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Truck Accident Attorneys in Georgia

Motorists in Atlanta and the surrounding area are used to seeing large commercial trucks on roads and highways. Unfortunately, it’s also not uncommon to see these vehicles involved in wrecks with other motorists. Just as the driver of a passenger vehicle can commit an act of negligence that leads to a crash, so can a truck driver.

Whether the driver of the truck is an Atlanta city public works employee or a private commercial driver, collisions between passenger vehicles and heavy trucks happen with frightening regularity. Of the 2,640 vehicles involved in fatal wrecks in 2021, about 9.3 percent involved commercial vehicles, according to the National Highway Traffic Safety Administration (NHTSA).

You and your loved ones can suffer severe, permanent injuries as a result of a Georgia truck accident. If you are in this situation, know you have a dedicated advocate and ally in Seay/Felton LLC Trial Lawyers. We are committed to your welfare and well-being — our resourceful and talented team of Georgia truck accident lawyers is here to help you recover the damages and compensation you deserve.

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Key Georgia Truck Accident Laws You Should Be Aware Of

If you’ve been involved in a truck accident, understanding the legal framework around these incidents is critical to protecting your rights. Here are some important Georgia truck accident laws that can impact your case:

Negligent Hiring and Entrustment

Trucking companies have a legal responsibility to vet their drivers thoroughly before allowing them to operate heavy vehicles on public roads. This includes reviewing the driver’s past accident history and checking their motor vehicle records. Employers should also reach out to previous employers for additional insights into a driver’s safety record.

If a company fails to perform this due diligence and hires an unqualified driver, it may be held liable if that driver causes an accident. This is known as negligent entrustment. Essentially, trucking companies must ensure they are putting responsible and well-trained drivers behind the wheel to keep everyone safe on the road.

Hours of Service Regulations

To minimize the risks associated with drowsy driving, federal laws regulate how long a truck driver can be on the road without rest. These rules are part of the Federal Motor Carrier Safety Administration’s (FMCSA) “Hours of Service” regulations. They include the following limits:

  • Truck drivers can only drive for up to 11 consecutive hours after taking 10 hours off.
  • After eight straight hours of driving, drivers must take at least a 30-minute break.
  • Drivers cannot exceed 60 hours on duty over seven days or 70 hours over eight days, with the option to reset their workweek after taking 34 consecutive hours off.

These regulations are in place to prevent overworked and fatigued truckers from creating dangerous conditions on the road. If a trucking company pressures drivers to exceed these limits, they can be held responsible for any accidents that result from driver fatigue or violation of these rules.

Top Causes of Georgia Truck Accidents

Motor vehicle accidents are frequently the result of negligence, and truck accidents in Georgia are no different. Drivers who do not exercise a reasonable amount of care endanger themselves and others on the road. The following behaviors can cause a truck accident:

Speeding and Ignoring Other Traffic Laws

Some truck companies incentivize their drivers to make deliveries as quickly as possible. Other drivers face disciplinary action if it takes too long to reach their destinations. And some truck drivers are aggressive motorists who do not think they need to follow the law.

Regardless of motivation, a trucker who does not follow the law is at an increased risk of causing a truck accident.

Driving Without Adequate Rest

Federal and state laws limit how long a trucker can be on duty. These rules were made to help ensure the driver is adequately rested before getting behind the wheel of their rig. Drivers who circumvent these rules or who drive even though they are tired may not have the judgment and reflexes necessary to avoid a crash.

Failing to Manage a Medical Condition

Unlike private drivers of passenger vehicles, commercial drivers must undergo periodic physicals. Any medical conditions that could jeopardize others’ safety must be adequately managed. Drivers who are diabetic or who forego routine medical screenings can suffer a sudden but foreseeable episode that makes them unable to drive their trucks safely.

Equipment Failures and Malfunctions

Commercial trucks accumulate hundreds of thousands of miles annually, putting considerable wear and tear on the tractor, trailers, and their components. These parts need regular inspection, maintenance, and replacement as they become worn.

Drivers and companies that put off this essential maintenance are creating an increased likelihood that their equipment will fail and lead to a wreck.

Uncovering the cause or causes of your Georgia truck accident is a crucial first step in identifying who owes you compensation for your injuries. At Seay/Felton LLC Trial Lawyers, our team’s decades of experience mean more than just knowing how to get to the bottom of your wreck quickly. We know the steps to take once the causes are identified to help you recover legal damages.

You have only a limited amount of time to pursue compensation for your injuries and losses, so contact Seay/Felton Trial Lawyers immediately.

Who Could Be Held Accountable After a Truck Accident in Atlanta?

Depending on the specifics of your case, various individuals or entities may share liability for the collision and the resulting damages. Here are some of the most common parties who could be at fault:

The Truck Driver

The truck driver is usually one of the first individuals looked at when determining responsibility. Whether they were speeding, driving while overly tired, or engaging in reckless behavior, their actions behind the wheel can directly contribute to an accident. If the truck driver was negligent in any way, they could be held liable for your injuries and losses.

The Trucking Company

Trucking companies must do more than just hire drivers—they are required to maintain their fleet and ensure drivers follow safety regulations. This includes making sure that trucks are serviced regularly, drivers are trained properly, and federal and state laws regarding hours of service are strictly followed. If a company cuts corners on safety, hires unqualified drivers, or fails to keep their trucks in good working condition, they may be legally responsible for the crash.

The Manufacturer

In some cases, the truck itself—or a specific component within it—might have a defect that causes the crash. If a mechanical failure, such as faulty brakes or steering, was due to a manufacturing defect, the company that made the truck or its parts could be held accountable. Truck manufacturers are responsible for ensuring that their vehicles are safe to operate on public roads.

Steps to Take Following a Georgia Truck Crash

A negligent truck driver has just hit you. While you are at the scene of the crash and before you have a chance to call your experienced truck accident lawyer, take the following steps to protect yourself:

  • Call 911 if you believe you or anyone else is severely hurt
  • Comply with reporting requirements by calling law enforcement if there is an injury, death, or extensive property damage
  • Cooperate with any law enforcement investigation but give only facts about the crash that you are convinced happened
  • Do not discuss fault or admit to making mistakes to either the truck driver or law enforcement
  • Rule out underlying or hidden injuries by getting a medical evaluation as quickly as you can from your doctor or the emergency room

Enlist a knowledgeable truck crash lawyer to help in filing a compensation claim. Do not settle your claim with any insurance company or trucking company without first discussing the matter with legal counsel. Hiring a lawyer helps ensure you receive the financial compensation you need and are entitled to receive.

How to Get Compensated for Your Truck Accident Damages

Following a truck accident, you may be entitled to compensation for a variety of damages, including:

  • Medical expenses
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Mental anguish
  • Property damage, including vehicle repairs or replacement
  • Loss of companionship
  • Loss of enjoyment of life
  • Disfigurement or disability

Financial compensation can provide you with the resources needed to recover from the crash, both physically and emotionally. At Seay/Felton LLC Trial Lawyers, we fight to ensure that you receive fair compensation for all of your losses.

Proven Success: Our Results Speak For Themselves

One of the key attributes of our firm is our extensive track record of achieving favorable settlements and successful case outcomes for our valued clients. We fully understand the substantial financial and emotional challenges that often accompany personal injuries. Our primary commitment is to secure the compensation essential to assist you on your path to rebuilding your life.

WE OBTAINED $4,490,000 FOR OUR CLIENT

Our client, a successful professional, suffered catastrophic injuries when her SUV was struck head-on by a large truck driven by an employee of a major asphalt company. The driver’s distraction, coupled with the company’s negligence in training, led to the accident. We secured a settlement to aid our client in her recovery.

WE OBTAINED $3,000,000 FOR OUR CLIENT

Our client sustained severe injuries when he was hit by an 18-wheel tanker truck that illegally made a left turn across a highway. We obtained a settlement to support our client’s recovery.

 

 

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Do Not Delay in Contacting Seay/Felton LLC Trial Lawyers

Your Georgia truck injury collision lawyer from Seay/Felton LLC Trial Lawyers is only a phone call away. With years of experience helping individuals hurt by large trucks in the Atlanta area, our firm’s knowledge and resources are ideally suited to help you recover damages quickly.

 

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FAQs

 

In Georgia, the statute of limitations for filing a lawsuit following a truck accident is generally two years from the date of the accident. This means that you must file your lawsuit within two years of the accident date to seek compensation for any injuries or damages caused by the truck accident. It’s crucial to be aware of this deadline as failing to file within this period can result in losing your right to sue.

 

As per Georgia state law, you have up to two years to initiate a lawsuit after a truck accident. This two-year statute of limitations applies to personal injury claims. For property damage claims, however, you have up to four years from the date of the accident to file a lawsuit. It is important to initiate legal proceedings within these time frames to ensure your case is heard and you have the opportunity to claim damages.

 

In Georgia, you can typically claim several types of damages in a truck accident lawsuit. These include economic damages such as medical expenses, lost wages, and property damage, as well as non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. In certain cases, if the truck driver’s actions were particularly reckless, punitive damages might also be pursued to punish the wrongdoer and deter similar negligent behavior in the future.

 

Liability in a truck accident can extend beyond the truck driver to include several parties. Apart from the driver, other potentially liable parties include the trucking company, the owner of the truck, the company responsible for loading the truck, and even the manufacturer of the truck or its parts if defects contributed to the accident. Determining all liable parties is crucial for a comprehensive claim, and a skilled attorney can help identify all potential sources of liability.
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