Experienced Georgia Truck Accident Attorneys
Georgia Truck Accident Lawyer
Find out why we have some of the best truck accident lawyers in Georgia
Georgia Truck Accident Attorney
Did you know Georgia had one hundred and ninety-two fatal crashes involving large trucks in 2016, two hundred and seven in 2017, one hundred seventy-nine in 2018, and one hundred and eighty in 2019? [1] Due to Georgia’s high traffic volume, there is an increased risk of accidents involving commercial trucks. These accidents can result in significant damages, injuries, and even fatalities.
Have you been involved in a truck accident in Georgia? With our expertise and dedication, we will work tirelessly to ensure that you receive the justice you seek and the financial compensation you need to recover.
Contact our Georgia truck accident attorneys today for a free consultation.
Types of Truck Accidents in Georgia
Some common types of truck accidents in Georgia include:
- Rear-end Collisions: These accidents occur when a truck crashes into the rear end of another vehicle. Rear-end collisions can occur due to factors such as driver distraction, fatigue, or failure to maintain a proper following distance. Injuries in these accidents can range from minor whiplash to more severe injuries.
- Jackknife Accidents: Jackknifing happens when the trailer of a truck swings out to the side, forming an angle with the cab of the truck. This can occur due to sudden or excessive braking, speeding, or adverse weather conditions. Jackknife accidents can result in multiple collisions involving other vehicles or even rollovers.
- Rollover Accidents: Rollovers happen when a truck tips over onto its side or roof. These accidents can occur due to factors like speeding, improper cargo loading, sharp turns, or unfavorable road conditions. Rollover accidents can lead to severe injuries or fatalities for both truck occupants and other vehicles involved.
- Underride Accidents: Underride accidents occur when a smaller vehicle collides with the rear or side of a truck and ends up wedging underneath it. These accidents can happen due to poor visibility, driver negligence, or inadequate underride guard protection on the truck. Underride accidents often result in catastrophic injuries or fatalities for the occupants of the smaller vehicle.
- Wide Turn Accidents: When a truck makes a wide turn, it can intrude into adjacent lanes, increasing the risk of collisions with other vehicles. Failure to use proper signals or misjudging the turning radius are common causes of wide turn accidents.
- Lost Load Accidents: When cargo is not properly secured on a truck, it can shift or fall off, potentially causing accidents. These accidents can occur if the cargo is overloaded, improperly balanced, or secured with inadequate restraints. Flying debris from a lost load can pose dangers to other vehicles on the road.
- T-bone Collisions: Also known as side-impact collisions, T-bone accidents happen when the front of a truck collides with the side of another vehicle, forming a T shape. These accidents often occur at intersections or when a truck fails to yield the right of way.
- Head-on Collisions: Head-on collisions involve a truck crashing into the front of another vehicle while traveling in opposite directions. These accidents can occur due to sudden swerving, driver distraction, impaired driving, or wrong-way driving.
- Runaway Trailer Accidents: In some cases, the trailer of a truck can disconnect from the cab and continue moving independently, leading to a runaway trailer accident. This can happen due to faulty equipment, improper hitching, or driver error. Runaway trailer accidents can cause significant damage and injuries if the trailer collides with other vehicles or property.
- Brake Failure Accidents: Brake failure can occur if a truck’s brakes malfunction due to lack of maintenance, defective parts, or overloading. When a truck driver cannot stop or slow down properly, it can lead to rear-end collisions or other accidents.
- Tire Blowout Accidents: When a truck’s tire suddenly bursts or loses air pressure, it can result in a tire blowout accident. This can cause the driver to lose control, leading to rollovers, collisions, or other dangerous situations.
What Are the Causes of Truck Accidents in Georgia?
There are several causes of truck accidents in Georgia, including:
- Driver Fatigue: Truck drivers often work long hours and may not get enough rest, leading to drowsy driving. This can impair their ability to react quickly and make sound judgments on the road.
- Speeding: Driving too fast for road conditions increases the risk of accidents. Trucks require longer stopping distances, so speeding can make it difficult to slow down or stop in time to avoid a collision.
- Distracted Driving: Truck drivers may be distracted by their phones, GPS devices, or other distractions while driving. This can take their attention away from the road and increase the likelihood of an accident.
- Driving Under the Influence: Drugs or alcohol use while driving impairs the ability to operate the vehicle safely. Driving under the influence of substances can lead to slower reaction times, impaired judgment, and decreased coordination.
- Lack of training/experience: Inexperienced or poorly trained truck drivers may not have the necessary skills to handle different driving situations. They may make mistakes or not know how to properly navigate obstacles, increasing the risk of accidents.
- Improper Loading: If a truck is not loaded properly, it can lead to shifting cargo, which can cause the truck to become imbalanced or sway. This can make it difficult for the driver to maintain control of the vehicle.
- Equipment Failure: Equipment failures, such as faulty brakes, tire blowouts, or steering malfunctions, can cause a truck driver to lose control of their vehicle. Poorly maintained trucks are more likely to experience mechanical failures, putting both the driver and other motorists at risk.
- Adverse Weather Conditions: Poor weather conditions, such as rain, fog, or ice, can make driving more challenging for truck drivers. Reduced visibility and slippery roads can increase the risk of accidents if truck drivers do not adjust their driving behaviors accordingly.
- Aggressive Driving: Some truck drivers may engage in aggressive behaviors, such as tailgating, changing lanes abruptly, or driving recklessly. These actions can increase the likelihood of accidents, especially when combined with the size and weight of a truck.
- Failure to Follow Traffic Rules: Truck drivers who fail to adhere to traffic laws, such as running red lights or stop signs, not yielding the right of way, or improper lane changes, can cause accidents.
What Are Some Common Types of Injuries in Truck Accidents in Georgia?
Truck accidents are a big problem in Georgia, with serious consequences due to their size and force. Some of the injuries our law firm has seen include:
- Amputations
- Burn Injuries
- Dental Injuries
- Emotional Trauma
- Fractures and Broken Bones
- Internal Injuries
- Lacerations and Contusions
- Neck and Back Injuries
- Nerve Damage
- Spinal Cord Injuries
- Traumatic Brain Injuries (TBIs)
- Whiplash
Truck Accidents in Georgia and Wrongful Death Claims
An unexpected death can occur as a result of a truck accident. When a person is killed in a truck accident due to the negligence or misconduct of another party, such as the truck driver, trucking company, or another involved party, it may give rise to a wrongful death claim.
If you are a surviving family member or the personal representative of the deceased person’s estate, you can file a wrongful death lawsuit on behalf of the deceased. The purpose of a wrongful death claim is to seek compensation for funeral costs, burial costs, lost income to the household, and other losses that occur as a result of your loved one’s death.
Types of Damages Available for Truck Crash Victims in Georgia
In Georgia, truck crash victims may be eligible to receive various types of damages, which are monetary compensations meant to assist them in recovering from the accident and its consequences. These damages include:
- Medical Expenses: Truck crash victims can seek compensation for their current and future medical expenses related to the accident, including hospital bills, surgeries, rehabilitation, therapy, and medication.
- Lost Wages: If you are unable to work due to the accident, you can claim compensation for lost wages. Additionally, if the injuries sustained result in a diminished earning capacity, you may be entitled to compensation for future lost income.
- Pain and Suffering: Victims can receive compensation for the physical and emotional pain and suffering resulting from the truck crash. This can include the trauma experienced during the accident, ongoing pain, emotional distress, and mental anguish.
- Property Damage: Compensation can be sought for the repair or replacement of property damaged in the truck crash, such as the victim’s vehicle or personal belongings.
- Loss of Consortium: If the truck crash causes a loss of companionship or affects the victim’s relationship negatively, they may be entitled to compensation for the loss of the benefits of marital companionship.
- Punitive Damages: In some cases, if the truck driver or trucking company’s conduct is deemed malicious, intentional, or highly reckless, the victim may be awarded punitive damages. These damages are meant to punish the wrongdoer and deter others from engaging in similar behavior.
Table of Contents
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Georgia Truck Accident Attorney
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Types of Truck Accidents in Georgia
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What Are the Causes of Truck Accidents in Georgia?
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What Are Some Common Types of Injuries in Truck Accidents in Georgia?
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Truck Accidents in Georgia and Wrongful Death Claims
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Types of Damages Available for Truck Crash Victims in Georgia
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Who Can Be Held Liable For a Truck Accident in Georgia?
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What To Do After a Truck Collision in Georgia
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Statute of Limitations to File a Truck Accident in Georgia
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Deceptive Practices Employed by Commercial Drivers and Trucking Companies in Georgia
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How Goldberg & Loren Can Help With Your Georgia Truck Accident Claim
Georgia Practice Areas
Who Can Be Held Liable For a Truck Accident in Georgia?
In Georgia, various parties can potentially be liable for a truck accident, depending on the incident’s circumstances. These parties may include:
- Truck Diver: If the driver was negligent or violated traffic laws, they can be held responsible for the accident. Negligent behavior may include speeding, distracted driving, driving under the influence of drugs or alcohol, or failing to follow safety regulations.
- Trucking Company: The trucking company can be held liable if they were negligent in their hiring, training, supervision, or maintenance practices. This could include hiring drivers with a history of violations, failing to properly train drivers, or not adequately maintaining their vehicles.
- Vehicle Owner: The owner of the truck can potentially be held liable if they allowed someone to operate the truck without the necessary qualifications, or if they failed to maintain the vehicle properly.
- Truck Manufacturer: If a defect in the truck’s design or manufacturing caused the accident, the manufacturer may be held responsible. This could include issues with brakes, tires, steering systems, or other equipment.
- Cargo Loaders: If improperly loaded or secured cargo contributed to the accident, the company or individuals responsible for loading the cargo could be held liable.
- Government Entities: In some cases, if the accident was caused by a road defect or inadequate signage, the government entity responsible for maintaining the road may be held liable.
What To Do After a Truck Collision in Georgia
After a truck collision in Georgia, there are actions you can take to protect your health and your potential legal claim.
- Check for Injuries: First and foremost, check yourself and others involved in the accident for any injuries. If there are any serious injuries, call 911 immediately to request medical assistance.
- Move to a Safe Location: If possible, move your vehicle to the side of the road or a safe location to avoid further accidents or obstacles.
- Contact the Police: Regardless of the accident’s severity, call the police to report the collision. They will document the incident and create an accident report, which will be important for insurance claims and legal purposes.
- Exchange Information: Exchange contact and insurance information with all parties involved in the accident. Record the names, addresses, phone numbers, driver’s license numbers, and insurance details of the truck driver and any other drivers involved.
- Document the Scene: Have someone take photos or videos of the accident scene, including the damage to vehicles, skid marks, road conditions, and other relevant details. This visual evidence can be helpful during the claims process.
- Gather Witness Statements: If there were any witnesses to the accident, obtain their contact information and ask for their statements regarding what they saw. Their testimonies can support your claim and provide additional evidence.
- Do Not Admit Fault: Avoid admitting fault or assuming blame for the accident, as this can impact any legal proceedings or insurance claims. Stick to the facts and let the authorities and insurance companies determine liability.
- Seek Medical Attention: Even if you do not immediately feel injured, get a thorough medical evaluation after the accident. Some injuries, such as whiplash or internal injuries, may not show immediate symptoms.
- Notify Your Insurance Company: Report the accident to your insurance company immediately. Provide them with all the necessary information and documents relating to the collision.
- Consult with Our Attorney: If the accident resulted in significant damage, injuries, or complications, consult with our Georgia personal injury attorney. Our attorney can help protect your rights, navigate the legal process, and help you receive fair compensation.
Statute of Limitations to File a Truck Accident in Georgia
In Georgia, the Statute of Limitations for filing a personal injury claim related to a truck accident is generally two years from the date of the accident. This means that injured parties have two years to file a lawsuit seeking compensation for their injuries.
If the claim is not filed within this period, it is likely to be barred by the Statute of Limitations, and the injured party may no longer be able to pursue legal action for their injuries. Other Statutes include:
- Wrongful Death Claims: In cases where a truck accident results in the death of a person, the Statute of Limitations for filing a wrongful death claim in Georgia is generally two years as well. However, there are certain exceptions and specific rules regarding wrongful death claims, so it is essential to consult with an attorney experienced in wrongful death cases to ensure compliance with all legal requirements.
- Discovery Rule: Georgia follows the “discovery rule” for some cases, which delays the start of the Statute of Limitations until the injury is discovered or should have been reasonably discovered. It’s advisable to file a claim promptly to avoid any disputes about when the injury was discovered, despite the application of the discovery rule.
Failing to file within the specified time frame can lead to a case being dismissed. Contact our personal injury attorney in Georgia promptly after a truck accident to determine if exceptions apply to the deadlines for filing a claim in your specific situation.
Deceptive Practices Employed by Commercial Drivers and Trucking Companies in Georgia
There are several unfair practices that truck drivers and companies may engage in in Georgia. Some of the common ones include:
- Violating Hours of Service (HOS) Regulations: Truck drivers may often exceed the maximum number of driving hours allowed by law. This not only puts their own safety at risk but also endangers other road users.
- Negligent Hiring: Trucking companies may sometimes fail to adequately screen and train their drivers. This can result in hiring inexperienced or unqualified drivers who may pose a risk to themselves and others on the road.
- Failure to Maintain Vehicles: Trucking companies have a responsibility to properly maintain their vehicles, ensuring they are in safe and roadworthy condition. However, some companies may neglect maintenance, which can lead to accidents due to faulty brakes, tires, or other mechanical issues.
How Goldberg & Loren Can Help With Your Georgia Truck Accident Claim
Goldberg & Loren is a law firm that has 30+ years of experience working on truck accident claims. Here’s how we can help with your truck accident claim:
- Investigation and Evidence Gathering: We will conduct a thorough investigation into the accident to gather all the necessary evidence. This may include collecting police reports, interviewing witnesses, examining the accident scene, reviewing electronic data from the truck’s black box, and obtaining the truck driver’s logbooks and employment records.
- Determining Liability: Establishing liability in truck accidents can be complex, as multiple parties may be responsible, including the truck driver, trucking company, maintenance provider, or even the manufacturer of faulty parts. Our truck accident lawyers will gather evidence to determine who is at fault for the accident and pursue a claim against them.
- Negotiating with Insurance Companies: Dealing with insurance companies can be challenging, as they often try to minimize payouts or deny claims altogether. Our truck accident attorneys have extensive experience negotiating with insurance companies and will work to ensure you receive fair compensation for your injuries, medical expenses, lost wages, pain, and suffering.
- Litigation and Courtroom Representation: If a fair settlement cannot be reached through negotiation, Our truck accident lawyers are prepared to take your case to court. We will provide strong courtroom representation, presenting a compelling argument to maximize your chances of a successful outcome.
- Support and Guidance Throughout the Process: We understand that truck accidents can be traumatic and overwhelming. Our legal team will will provide you with personalized support and guidance throughout the legal process, keeping you informed and advocating for your rights every step of the way.
- Maximizing Your Compensation: We will work diligently to ensure you receive the maximum compensation possible. This may include damages for medical expenses, lost wages, pain and suffering, future medical care, rehabilitation costs, and any other losses you have suffered as a result of the truck accident.
If you have been injured in a recent truck accident, book a free consultation with our truck accident lawyers in Georgia today!
Sources:
[1] Trends Table 30. Fatal Crashes Involving Large Trucks by State, 2009-2019. (n.d.). FMCSA. https://www.fmcsa.dot.gov/safety/data-and-statistics/trends-table-30-fatal-crashes-involving-large-trucks-state-2009-2019
[2] 2020 Georgia Code :: Title 9 – Civil Practice :: Chapter 3 – Limitations of Actions :: Article 2 – Specific Periods of Limitation :: § 9-3-33. Injuries to the Person; Injuries to Reputation; Loss of Consortium; Exception. (n.d.-e). Justia Law. https://law.justia.com/codes/georgia/2020/title-9/chapter-3/article-2/section-9-3-33/
Goldberg & Loren Personal Injury Attorneys
Georgia
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