Big commercial trucks share the road with smaller vehicles all the time; sometimes, this combination can lead to major accidents. Smyrna drivers face risks when they get on the road next to a truck, as these collisions happen with alarming frequency.
The size, weight, and specific regulations unique to accidents involving commercial vehicles will often mean that recouping compensation for your damages in these kinds of accidents will be much more complicated than recovering from your average car accident — which is why it’s so important to contact an attorney.
At the CEO Lawyer Personal Injury Law Firm, we’re here to help. We can meet with you and your loved ones to review your specific accident details to help you determine the best path forward. We’ll kick things off with a free, confidential (no-obligation) case review, where you can walk us through exactly what happened.
New clients can call (470) 323-8779 or contact us online to speak with a member of our team today.
Why You Need to Work With a Smyrna Truck Accident Attorney
Truck accidents come with their own fair share of complexities, so you’ll need to work with someone who understands the complicated regulations that govern commercial carrier operations. A knowledgeable attorney can decipher the Federal Motor Carrier Safety Regulations and Georgia’s state-specific laws to ensure no legal stone is left unturned.
A proper investigation will be key after your truck accident, and your lawyer will be highly experienced at collecting crucial evidence, as well as witness statements and important details about the accident scene. They can also help you determine liability, which will often take time, as it can be difficult to trace negligence back beyond the truck driver to the trucking company or even the vehicle manufacturer.
Additionally, when dealing with insurance companies, you’ll want a lawyer by your side, as they can be your advocate in negotiating fair compensation. Truck accidents often result in substantial medical expenses, lost wages, and long-term suffering, which can be difficult to properly calculate independently.
Further, you want to be confident about the future projected costs of the injury, as you cannot request more money down the line after agreeing to a settlement. A lawyer will work with you to maximize your compensation so you don’t bear the financial burden of someone else’s negligence.
Trucking Companies Will Fight to Undervalue Injury Claims
Know that trucking companies involve big-money interests. If they face a liability claim, they will likely dispute it and fight the amount they pay at every turn.
They may also deny liability or refuse to provide critical evidence, sometimes requiring a lawsuit in order to successfully bring them to the negotiation table.
Anyone who goes into a truck accident case alone is at a serious disadvantage. They may be presented with a weak first offer, and the attorneys on the defending side may make statements that pressure them into backing off their claim entirely.
Obtaining representation levels the playing field, ensuring that you are aware of your legal rights at every stage and can voice your interests in the face of overwhelming pressure.
Damages Available in a Typical Truck Accident Injury Case
While every truck accident case is different, there are a number of common damage categories the injury victim should consider when estimating an appropriate settlement amount.
Medical Bills, Past and Future
Medical bills often make up the bulk of truck accident claim values, particularly since these types of collisions tend to involve serious injury or death. Importantly, medical bill claims should seek to recover all medical costs, including those projected to occur in the future.
Many accident victims will require long-term follow-up appointments or rehabilitative care. They may even acquire a lifelong disability or other condition that requires medication, extensive follow-up care, and other costs.
An attorney can work with your medical team, billing experts, and other medical experts to determine an appropriate amount of medical costs to claim, reducing the risk that you will have any unpaid bills at the conclusion of your case.
Lost Wages
A lost wages claim seeks to recover any and all impacts on the victim’s ability to earn income and benefits. This category of damages includes income that couldn’t be earned because of missed work and any differences in income stemming from reduced hours or an inability to return to former job duties.
Salaried employees can also claim the value of lost benefits, including any sick leave that was used because of their accident injuries. Likewise, injury victims can claim the estimated value of any commissions, bonuses, stipends, or other alternative compensation they would have earned, using estimations based on their recent earnings before the accident.
Pain and Suffering
A pain and suffering claim seeks to restore the injury victim for the physical discomfort and mental anguish they have experienced. It includes hardship caused by an inability to perform former activities or bond with loved ones in the way they were able to prior to their injury.
Funeral and Burial Expenses
Wrongful death truck accident claims will restore all of the above costs inflicted upon the estate of the deceased, in addition to the costs of handling their remains or performing any ceremony in their honor.
Punitive Damages
Cases that go to trial open the door for a jury to consider adding punitive damages to the injury victim’s award. Meant as a form of deterrent for others — and extra punishment for the liable party — these damages recognize that the liable party was reckless, grossly negligent, or intentionally malicious in their conduct.
Laws and Regulations Governing Truck Accidents in Smyrna, Georgia
While your lawyer will be your guide when it comes time to navigate the complicated legal framework surrounding truck accidents, there’s nothing wrong with brushing up on some of the most important laws, regulations, and legal codes that govern these types of accidents.
Federal Motor Carrier Safety Regulations
The FMCSR is a comprehensive set of regulations issued by the Federal Motor Carrier Safety Administration. They include specific provisions such as the Hours of Service regulations, which limit the number of driving hours for truck drivers, vehicle maintenance standards, and weight limits, which determine the maximum weight a commercial truck can legally carry.
Georgia Code Title 40, Chapter 6 – Uniform Rules of the Road
Georgia has a dedicated section within its state code that outlines traffic regulations and rules, including those that apply to commercial vehicles. This code includes requirements for signaling, turning, and overtaking other vehicles, so your attorney may use these rules to help determine liability in your accident.
Georgia Code Title 40, Chapter 8 – Equipment and Inspection of Motor Vehicles
This section provides detailed regulations for all vehicle equipment and inspections. It defines the expectations for vital components like braking systems, lighting, signaling devices, and other safety-related components of commercial trucks.
Georgia Code Title 46, Chapter 7 – Motor Carrier Safety Regulations
Georgia’s state-specific motor carrier safety regulations address matters like driver qualifications and the safety standards for commercial vehicles. These regulations also touch on insurance requirements.
Georgia Code Title 46, Chapter 9 – Motor Carrier Compliance and Safety
Finally, this chapter delves into the legal requirements for motor carrier compliance, inspections, and audits. These rules are an essential way the state can ensure that trucking companies follow proper safety regulations, and any significant deviation may be considered negligence.
Determining Liability in Truck Accidents
Because these kinds of accidents typically involve multiple parties, it can be difficult to determine liability. Below are some parties most likely to be named in a truck accident injury claim or lawsuit.
The Truck Driver and Their Employer
In many situations, the truck driver may be responsible for the accident — often making their employer responsible by proxy. In these situations, the driver’s negligence can stem from actions like speeding, reckless (or distracted) driving, failing to obey traffic laws, or even driving under the influence.
Even in cases where the driver was a contractor, the full costs of the claim are likely to fall upon the contract-awarding carrier. In the minority cases where an independent owner-operator assumes liability, splitting liability between the contracting authority and other parties may be possible.
That said, a finding of negligence can just as easily fall directly upon the trucking companies. It’s their job to hire qualified drivers, properly maintain their vehicles, and adhere to state and federal regulations.
The trucking company may share some of the liability when accidents occur due to inadequate vehicle maintenance, unrealistic delivery schedules, or even inadequate driver training. This risk is why it’s so important to investigate the company’s practices and confirm their compliance with FMCSR.
The Truck, Trailer, or Safety Equipment Manufacturer
In some situations, truck accidents can be traced back to defects in the truck itself — or its components. Faulty brakes, tires, dangerous trailer designs, or other defective equipment can quickly lead to a catastrophic accident. In this way, a manufacturer may be held accountable if it’s determined that their defective part directly contributed to the accident.
A Contracted Maintenance Company
The road readiness of the truck, trailer, and equipment is ultimately up to the owner’s responsibility. That said, there may be situations where an equipment owner could not discover a maintenance issue or other problem through their own reasonable care.
If a maintenance contractor negligently performed work — or committed fraud by signing off on a procedure they didn’t actually do — they may assume liability directly.
Other Drivers Involved
If a truck accident involves multiple parties, they may each hold a portion of the fault. Each accident should be investigated in order to determine who caused a specific injury or contributed to the accident happening in the first place.
What Happens in a Truck Accident Investigation?
Establishing liability in truck accidents is a complicated process requiring extensive investigation and legal expertise. To explain what we mean, let’s walk through a step-by-step guide to determining liability in a truck accident.
Step 1: Investigation
Immediately after the accident, you’ll want to gather evidence, such as accident scene photographs and witness statements. This information will lay a strong foundation for your personal injury claim, but if you couldn’t gather extensive evidence immediately after the accident — worry not.
Your lawyer can also help you recreate the scene and track down any additional footage or other evidence that may be helpful to include, including the “black box” telemetry data recordings and any available dashcam footage.
Step 2: Reviewing Trucking Company Records
Next, your attorney will examine the trucking company’s records to ensure that they were complying with federal and state regulations (as well as the posted expectations for driver qualifications and vehicle maintenance) during your accident. Any non-compliance will become a critical factor in determining liability.
Step 3: Driver History and Conduct
You’ll also need to scrutinize the truck driver’s history of service, including their driving record, hours of service, and compliance with traffic laws. Your attorney will try to pull out any instances of negligence that will help strengthen your case.
Step 4: Gathering Expert Opinions
Your lawyer can tap into their network to recruit the help of accident reconstruction experts and medical professionals, who can help evaluate any injuries that occur. Their assessments are more likely to be trusted by insurers or juries, helping pinpoint who is liable for the accident.
Contact a Smyrna Truck Accident Law Firm
At the end of the day, the reality is that truck accidents are not something to take lightly. Due to the nature and size of these kinds of vehicles, it’s not uncommon for victims to experience much more serious injuries after a collision with a large truck.
Moreover, the property damage they incur can be significant. If someone else’s negligence is to blame, you shouldn’t be stuck paying the bill for repairs and medical bills.
If you’ve been involved in a truck accident, don’t hesitate to contact our team today. We can help you calculate the full cost of your damages and ensure that you’re fighting for a fair settlement.
New clients can call (470) 323-8779 or contact us online to speak with a team member today to learn how we can help you forge the best path forward.
