Truck Accident Lawyers in Atlanta

Certain types of evidence can strengthen your case and must be preserved. Photographs of the accident scene — from all angles — are critical. Witness statements, police reports, and medical records are crucial in establishing liability and damages. Documentation regarding the truck driver, employment status, and the truck itself are also necessary.

These types of documents include:

• The truck driver’s personnel record, including documentation regarding their status as an employee or independent contractor
• The truck driver’s logbook
• The data collected from the truck’s onboard recording device
• The trucker’s driving history, including records of any violations
• Any safety violations committed by the owner or manufacturer of the truck, cab, or other vehicle components

When trucking accidents occur and people are injured, several parties may be partially or wholly liable for the collision.

Several variables must be evaluated to determine liability, such as:

• Whether the truck, trailer, cab, or any of their components were defective or improperly maintained
• The employment status of the truck driver

Many questions must be asked to determine liability:

• Was the driver an independent contractor, employee, and/or vehicle owner?
• Did the driver lease the truck and/or the trailer?
• What company owned or leased the vehicle?
• Who ordered that the freight be shipped?
• Who owned the cargo?
• What companies manufactured and serviced the truck, cab, trailer, and every little piece that makes up those components?

Our big rig accident lawyers at Van Sant Law have significant experience representing clients throughout Georgia and can evaluate the evidence to determine which parties can be responsible for your injuries.

Every case is unique. Our attorneys can help you understand the steps of filing a claim and the steps you must take following the truck accident. Many local, state, and federal rules, regulations, and laws may have been violated, and our experienced Atlanta truck accident lawyers know how to apply them to your case.

Additionally, the statute of limitations for a truck accident case requires that parties filing a truck wreck injury lawsuit must do so within two years of the collision date. However, exceptions exist, and you should discuss your case with a truck accident lawyer who knows what deadlines apply. Consult with a lawyer near you as soon as possible.

In addition to understanding the legal framework and procedures for bringing truck accident claims, our experienced attorneys are ready, willing, and able to battle with the team of lawyers and insurance representatives who represent the truck driver, the trucking company (or companies), and the insurance companies. We have years of experience taking legal fights to the trucking industry and pursuing favorable settlements and verdicts for clients.

Truck accidents are often complex, involving multiple parties, stringent regulations, and a thorough investigation to determine liability. Unlike standard car accidents, truck accident cases require in-depth investigations to uncover the full scope of the incident and hold the responsible parties accountable.

Truck accident investigations involve detailed scrutiny of the accident, the truck driver, and the trucking company. Gathering this information helps establish liability and holds responsible parties accountable.

Critical components of a truck accident investigation include:

• Examining the truck driver’s qualifications. Your truck accident attorney can contact the truck driver’s company to obtain the Driver Qualification File (DQF), which is required documentation by the Federal Motor Carrier Safety Administration.
• Getting witness statements. Eyewitnesses who saw the accident can provide valuable testimony about how the crash unfolded. These statements offer perspectives that can either corroborate or challenge the accounts of the involved parties. Securing witness contact information at the scene and obtaining their statements soon after the accident ensures that their recollections are accurate and detailed.
• Obtaining and reviewing the police report. Police reports provide an official accident record, including vital details such as the time, location, and parties involved. The report also includes the responding officer’s initial assessment of the cause of the accident, traffic violations, and whether any citations or arrests were made. Reviewing this report is essential to verify facts and identify potential areas of negligence.
• Examining the accident scene and damage. A thorough examination involves looking at the road conditions, traffic signals, weather, vehicle damage, and skid marks to understand how the accident occurred. Your lawyer may also review photos, videos, and other physical evidence to piece together the events leading up to the collision.
• Reviewing data from the truck’s onboard records. Most commercial trucks have black boxes and electronic logging devices (ELDs) that record critical data, such as speed, braking patterns, and hours driven. This information can be invaluable in determining what happened in the moments leading up to the accident and whether the driver complied with regulations regarding rest periods and driving hours.

Truck accident investigations often require third-party professionals' insights to understand the case's nuances. Your attorney may collaborate with accident reconstruction experts, forensic specialists, and other industry professionals to uncover critical details that may not be immediately obvious. They will also review relevant reports from the National Transportation Safety Board (NTSB).

Unfortunately, it is difficult to tell how long a truck accident claim may take to settle. That’s because every case is different, and the disposition depends on the underlying facts and circumstances of the accident.

Sometimes, truck accident victims and the truckers/trucking company can agree on settlement terms in just a few months. In other cases, it can take years to arrive at a settlement or to litigate the claim in court if a settlement is not reached. Insurance companies often wait to settle claims until the victim indicates an intent to litigate the matter in court.

Truck accidents often lead to severe injuries, extensive property damage, and a significant disruption to your life. If you’ve been injured in a truck accident, you may be entitled to various forms of compensation to cover your financial and emotional losses. However, it’s important to note that you are not guaranteed to receive damages as a truck accident victim.

The compensation you might be entitled to can cover the immediate and long-term impact of your injuries and other damages.

The key types of compensation that may be available in a truck accident claim include:

• Medical expenses
• Lost wages and loss of earning capacity
• Pain and suffering
• Mental anguish
• Disfigurement
• Property damage

Depending on your case’s specifics, you could also be awarded punitive damages, which penalize the defendant for grossly negligent behavior, including willful misconduct, malice, or wantonness.

Your attorney can advocate for you and will work to identify solutions to seek a favorable settlement.

The short answer to this question is “no.” The trucking company or their insurance provider may reach out to you directly to try to settle the case, and they may seem helpful and friendly. However, they do not have your best interests in mind. Ultimately, they aim to pay as little as possible for the accident, not to pay you what you deserve. They may also try to get you to admit some fault or use what you say against you.

When you retain an eighteen-wheeler accident lawyer, your attorney can handle communications with the defendant and the insurance company on your behalf.

Truckers often haul loads on interstate highways and pass through Georgia on their routes. It is not uncommon for the trucking company to be out of state. Sometimes, these out-of-state carriers may think they can escape liability for accidents occurring in Georgia. The reality is that they are still responsible, although different laws may apply in some instances.

Our lawyers have experience representing clients in truck accident cases where the trucking company is outside Georgia, and we partner with local attorneys in such jurisdictions when necessary.

While exceptions exist, semi-trucks with empty trailers typically weigh about 35,000 pounds. A truck’s weight can increase exponentially when cargo is added, reaching 80,000 pounds or more. Accidents involving large commercial trucks can be devastating because of their size and weight relative to other vehicles.

If a truck driver acted negligently, and you were injured, or a loved one was killed in an accident, you need experienced legal representation. Your attorney can compile evidence, calculate damages, handle negotiations on your behalf, and fight for your rights.

The size and weight disparity between semi-trucks and other vehicles, such as cars, SUVs, or pick-up trucks, is massive — even if the semi-truck is empty or is only partially loaded. An accident can lead to devastating injuries and fatalities for smaller-vehicle occupants.

Truck drivers have a duty to operate their vehicles safely. When drivers fail to uphold that duty, injury lawyers can fight for the compensation victims and their loved ones deserve.

Most lawyers agree that victims should never admit partial liability after accidents. That’s because even an unintentional admission could be viewed as a statement of guilt and used against you in your claim for compensation.

Truck accident laws are complex and nuanced, often involving several defendants and insurers. Talk to a knowledgeable lawyer who can advise you on your rights, help prevent self-incrimination, and guide you through the legal process.

State and federal laws regulate the commercial trucking industry. In addition to Georgia laws dealing with trucks’ weight requirements and drivers’ substance abuse testing, the Federal Motor Carrier Safety Administration (FMCSA) enforces regulations dealing with driving time, hours of service, and more.

This complex web of regulations helps improve safety on roads and highways. Truck drivers or trucking companies can face fines or suspensions if they violate one or more rules.

Attorneys who regularly handle accidents involving commercial trucks understand this regulatory framework and are adept at establishing liability.

Several factors influence settlements for truck accident cases. These include the extent of the damage, the severity of victims’ injuries, and the amount and nature of expenses related to the accident. Your legal professional can work to compile evidence, including medical records, police reports, and witness statements.

Sometimes, lawyers will rely on past case results or opinions from trucking industry experts to calculate damages accurately. When you seek representation from experienced legal professionals unafraid to stand up to big insurance companies, you will be well-positioned to pursue fair compensation for your accident claim.