers work on a contingency basis. That means that you don’t owe us anything unless we win your case. Plus, your initial consultation is completely free!

Is Georgia an at fault or no-fault state? What Does Being in an At Fault State Mean? 

The state of Georgia is a Fault state, meaning that a responsible party must be determined following a trucking accident. The at-fault driver will then be held responsible (first through their own insurance) for both personal injury and property damages resulting from the accident.

How is fault determined in a truck accident?

Determining fault in your trucking accident case can be tricky, especially if more than one party is to blame. To prove liability, your Atlanta truck accident attorney will conduct a thorough investigation, reviewing eyewitness testimony, the truck’s black box data, medical records, police reports and more. We will also look into the truck driver’s hiring and training, and check logs to find out how many hours they had been working before the accident. The truck’s condition may also play a role in determining fault.

Who is liable in a truck accident – the driver or the trucking company?

Both parties may be held liable, depending on circumstances surrounding the accident. Keep in mind that the trucking accident will do all it can to avoid damage to its reputation, sometimes even claiming that the driver is not an employee but an independent contractor. Because determining fault can be very complex, it is best to entrust your case to an experienced Atlanta accident lawyer.

Will The Trucking Company Help Me in My Trucking Accident Case?

No, the trucking company’s main focus is protecting itself. Their team of industry experts and attorneys will immediately begin crafting their defense. Because they are not on your side, do not speak to the trucking company or their insurance company without first consulting your Atlanta accident lawyer.

What happens if the government owns the truck in my trucking accident?

Some government entities own and operate commercial vehicles for municipal purposes, such as garbage trucks. If you are involved in an accident with a government-owned truck, be sure to seek legal representation quickly. The statute of limitations may be shorter in these instances.

What types of compensation can be recovered through a Georgia trucking accident claim?

Compensation available in a trucking accident case can be broken into two general categories: economic damages and noneconomic damages. Economic damages are direct monetary losses that the victim incurs, such as compensation for medical bills, lost earnings, property damage, and funeral and burial costs. Noneconomic damages are for losses that are real but intangible, such as physical pain-and-suffering, emotional distress, diminished quality of life, disfigurement, and permanent injury.

In some limited cases, another category of damages may apply, known as punitive or exemplary damages. Punitive damages are not meant to compensate the victim, but are intended to punish the wrongdoer and prevent a similar accident from occurring.

Should I simply accept the insurance settlement offered after a trucking accident?

No. Many accident victims settle for less than they deserve, wrongly assuming that they have to take the first offer presented by the insurance company. But it is important to remember that the insurance company is not on your side and will offer the minimum payout to save money. That is why it is crucial to hire an Atlanta trucking accident attorney to negotiate on your behalf, ensuring you receive a fair settlement for your accident injuries.

Does the State of Georgia enforce damage caps for personal injury claims?

In 2010, the Georgia Supreme Court ruled against damage caps for personal injury claims. That means that there is no limit to the compensation that can be recovered. However, there is a cap of $250,000 on punitive damages.

Can I still recover damages even if I am partially at fault for a trucking accident?

In Georgia, you may still be eligible for compensation under the state’s modified comparative negligence law. This law allows accident victims to recover damages as long as they are less than 50% at fault. However, any damage awarded is reduced in proportion to the percentage of fault.

Is there a deadline for filing a trucking accident lawsuit? 

Yes, the Georgia statute of limitations is two years – which means you have two years from the date of your trucking accident to file a claim. Failure to meet this deadline disqualifies victims from receiving the compensation they deserve.

How long does it take to settle a trucking accident case In Georgia?

The length of a truck accident settlement depends on the length of your medical treatment. Faster treatment typically leads to faster settlements. However, settlement agreements can be delayed by other factors like the insurance company or lawyer’s involvement, disputes over who is at fault, and the insured’s policy limit.

What makes tractor trailers so dangerous?

Tractor trailers are particularly dangerous because of their size and weight. These vehicles may weigh more than 16 times the average passenger car, and are 53 feet long on average. This makes tractor-trailers difficult to maneuver and stop, especially at high speeds or unsafe weather conditions.

Discover More Truck Accident Questions

Ross Moore Law Trucking Accident Case Results

$600,000.00 | TRUCK ACCIDENT 

Disputed liability case filed in Fulton State court against brown trucking company. Client had a torn rotator cuff injury (shoulder). We walked from mediation with a half a million dollars on the table threatening trial. They later offered the full amount we demanded.

 

$30,000.00 | TRUCK ACCIDENT 

Boyfriend/girlfriend clients each received $15,000.00 when a moving truck reversed into their car while sitting in a parking lot.

Learn More on Ross Moore Case Results

BLOG | DISCOVER MORE ON PERSONAL INJURY TOPICS

Looking for more information about personal injury cases in Georgia? Our Atlanta attorney answers common questions in our latest personal injury blog articles:

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The Tricks of Insurance Adjusters
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Other Practice Areas: 

Car Accident
Boating Accident
Motorcycle Accident
Catastrophic Injury
Wrongful Death

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ABOUT ATLANTA, GEORGIA

Founded in 1837, our diverse city boasts a fascinating history. Atlanta has triumphed over incredible hardship, starting with its rebuilding after being burned to the ground by General Sherman in 1864. That is why the phoenix emerged as the city’s symbol, representing the people’s strength and resilience even today.

Atlanta was named the Peach State’s capital shortly after its rebuilding in 1868, the fifth city to earn the title. It remains the capital today, now home to over half a million residents. Our vibrant city features in history books for the pivotal role it played in the Civil Rights Movement, with inspiring leaders pursuing progress at all costs. Atlanta continues to embrace diversity through its unique arts and culture scene. Atlanta is also known for Hartsfield-Jackson Atlanta International Airport, the “the world’s busiest airport!” Our beautiful city is like none other, and our Atlanta truck accidents attorneys couldn’t be prouder to serve the families who call it home.

TRUSTED RESOURCES IN THE ATLANTA AREA – FULTON COUNTY: 

If injured in Atlanta, you’re in good hands. Atlanta, GA offers some of the best medical professionals to support you back to good health. Plus, we offer a diverse legal system and investigators ready to protect you in Fulton County. Plus, their diligence only strengthens your legal case.

Here are some helpful resources for accident injury victims in Atlanta, GA:

Atlanta Hospitals

Children’s Healthcare of Atlanta – Egleston Hospital
1405 Clifton Rd NE, Atlanta, GA 30322

East Point VA Clinic
1513 Cleveland Ave #300, Atlanta, GA 30344

Emory University Hospital Midtown
550 Peachtree St NE, Atlanta, GA 30308

Grady Health System
80 Jesse Hill Jr Dr SE, Atlanta, GA 30303

Northside Hospital Atlanta
1000 Johnson Ferry Rd NE, Atlanta, GA 30342

Piedmont Atlanta
1968 Peachtree Rd NW, Atlanta, GA 30309

Select Specialty Hospital – South Atlanta Medical Center
1170 Cleveland Avenue 4th Floor, Atlanta, East Point, GA 30344

Wellstar Atlanta Medical Center
303 Parkway Dr NE, Atlanta, GA 30312

Wellstar Atlanta Medical Center South
1170 Cleveland Ave, Atlanta, GA 30344

Atlanta Police Stations/Departments

Atlanta Police Department Headquarters
226 Peachtree St, Atlanta, Georgia 30303

Atlanta Police Department Zone 1
2315 Donald Lee Hollowell Pkwy NW, Atlanta, GA 30318

Atlanta Police Department Zone 2
3120 Maple Dr NE #300, Atlanta, GA 30305

Atlanta Police Department Zone 3
880 Cherokee Ave SE, Atlanta, GA 30315

Atlanta Police Department Zone 4
1125 Cascade Cir SW, Atlanta, GA 30311

Atlanta Police Department Zone 5
200 Ted Turner Dr NW, Atlanta, GA 30303

Atlanta Police Department Zone 6
2025 Hosea L Williams Dr NE, Atlanta, GA 30317

Atlanta Courthouses

Atlanta City Court
150 Garnett St SW, Atlanta, GA 30303

Fulton County Civil Court
185 Central Ave SW, Atlanta, GA 30303

Fulton County Courthouse
136 Pryor St SW, Atlanta, GA 30303

Magistrate Court of Fulton County
185 Central Ave SW, Atlanta, GA 30303

Municipal Court of Atlanta
150 Garnett St SW, Atlanta, GA 30303

Supreme Court Clerk
244 Washington St SW UNIT -5, Atlanta, GA 30334

Superior Court
2 M.L.K. Jr Dr SE, Atlanta, GA 30334