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Truck Accidents
Personal injury attorneys In THE ATLANTA METRO AREA
Truck Accident Injury Lawyers in Atlanta, GA
Truck accidents in Atlanta, Georgia, often result in severe injuries and significant property damage due to the sheer size and weight of commercial trucks.If you've been involved in such an accident, understanding your legal rights and the complexities of these cases is crucial.
There’s a massive weight and size disparity between commercial trucks and commuter vehicles. It’s not uncommon for a fully loaded commercial ruck to weigh nearly 80,000 pounds, while the typical commuter vehicle weighs anywhere from 2,000 to 4,000 pounds.
Which of those vehicles do you suspect will suffer more serious damage in a crash, and which driver is more likely to suffer injuries? If you’ve been involved in a truck accident, you likely understand firsthand just how dangerous large trucks can be to other motorists on the road.
This is why truck drivers are required to obtain special licensing, adhere to strict operational guidelines and maintain large commercial liability policies. When those drivers make mistakes, other motorists, passengers or pedestrians may be catastrophically injured or even killed.
It's important that trucking companies and drivers be held to account when mistakes happen or driver negligence leads to accidents. People injured in truck crashes often need significant funds to pay for treatment and recovery. Your financial situation may be further complicated by debilitating injuries that prevent you from working.
The truck accident lawyers the Law Office of Rickard, Drew & Nix understand the stress you’re feeling. We’ve helped many people in situations similar to yours, and we know which steps to take next. Our team will work quickly to investigate your accident and begin negotiating a fair claim settlement with the insurance company. If litigation is in your best interest, we won’t hesitate to take your case to trial and fight for you in the courtroom.
Common Causes of Truck Accidents in Atlanta
Truck accidents can occur for various reasons, many of which are preventable. Common causes include:
- Driver Fatigue: Truck drivers often work long hours to meet tight delivery schedules, leading to exhaustion. Fatigued drivers have slower reaction times and may experience lapses in judgment, increasing the likelihood of accidents.
- Distracted Driving: Engaging in activities like texting, eating, or using in-cab devices diverts attention from the road, significantly increasing the risk of collisions.
- Speeding and Reckless Driving: Exceeding speed limits or driving aggressively reduces a driver's ability to react to sudden changes in traffic conditions, making accidents more likely.
- Inadequate Training: Proper training is essential for safely operating a commercial truck. Inadequate training can lead to a lack of understanding of vehicle handling, safety protocols, and regulations.
- Mechanical Failures: Issues such as brake malfunctions or tire blowouts, often due to poor maintenance, can lead to catastrophic accidents.
- Improper Loading: Overloading or improperly securing cargo can affect a truck’s balance and handling, increasing the risk of rollovers or spills.
Why Are Truck Accidents More Complicated Than Car Accidents?
Truck accident cases are often more complicated than regular car accidents due to several factors:
- Multiple Liable Parties: Liability may extend beyond the truck driver to include the trucking company, cargo loaders, maintenance providers, or vehicle manufacturers.
- Federal and State Regulations: Trucking companies and drivers must adhere to strict regulations. Violations can significantly impact the outcome of a case.
- Severe Injuries: The massive size and weight of trucks often lead to more severe injuries, necessitating comprehensive medical documentation and substantial compensation.
Truck accident injuries are often more severe, and people involved in truck accidents are more likely to suffer permanent disabilities. That means you may have both short-term and long-term medical costs that should be covered by the insurance company. Trucking companies should be covered by large commercial liability policies, which means there’s a lot more money available and the insurance company has more to lose.
Those factors give the insurance companies more motivation to aggressively dispute your claim and minimize your eventual compensation. Experienced attorneys who understand how to investigate and litigate truck accident claims are often best equipped to counter the insurance company’s tactics and reach the case resolution that’s in your best interest.
There are also some unique evidentiary challenges in truck accident cases. While there’s often more data available from onboard truck computers, driver tracking software and company records, trucking companies may not safeguard that data for your use against them. Calling a truck accident attorney as soon as possible can allow your legal team to act fast in preserving that evidence for your case.
Steps to Take After a Truck Accident
Taking appropriate actions immediately after a truck accident can significantly impact your claim:
- Ensure Safety: Move to a safe location and check for injuries.
- Contact Authorities: Report the accident to the police and obtain a copy of the accident report.
- Gather Information: Exchange details with other parties involved and collect contact information from witnesses.
- Document the Scene: Take photographs of the accident scene, vehicle damages, and any visible injuries.
- Seek Medical Attention: Even if injuries seem minor, consult a healthcare professional promptly.
- Notify Your Insurance Company: Report the accident but refrain from providing detailed statements until consulting an attorney.
- Consult a Truck Accident Lawyer: Seek legal advice to understand your rights and the best course of action.
Potential Compensation for Truck Accident Victims
Victims of truck accidents in Atlanta may be entitled to various forms of compensation, including:
- Medical Expenses: Covering both current and future medical costs related to the injury.
- Lost Wages: Reimbursement for income lost due to inability to work.
- Pain and Suffering: Compensation for physical pain and emotional distress.
- Property Damage: Costs associated with vehicle repair or replacement.
- Punitive Damages: In cases of gross negligence, additional damages may be awarded to punish the wrongdoer.
Evidentiary Challenges Facing People Injured in Truck Crashes
Disputes pertaining to fault and accident causes are common in all types of auto accident cases, including truck accident claims. One of the ways in which truck accidents are unique is the type of evidence that may be available to establish negligence or recklessness.
Data from onboard computers, driver tracking software records and trucking company records are not necessarily permanent. Although evidence that may be relevant to ongoing claims or litigation is technically supposed to be preserved, “mistakes”, including the “accidental” deletion of data, are not unheard of.
There are a few important things an experienced Atlanta truck accident lawyer can do in regard to this evidence:
- They can help identify and find it in order to bolster your case
- They can take steps (like sending a spoliation letter to the trucking company) to prevent its destruction
- They can combine data with other evidence, such as past complaints and infractions, to establish a pattern of negligent or reckless behavior
Onboard Truck Computers
Electronic control modules (ECMs) have been built into all types of vehicles for more than 20 years, but the versions in the average commuter vehicle (often just an engine control unit, or ECU) are nowhere near as complex as the ECMs in commercial trucks. The onboard computers in trucks are often referred to as black boxes because they share many similarities with the crash-proofed data-recording devices in aircraft. They can retain all types of information, including vehicle speed, brake usage, gear shifts, hours of service and diagnostic information like fault codes.
In other words, the ECM may have recorded exactly what the truck was doing when the accident occurred and even identify part defects or failures that may have contributed to the crash. If there are disputed accident narratives, the ECM can provide an unfalsifiable and clear accounting of what the driver was doing when the crash occurred.
Not all trucks have uniform ECM data sets, and the software and tools needed to access that data are often proprietary to the manufacturer. It may also take specialized skills and knowledge to accurately interpret the available data.
ECMs don’t have infinite data storage, meaning old data is overwritten with new data on a regular basis. The rate at which data is overwritten is dependent on how much the truck is driven. This makes securing the data a time-sensitive matter, especially if the truck is engaged in heavy use.
Driver Tracking Software
Most trucking companies and many businesses with fleet vehicles employ driver tracking devices and software. While this type of data is often used internally for performance tracking and enhancing driver efficiency, it can provide invaluable information after a truck accident.
Information about the driver’s behavior, the route they took and the truck’s speed and stops can provide invaluable context for truck crash claims. Was the truck driver speeding? Had they been on the road without a break for longer than is legally permissible? Driver tracking software can provide important context for truck crash investigations that may bolster the strength of your claim.
Any trucks involved in interstate commerce and any drivers who log Hours of Service (HOS) are required by federal law to have an electronic logging device (ELD). If you’re involved in a truck crash with these types of vehicles or drivers, there should be driver tracking data available. However, the companies that record the data are only required to keep the records for six months.
Although data relevant to a truck crash, litigation or an active claim should technically be kept beyond the normal six-month minimum, that doesn’t always happen without steps being taken to preserve the evidence.
Company Documentation
Most businesses have records pertaining to their operations and the job performance of employees. Trucking companies are no different. They should have driver logbooks, safety records and maintenance records for their drivers and fleet vehicles. Some evidence, like logbooks or safety records, can be used to ascertain trends or aberrations, while maintenance records could be vital if an equipment failure contributed to a truck crash.
As is the case in all types of auto accidents, the more evidence your legal team is able to compile, the better your chances of fair recovery will be. Like driver tracking records, logbooks and duty status records must be kept for at least six months. Maintenance records and inspection reports must be kept for at least 12 months.
Evidence Won’t Last Forever After a Truck Accident in Atlanta
There’s a common attribute shared by these types of truck accident evidence – they all have a shelf life. The length of time trucking companies are legally required to preserve these records is variable. The statute of limitations for bringing a truck accident claim in Georgia is two years, but waiting for two years to file will likely mean a lot of the valuable evidence has been overwritten or deleted.
Frequently Asked Questions (FAQs)
1. How long do I have to file a truck accident claim in Georgia?
In Georgia, the statute of limitations for personal injury claims resulting from truck accidents is generally two years from the date of the accident. However, certain circumstances can alter this timeframe, so it's advisable to consult with an attorney promptly.
2. What if multiple parties are at fault for the accident?
Georgia follows a modified comparative negligence rule, meaning you can still recover damages if you were less than 50% at fault. However, your compensation will be reduced by your percentage of fault.
3. How is pain and suffering calculated?
There isn't a fixed formula for calculating pain and suffering in Georgia. Factors considered include the severity of injuries, impact on daily life, and recovery duration. An experienced attorney can help assess a fair amount based on these factors.
4. Should I accept the insurance company's initial settlement offer?
Insurance companies often offer low initial settlements to minimize payouts. It's crucial to have an attorney review any offers to ensure they adequately cover all your damages before acceptance.
5. What does it cost to hire a truck accident lawyer?
Many truck accident lawyers, including our firm, operate on a contingency fee basis. This means you pay no upfront fees, and the attorney only gets paid if you recover compensation.
6. Can I handle my truck accident claim without a lawyer?
While it's possible to handle a claim without legal representation, having an experienced attorney increases the likelihood of receiving fair compensation, especially in complex cases or when dealing with uncooperative insurance companies.
7. What if the at-fault driver is uninsured or underinsured?
If the at-fault driver lacks sufficient insurance, you may still recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage if you have it. Consulting an attorney can help explore all available options to maximize your recovery.
Contact an Experienced Atlanta Truck Accident Lawyer Today
If you or a loved one has been injured in a truck accident in Atlanta, GA, navigating the legal process alone can be overwhelming. At Rickard, Drew & Nix, our dedicated team of Atlanta truck accident lawyers understands the complexities of truck accident claims and the unique challenges they present. We are committed to fighting for the maximum compensation you deserve and holding negligent parties accountable.
Don’t wait—contact us today for a free consultation. Let us help you seek justice and the financial recovery you need to rebuild your life.
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