Atlanta is notorious for being one of the most perilous cities for passenger drivers, particularly due to its notorious traffic congestion. Intersections pose the highest risk, with approximately 40% of all U.S. car accidents occurring at these junctions. Given these statistics, it is imperative to enlist the expertise of an Atlanta truck accident lawyer. Their specialized services could mean the crucial difference between holding the responsible party accountable and receiving rightful compensation for the accident.
Truck Accidents in Atlanta
In the year 2016 alone, Atlanta witnessed over 4,440 accidents involving semi-trucks and buses, resulting in fatalities. Additionally, these accidents caused approximately 119,000 injuries.
Collisions between tractor-trailers and passenger vehicles often lead to catastrophic outcomes due to the stark contrast in vehicle sizes. Consequently, such accidents tend to result in more fatalities than any other type of collision, including those involving two passenger vehicles.
Common Causes of Truck Accidents
- Blind Spots: A significant number of truck accidents occur due to car drivers inadvertently entering the blind spots of trucks, known as “no-zones.” These blind spots, often on both sides of the tractor-trailer and particularly in the front and back, can sometimes obscure entire lanes of traffic.
- Improper Loading: When cargo in a tractor-trailer is improperly loaded, it can shift unexpectedly, impacting the trailer and cab and potentially causing the entire vehicle to roll over into adjacent lanes.
- Driver Fatigue or Impairment: Truck drivers, notorious for enduring long hours and sleep deprivation, often suffer from fatigue, leading to slower reaction times and compromised decision-making abilities while behind the wheel.
- Speeding: Excessive speeding is a significant contributing factor in truck accidents, accounting for roughly 30% of crash deaths since 2004. Speeding not only increases the risk of accidents but also hampers reaction times and can lead to dangerous jackknifing.
- Failure to Maintain the Truck: Trucking companies and drivers bear the responsibility of ensuring that their vehicles undergo all required maintenance checks. Failure to do so can result in liability for operating poorly maintained equipment.
Impact of Truck Accidents on Victims
Our firm understands the profound impact that accidents like these can have on victims. From enduring weeks, months, and even years of medical care to facing the daunting financial strain of lost wages and escalating medical bills, the aftermath can be overwhelming. If you’ve been involved in a collision with an 18-wheeler or another large vehicle in Atlanta, Georgia, it’s crucial to seek the guidance of a skilled semi-truck accident lawyer. You and your loved ones deserve justice and fair compensation, holding the responsible party accountable for their actions.
Legal Framework of Truck Accidents
The state and federal governments heavily regulate the trucking industry to ensure safe driving conditions and compliance with a variety of legal standards. By enforcing these regulations, we aim to guarantee the safe operation of both commercial and private motor vehicles and prevent accidents from occurring.
Hours of Service
The Federal Motor Carrier Safety Administration is responsible for enforcing specific rules regarding hours of operation for the trucking industry in the U.S. These regulations limit the driving time for commercial truckers in a single sitting and mandate the amount of time they must take between shifts.
Substance Abuse Testing
The FMCSA and the Department of Transportation (DOT) mandate that every person with a commercial driver’s license (CDL) and their employees adhere to alcohol and drug testing guidelines.
Liability in Truck Accidents
In the event of a car accident in Atlanta, there may be several parties at fault. However, in most cases, at least one of the following parties will be liable for the accident:
- The Truck Driver
The truck driver is often the most common liable party since they are operating the vehicle. If they engage in risky or negligent behavior on the road, they are likely to be at fault in the accident.
- The Trucking Company
Trucking companies could be held liable if they fail to ensure public safety by maintaining their trucks adequately and hiring qualified drivers. If there is evidence of subpar hiring standards or inadequate maintenance, they can be held accountable.
- The Truck Manufacturer
At times, the truck manufacturer may be at fault if there are manufacturer defects that go undetected by the truck driver and the trucking company.
Statute of Limitations in Georgia:
Personal injury victims in the state of Georgia have two years to file a personal injury claim under the Official Code of Georgia Annotated (OCGA) §9-3-33. However, this timeframe may be shorter in certain cases, emphasizing the importance of filing promptly.
Why You Need an Atlanta Truck Accident Lawyer
The Complexity of Truck Accident Cases
Truck accident cases are inherently complex and can result in severe injuries and extensive damages. However, by holding the negligent party accountable for their actions, you can seek financial compensation. It is crucial to seek legal representation to navigate the intricate insurance and legal hurdles involved.
Navigating Insurance and Legal Hurdles
The value of your truck accident settlement depends on various factors, including the severity of your injuries and the extent of your damages. This encompasses evaluating the costs of medical treatment and other accident-related expenses. Whether negotiating your settlement in or out of court, our attorneys possess the expertise to handle insurance agents adeptly. Insurance companies often prioritize their bottom line and may attempt to avoid paying fair compensation for your damages.
Maximize Compensation
A specialized Atlanta truck accident lawyer can significantly enhance your chances of maximizing compensation, particularly if you’ve sustained severe or catastrophic injuries. If you’re burdened by substantial medical bills and unable to work due to disabilities resulting from a truck accident, you may be entitled to recover compensation. It’s imperative to retain a knowledgeable truck accident attorney who understands how to hold trucking companies accountable in these intricate cases.
As one of the leading truck accident law firms in Atlanta, Butler Kahn has successfully recovered millions of dollars in compensation for individuals injured in truck accidents, as well as for families who have lost loved ones in truck crashes.
Trucking accidents can result in catastrophic injuries and damages. However, you can hold the negligent party responsible for their actions and win financial compensation. To do so, you should seek legal representation.
The Process of a Truck Accident Claim
- Identify the at-fault party, and file a claim against them.
- Collect and preserve evidence, including:
- Eyewitness statements
- The police report
- The truck’s maintenance records
- The truck driver’s logbook
- The trucking company’s employment records
- Photos and videos of the crash scene
- Damage to vehicles
- Testimonies from expert witnesses
- Conclusions from accident reconstruction specialists
- Evidence of federal trucking law violations
- Negotiate a settlement with insurance companies.
- Not all cases end with a settlement. If necessary, your lawyer will present your case in court to achieve the desired outcome.
Common Truck Accident Injuries
Back and Neck Injuries
Due to the vulnerability of the human body and the immense force exerted in a truck accident collision, back and neck injuries are unfortunately prevalent. Among the most common injuries seen by attorneys are those resulting from the blunt force that forcefully propels one’s body forward before coming to an abrupt halt.
This action can lead to:
- Whiplash: A condition where a person’s head is forcefully and rapidly thrown backward and then forward. Whiplash often occurs in rear-end accidents and can result in stretched or torn ligaments, tendons, or muscles in the neck area. In severe cases, it can even damage the bones in the spine and the discs between them.
- Slipped and Herniated Discs: The adult human spine comprises 24 vertebrae cushioned by elastic discs. When external forces, such as those in a significant truck accident, exert extreme pressure on the spine, these discs may slip out of place, rupture, or tear. Both slipped and herniated discs can cause excruciating pain, often taking over three months to subside.
Broken Bones
In many truck accidents, the structural integrity of a car’s frame is compromised, leading to the bending or crushing of the metal chassis. Consequently, occupants inside the vehicle face a heightened risk of being crushed, pinned, or forcefully propelled against the doors, windows, and dashboard. Such trauma can result in fractures to limbs, ribs, skulls, and vertebrae.
Head and Brain Injuries
Traumatic brain injuries (TBIs) represent some of the most perilous and unfortunately common consequences of truck accidents. According to CDC data, in 2014, 2.87 million truck crash victims suffered TBIs, leading to emergency room visits, hospitalizations, and fatalities. TBIs are characterized by sudden trauma that violently shakes or impacts the head, potentially causing damage to the skull or brain, the severity of which depends on the force of the impact.
Burns
Most semi-trucks carry large quantities of fuel, ranging from 125 to 300 gallons, significantly increasing the risk of burns in the event of a crash. Collisions between trucks and passenger cars can result in cargo igniting and spreading to nearby vehicles. Such fires can cause first-, second-, or even third-degree burns, leading to tissue death, nerve damage, and occasionally death.
Internal Injuries
Truck accidents can inflict internal injuries when a person’s body experiences sudden, violent impacts, such as being ejected from the vehicle or colliding with objects like the steering wheel, dashboard, or windshield. Some internal injuries associated with truck accidents include rib fractures, aneurysms, punctured or collapsed lungs, spleen rupture, and liver/kidney damage.
Truck Accident Compensation
If you are not entirely at fault for the truck accident, you have the right to pursue compensation. This can be achieved by filing a lawsuit in the state where the accident occurred. However, it’s important to note that compensation will not be disbursed until after your case is resolved, necessitating alternative payment arrangements in the interim.
If you have health insurance, it’s advisable to direct all medical bills to your health insurance provider rather than your car insurance. Car insurance medical coverage should serve as a secondary option, stepping in only if your health insurance does not cover the remaining expenses.
In Georgia, the comparative negligence law dictates that compensation from the other driver’s insurance company is determined based on the percentage of fault attributed to each party.
Medical Expenses and Lost Wages
Many victims of vehicle accidents struggle with the financial burden of medical bills and lost wages due to time off work. We firmly believe that no victim should bear this financial strain alone.
We understand the financial challenges you may be facing as a result of mounting medical bills and lost income. It is unacceptable for any victim to shoulder this burden alone. You deserve compensation for your losses, and we are committed to helping you obtain it.
Pain and Suffering
To secure compensation, an attorney must demonstrate that the truck driver failed to exercise due care in operating the vehicle. The plaintiff may have claims for pain, suffering, negligence, and intentional infliction of emotional distress, all of which can bolster the case.
Punitive Damages
Under Georgia law, punitive damages in truck accident cases are intended to penalize and deter conduct that demonstrates malice, oppression, or indifference to consequences. An attorney must present clear and convincing evidence to establish fault and liability beyond any doubt.
Client Testimonials
“Right from the beginning of contacting Steinger, Greene & Feiner every step of the legal process was and is swift, accurate, and concise. No time was or has been wasted as they have commenced steadily through the process of gathering information and making contact with me regarding all aspects of my case.”
-Steve Gonzalez
“Went above and beyond. Life-changing experience. Worked with another lawyer and they were inept. These guys were with me all the way and got me the max I deserve. Outstanding caring people. I can’t thank them enough.”
-Joe Davis
“I love how they treat me as a client!! When I call they answer, if they’re not available they reach back out. They are straightforward if you have a case they let you know, if you don’t they let you know that as well. The lawyers here don’t beat around the bush. I will continue to do business with them in the near future!!! Anytime I think of a law firm to represent me it will be them. As for my lawyers and the paralegals who have assisted me in my case became more like family!! I love how they want to see you do good outside of just being their client and I love that about them.”
-Nicole Vucinac
“I had a fantastic experience with Steinger, Greene & Feiner Injury Law Firm. From the moment I reached out to them, they were incredibly responsive and attentive. They took the time to listen to my concerns and were quick to accept my case. The entire team showed a high level of professionalism and expertise throughout the process. I felt supported and well-informed at every step. I couldn’t be happier with their service, and I highly recommend them to anyone in need of legal assistance. Thank you, Steinger, Greene & Feiner!”
-Toni Scott
“My two major team players Christina McDonald and Mia Sansur were so compassionate, professional detailed, and patient. I would highly recommend Steinger Green and Finer without a doubt. You’re not just a case number but a person to them.”
-Andrea Glanville
Selecting a Truck Accident Attorney
When choosing a truck accident attorney, consider the following:
- Experience & Track Record: Assess their experience and success in similar cases.
- Specialization: Ensure their expertise aligns with your needs.
- Client Profile: Determine if they have represented cases like yours before.
- Case History: Review past cases and outcomes relevant to yours.
- Additional Expertise: Check for any supplementary legal knowledge.
- Fee Structure: Clarify fees and payment options upfront.
- Work Style: Ensure their approach matches your preferences.
- Alternative Methods: Inquire about non-litigation resolutions.
- Communication: Discuss expectations for updates and communication.
- Possible Outcomes: Seek realistic insights into potential case outcomes.
FAQs About Atlanta Truck Accident Cases
1. Can I get a truck’s black box data after an accident?
Accessing a truck’s black box data post-accident can be challenging but not impossible. It’s crucial to act swiftly as some devices erase data within 30 days. Seek immediate legal advice to preserve evidence. Methods for accessing the data include obtaining the truck owner’s consent or obtaining a court order.
2. What if the truck doesn’t have adequate insurance?
In cases where the truck lacks adequate insurance, legal options for financial recovery still exist. Consider options such as using uninsured motorist coverage or filing a claim against the at-fault driver with guidance from an Atlanta truck accident attorney.
3. Should you admit if you were partially liable in a truck accident?
Avoid admitting partial liability after a truck accident, as it can be detrimental. Truck accident cases involve complexities where even unintended comments can be misinterpreted. Legal guidance from an attorney in Atlanta is essential to avoid potential mistakes.
4. How long does it take to settle a truck accident claim?
The duration of settling a truck accident claim varies based on case specifics, including investigations and completion of medical treatment.
5. Will I have to go to court after a truck wreck?
While most truck accident cases are settled outside of court through negotiation, some may proceed to trial if necessary. Your attorney will continue to represent your best interests throughout the process.
6. What amount should you settle for after a truck wreck?
Determining a fair settlement amount post-truck accident depends on various factors, including fault degree, involvement of insurance companies, and incurred damages. An attorney can assess your expenses and evaluate settlement offers accordingly.
7. Is it worth it to hire a truck accident lawyer?
Considering the complexity of truck accident cases in Atlanta, hiring a lawyer is beneficial to navigate legal intricacies and safeguard your rights. Contact an experienced Atlanta truck accident lawyer to ensure proper representation and protection of your rights.
Speak With an Atlanta Truck Accident Lawyer Today
If you were injured in an accident with an 18-wheeler in Atlanta, don’t hesitate to contact an attorney. Truck accidents can cause devastating, long-lasting injuries that cause mounting bills and lost wages. The attorneys at Steinger, Greene & Feiner are ready to fight for your rights as a passenger vehicle and get you the compensation you deserve.
Contact us today for a free, no-obligation case evaluation.