Truck Accident Attorney in Georgia
Large commercial trucks, 18-wheelers, and tractor-trailers serve as the wheels of our economy. Those trucks move goods across the roads of Georgia. Unfortunately, with so many trucks on the highways and roads in our state, accidents with those vehicles are a significant risk for drivers of passenger cars, pick-up trucks and motorcycles. Even pedestrians are at a risk.
When a truck is involved in an accident, the results can be catastrophic for other motorists. Due to their massive size, large trucks can inflict serious damage and severe injuries upon accident victims.
Have you been injured in a truck accident in Atlanta, Alpharetta, Cumming, Lawrenceville, Savannah, or elsewhere in Georgia? You may deserve to be compensated if the truck’s driver was responsible for your injuries. Your losses, including medical bills, lost wages, and pain and suffering, should be paid by the truck driver who caused them.
At Spaulding Injury Law, our Georgia truck accident lawyers have more than 25 years of combined experience with these cases. We represent the rights and interests of injured victims of truck accidents. Our firm works tirelessly to maximize the financial recovery of our clients.
We are proud of our legal team’s track record of success, which has been recognized in the awards our attorneys have earned.
- Attorney Theodore Spaulding has been named for their work to the National Trial Lawyers Association’s Top 100 Trial Lawyers and Top 40 Under 40 lists.
- Spaulding and Mr. Hayes are both charter members of the Distinguished Justice Advocates. That organization recognizes the top one-half of one percent of attorneys in the U.S.
If you have a truck accident claim, contact Spaulding Injury Law today. You can schedule a free, no-obligation consultation with our Georgia truck accident attorneys. We can discuss your case with you and help you understand your legal rights and options. We can guide you through the process of getting the financial compensation you need and deserve.
Why Are Truck Accident Cases Different?
Many people may assume that truck accident cases are the same as any other kind of motor vehicle accident case. But truck accidents are much more complicated. Consider these differences:
- More severe injuries – Because of their size, large commercial trucks crash with great force when they hit smaller passenger vehicles. As a result, the occupants of those smaller vehicles tend to suffer much more severe injuries than those of a typical car accident. The more serious the injury is, the more expensive and lengthier the recovery becomes. This can make resolving a truck accident claim more difficult because the at-fault parties will fight the much larger damages they face. The injured party will also need to make sure that compensation includes future medical expenses and lost income.
- More complex evidence – Truck accidents involve more evidence than other types of motor vehicle accidents. Commercial trucks often carry a recording device that can show what the truck driver was doing in the moments before an accident. The truck driver’s logs may show the driver was potentially fatigued at the time of the accident. Other documents, such as the load manifest or the maintenance logs, may indicate that a mechanical problem with the truck caused the accident.
- Multiple liable parties – Parties other than the truck driver may face liability for the accident. Those parties include the driver’s trucking company, the truck’s owner, the freight company that loaded the truck or the truck’s manufacturer. These companies tend to have complex insurance structures. That can make it difficult to determine how much insurance coverage may be available.
How Our Georgia Truck Accident Attorneys Can Help
If you have been involved in a truck accident, you don’t have to go through the legal process alone. At Spaulding Injury Law, our Georgia truck accident attorneys are here to help. We can maximize the financial recovery you receive by:
- Thoroughly investigating your accident – Our attorneys will thoroughly investigate your accident. We often work with accident reconstruction experts to determine how your accident occurred. That can help point to the at-fault party.
- Recovering all relevant evidence – Our firm will also ensure that all relevant evidence is preserved in your case. That evidence includes driver’s logs, load manifests and truck maintenance records. Our attorneys will send evidence preservation requests to the truck driver and the trucking company. That will ensure that critical evidence in your case is not lost or destroyed.
- Identifying potentially liable parties and sources of financial recovery – Our attorneys will evaluate your case to determine which parties may have legal liability for your accident. The financial sources often go beyond the truck driver to include the trucking company, the freight company or the truck manufacturer. We will find the full extent of insurance coverage that these companies have. We want to make sure you receive full compensation for your damages.
- Negotiating for a fair and full settlement – We will push back against the tactics of the insurance companies and the defense law firms to ensure that you get maximum recovery in your case. We will never let you settle for anything less than fair compensation under the circumstances of your case.
- Preparing your case for trial, if necessary – We will work hard to get you compensation as quickly as possible through settlement. We will also prepare to take your claim to trial if necessary. That way, the other side will know we are serious about getting you the maximum compensation for your damages.
Evidence in a Truck Accident Lawsuit
When investigating a truck accident, experts may examine evidence that is not normally present in a typical car accident. The evidence may include:
- The driver’s logs – Many truck accidents occur when a truck driver is fatigued behind the wheel after driving more hours than federal and state regulations allow. The driver’s logs can show how long the driver had been behind the wheel prior to the accident. Those logs may point to fatigue as a factor before the accident.
- The driver’s toxicology report – In truck accident cases involving serious injury or death, the truck driver may be required to undergo an alcohol/drug test. That will show if the driver was under the influence during the accident.
- The truck’s “black box” – Many trucks are equipped with a “black box.” That device records data such as the truck’s position, speed, steering and acceleration/braking inputs. This data can show what the truck driver was doing in the moments leading up to the accident.
- The load manifest – If a truck accident was caused by an unsafe or improper truckload, the load manifest can show this.
- The truck’s maintenance logs – If the accident was caused by a lack of maintenance or improper maintenance, the truck’s maintenance logs can show this as well.
How Long Do I Have to File a Truck Accident Lawsuit in Georgia?
When you’ve been involved in a truck accident in Georgia, you have a limited period in which to file a lawsuit to pursue a claim for compensation. This period is called the statute of limitations. Under Georgia law, the statute of limitations for a personal injury lawsuit is two years from the date of the accident. A lawsuit for property damage is four years from the date of the accident.
The statute of limitations may be paused, or “tolled,” under certain circumstances. For example, if a minor is injured in a truck accident, the statute of limitations does not begin to run until the minor turns 18 years old. If you fail to file your lawsuit before the statute of limitations expires, the court can permanently dismiss your lawsuit.
Who Can I Sue If I Was Involved in a Semi-trailer Truck Traffic Collision?
When you have been injured in a truck accident, you may wonder who has a legal liability to compensate you for your injuries. In most motor vehicle accidents, liability typically falls only on the drivers involved. In contrast, truck accidents have multiple parties that can bear legal responsibility for a truck accident.
Those parties may include:
- The truck driver – When the truck driver’s negligence results in an accident, the driver can be held responsible for the damages that were caused.
- The trucking company – If the truck company employs the truck driver, the company can be held vicariously liable for the driver’s negligence. In some cases, the truck company may be held responsible for negligently hiring, training or supervising the driver.
- The truck’s owner – If the truck involved in the accident is not owned by the trucking company or the truck driver, the owner may be held responsible when a failure to properly maintain the truck led to the accident.
- The freight company – A truck accident may be caused by an unsafe load or improperly loaded cargo. This error may be the fault of the freight company that loaded the truck.
- The truck manufacturer – The truck manufacturer (or the manufacturer of a part in the truck) can be held responsible if a design or manufacturing defect caused the accident.
What Damages Can I Recover in a Georgia Truck Accident Claim?
- Medical expenses, including hospital bills, surgery, prescription medication, physical rehab, or long-term care
- Lost wages, if you miss time from work due to your injuries, or if you’re unable to return to work
- Pain and suffering, or the anguish and distress caused by your injuries
- Lost quality of life, which can arise from disfigurements or disabilities
- Property damage
What Can I Do to Protect My Rights after a Tractor-Trailer Crash?
When you or a loved one have been injured in a tractor-trailer accident, certain steps can protect your rights and options for compensation for your injuries and losses: