We Have The Experience To Address Complicated Truck Accident Cases
Any motor vehicle accident is serious, but truck accidents often result in severe catastrophic injuries or even death due to the increased size and weight of the trucks. If you were injured in a commercial truck accident, or you lost a loved one due to negligent truck driving, you deserve to be compensated for your losses.
At Skibiel Law, we represent individuals and families throughout the Atlanta metro area who have suffered serious injuries or who have lost loved ones in commercial truck accidents. We understand the devastating effect your injuries can have on your life, so we seek to hold careless truck drivers and their employers responsible for their negligence.
Understanding The Different Commercial Vehicles Involved In Accidents
Commercial vehicle accidents do not just involve semi-trucks. Here are the most common ones we see involved in collisions:
- Semi-trucks (18-wheelers): These massive vehicles can weigh up to 80,000 pounds and are difficult to maneuver or stop quickly, especially on highways or during poor weather.
- Delivery vans: Frequently found in residential neighborhoods and busy city streets, delivery vans often make sudden stops, increasing the chance of rear-end or pedestrian accidents.
- Construction vehicles: Dump trucks, bulldozers and similar equipment are often present near construction zones, where limited visibility and heavy loads can lead to dangerous conditions.
- Tanker trucks: These trucks carry flammable or toxic materials, and when involved in crashes, they pose serious risks like explosions or chemical spills.
- Buses: Whether a school bus or a charter service, these vehicles carry many passengers and crashes often result in multiple injuries.
Each vehicle requires a different approach when investigating accidents and determining liability.
Why Truck Accidents Happen So Often
Many factors can contribute to an accident. The most common causes include:
- Driver fatigue: Long hours behind the wheel lead to slower reaction times and poor decision-making, even when drivers follow scheduling rules.
- Speeding and reckless driving: When truckers rush to meet deadlines, they may take risks that endanger everyone on the road.
- Poor vehicle maintenance: Worn tires, failing brakes and other mechanical issues can cause a driver to lose control of the truck.
- Bad weather: Rain, ice and fog affect a truck’s performance and require extra caution, which is not always taken.
- Environmental hazards: Unmarked construction zones or sharp curves without warnings can also contribute to major accidents.
Trucking accident cases often involve multiple parties and layers of liability.
What Georgia Law Says About Trucking Accidents
Below are some of the key legal elements we consider when handling these claims:
- Georgia Motor Carrier Safety Regulations: These rules align with federal trucking standards but include specific requirements for drivers operating within the state. For example, intrastate drivers in Georgia must carry a valid Medical Examiner’s Certificate and follow Georgia’s stricter rules on vehicle inspections.
- Georgia Code on negligence and liability: The law follows a modified comparative fault rule, which may reduce or eliminate compensation if you are found mostly at fault.
- The direct-action statute: Georgia allows us to sue the insurance company directly in many commercial vehicle cases, streamlining the legal process.
- Jurisdiction rules: Even if the trucking company is based out of state, we can still file a claim in Georgia if the crash happened here.
Our experienced lawyers understand Georgia trucking laws inside and out and can help get a favorable outcome.
Holding Negligent Truckers And Trucking Companies Accountable
Truck drivers are required to follow special federal regulations and Georgia state laws to ensure they remain safe on the roads. However, sometimes drivers may cut corners based on a deadline or under pressure from their employer. We investigate all possible causes of the accident, including:
- Truckers driving too many hours without rest
- Speeding
- Negligent driving (such as eating, drinking or texting while driving, for example)
- Failure to yield or move over
- Weight restriction violations
- Improperly secured loads or improperly maintained equipment
Trucking Accidents FAQs
Below are answers to some of the most common questions we receive.
How quickly must I file a trucking accident lawsuit in Georgia, and what happens if I miss the deadline?
In Georgia, the statute of limitations for personal injury claims, including trucking accidents, is two years from the accident date. You may lose your legal right to pursue compensation entirely if you miss this deadline.
What happens if the truck driver who hit me was an independent contractor rather than an employee?
Even if the driver is an independent contractor, the trucking company may still be liable under certain conditions. We will investigate how much control the company had over the driver’s work and whether they contributed to the unsafe conditions that led to the accident.
Can I still recover damages if the trucking company is based outside Georgia?
Yes. The company is subject to Georgia’s jurisdiction if the accident occurred in Georgia. We can file a claim here and still hold them accountable, regardless of where they are headquartered.
What makes Georgia’s direct action statute important for victims of commercial vehicle accidents?
Georgia’s direct action statute allows us to name the trucking company’s insurance carrier directly in the lawsuit. That means we do not have to wait for a separate insurance claim process. Our attorneys can go straight to the source and demand your compensation.
How do I handle a situation where the trucking company’s insurance adjuster is offering me a settlement?
Be cautious. Insurance adjusters may offer a quick settlement of far less than what you deserve. It is crucial not to sign anything without first speaking to an attorney who can review the offer.
Contact An Experienced, Compassionate Lawyer
If you have suffered catastrophic injuries or lost a loved one in a serious truck accident, you are not alone. We are ready to help you. Contact our Jonesboro truck accident attorney by calling 770-400-0963 or toll-free at 770-968-3554 for a free consultation, or contact us online. We handle most cases on a contingency basis, meaning there are no attorney’s fees unless we win your case.* Se habla español.
*You may be responsible for any court costs or additional legal expenses, however, should your case go to trial.