Atlanta Truck Accident Lawyer

Truck Accident Lawyers Serving Clients in Atlanta, Georgia

Truck accidentWith offices located throughout Georgia, Simon Bridgers Spires specializes in helping families dealing with serious injuries and cases involving wrongful death. Our approach is focused on attentive listening to ensure that we understand and align our efforts with your goals.

While many attorneys in Georgia claim to handle commercial vehicle accidents, choosing the right course of action requires genuine expertise in the field. With extensive experience defending truck drivers after accidents, Mr. Simon brings eight years of experience representing trucking companies and their insurance providers. Over time, he has shifted 40% of his legal focus to advocating for truck accident victims against these entities.

An experienced Atlanta truck accident lawyer specializing in commercial vehicle accidents understands the importance of initiating lawsuits for significant cases. Taking legal action is crucial as it provides access to discovery and subpoena powers, revealing vital operational records of the trucking companies. In handling multimillion-dollar cases, the value of retaining a former industry insider becomes evident, as they have the insight to uncover the deception that may obscure the true practices of certain trucking companies from the jury.

Atlanta Truck Accident Attorneys Helping Truck Accident Victims

In the US, about 70% of goods are moved by trucks and commercial vehicles, which means there’s a significant dependency on them. However, this reliance also brings risks. The National Highway Traffic Safety Administration (NHTSA) reports hundreds of thousands of truck-related accidents yearly. For those involved in such accidents, seeking fair compensation becomes crucial. In these cases, it’s important to have skilled legal professionals, like our knowledgeable Atlanta truck accident attorneys, to help navigate the legal complexities and ensure victims get the compensation they’re entitled to.

Truck Accidents Are Much Different Than Auto Accidents

Tractor-trailer accidents in Georgia pose unique challenges, requiring the expertise of a skilled lawyer to protect the case’s value. Truck accidents in Atlanta are complex due to various factors.

Firstly, interstate trucking companies must adhere to strict regulations set by the Federal Motor Carrier Safety Administration, outlined in the Federal Motor Carrier Safety Regulations. Mastering these regulations takes years of study because violating them can significantly affect liability cases, potentially leading to charges of negligence per se. This legal principle holds that disregarding safety regulations implicates the trucking company to some degree.

Truck rolled overAdditionally, modern semi-trucks come equipped with advanced computer systems similar to aircraft “black boxes,” as well as onboard radar and satellite tracking capabilities. These technological features offer objective insights into the causes of accidents, countering any misleading narratives from drivers. Moreover, reconstructing commercial vehicle collisions requires the expertise of engineers with specialized skills, typically accessible through experienced truck accident lawyers.

 

Furthermore, comprehensive legal representation involves deposing the driver and risk manager under oath, along with a thorough review of operational documents before considering any settlements. Unlike typical car accident cases, handling truck accidents in Georgia requires a lawyer well-versed in this intricate field. At our firm, we prioritize understanding your concerns and ensuring you’re fully informed about your case’s options before making any decisions.

Why Should I Hire a Truck Accident Lawyer?

If you’ve been involved in a truck accident in Atlanta, you might be wondering if hiring a lawyer is necessary. The truth is, having a truck accident lawyer on your side can make a significant difference in the outcome of your case. Here’s why you need one:

Understanding the Law
Truck accident cases involve specific laws and regulations that differ from other types of accidents. Our Atlanta truck accident lawyer knows these laws inside and out. They can help you understand your rights and ensure that you receive the compensation you deserve.

Investigation and Evidence Gathering
Truck accidents often require a thorough investigation to determine liability. A skilled Atlanta truck accident lawyer will know how to gather evidence, such as witness statements, police reports, and electronic data from the truck’s black box. This evidence is crucial in proving fault and holding the responsible parties accountable.

Dealing with Insurance Companies
Insurance companies are notorious for trying to minimize payouts to accident victims. A knowledgeable truck accident attorney can handle negotiations with insurance companies on your behalf. They know the tactics insurers use to reduce settlements and can fight for fair compensation.

Medical Treatment and Documentation
Truck accidents can result in serious injuries that require extensive medical treatment. A lawyer can help you navigate the process of obtaining the necessary medical care and ensure that your injuries are properly documented. This documentation is essential for proving the extent of your damages.

Maximizing Compensation
In addition to medical expenses, truck accidents can result in other damages such as lost wages, pain and suffering, and property damage. An Atlanta truck accident attorney will work to maximize your compensation for all of these losses. They will assess the full extent of your damages and fight for fair compensation to cover your expenses and hardships.

Court Representation
If your case goes to court, having truck accident lawyers by your side is essential. They will represent you in front of a judge and jury, presenting evidence and arguments to support your Atlanta truck accident claim. Their experience in the courtroom can make a significant difference in the outcome of your case.

Peace of Mind
Dealing with the aftermath of a truck accident can be overwhelming, especially if you’re dealing with injuries and financial losses. Hiring our truck accident lawyers allow you to focus on your recovery while they handle the legal aspects of your case. Knowing that you have a skilled advocate fighting for your rights can provide peace of mind during a challenging time.

Truck Accident with car

Common Causes of Commercial Vehicle Accidents

Commercial vehicle accidents in Atlanta can be attributed to several common causes that pose risks to both drivers and pedestrians. Understanding these causes is crucial for promoting road safety and reducing the occurrence of accidents.

  • Driver fatigue: Long hours on the road can lead to exhaustion, impairing a driver’s ability to react swiftly to changing traffic conditions. Fatigued drivers may experience reduced concentration and slower reflexes, increasing the likelihood of accidents, especially on highways and interstates.
  • Distracted driving: With the prevalence of smartphones and other electronic devices, drivers often succumb to the temptation of texting, browsing the internet, or making calls while behind the wheel. These distractions divert attention from the road, making it difficult to anticipate and react to potential hazards.
  • Poor vehicle maintenance: Neglected maintenance can lead to mechanical failures such as brake malfunctions, tire blowouts, or steering problems, significantly increasing the risk of accidents. Regular inspections and maintenance checks are essential to ensure that commercial vehicles are in safe operating condition.
  • Unsafe driving practices: Excessive speed reduces the driver’s ability to control the vehicle and increases the severity of collisions. Reckless maneuvers, such as sudden lane changes or tailgating, further escalate the risk of accidents on busy city streets and highways.
  • Weather conditions: Particularly during inclement weather such as heavy rain, fog, or snow, reduced visibility and slippery road surfaces make it challenging for drivers to maintain control of their vehicles. This increases the likelihood of collisions. Drivers must adjust their driving behavior and exercise caution when navigating through adverse weather conditions.
  • Inexperienced or improperly trained drivers: Lack of familiarity with commercial vehicles or inadequate training in handling specific driving situations can lead to errors and accidents. Employers must ensure that their drivers receive comprehensive training and possess the necessary skills to operate commercial vehicles safely.

Safety Regulations for Commercial Vehicles

These Federal regulations govern:

  1. The hiring process and requirements,
  2. Annual safety reviews on the drivers,
  3. Inspection and maintenance requirements for the tractors and trailers,
  4. The number of hours the driver can safely drive,

Let’s discuss how each of these areas must be scrutinized when a client has been injured by a negligent Georgia truck driver.

The Hiring Process
A trucking company is required under Section 391.21 to maintain a complex application called a driver qualification file. They are required to inquire as to:

  • prior driver’s licenses;
  • the applicant’s experience;
  • list of all crashes in the prior three years and any injuries it caused;
  • list of all traffic tickets for the past 3 years;
  • explanation of prior license suspension;
  • list of the prior employers for the last three years including the reason for leaving;

The trucking company is required to send out faxes to the prior employers to learn whether the driver had safety or substance abuse issues. In my experience, the smaller trucking companies tended to partially or completely ignore these safety requirements and the result is unsafe truck drivers.

The trucking company is required to send a request to the department of motor vehicles for a three year prior driving history and this request has to be refreshed every year on the anniversary of hiring. Many carriers either neglect this requirement completely or don’t bother looking at the results.

The trucking company is required to give the truck driver a medical exam to make sure his health does not pose a medical risk to the motoring public.

A number of trucking companies fail to conduct their annual reviews and leave drivers on the road that should be disqualified. For instance, below is a list of the infractions that will disqualify a trucker for at least a year, and yet every year we see ineligible drivers killing and maiming Georgia families in trucking crashes. The following offenses under Section 391.15 will prohibit a Georgia trucking company from hiring or retaining a truck driver:

  1. Driving a commercial vehicle while under the influence of alcohol. They are excluded if the person’s alcohol concentration is 0.04% or above or if they refuse to undergo testing (what we call a less safe DUI in Georgia)
  2. Driving a commercial motor vehicle while on a Schedule I controlled substance (speed, cocaine etc) ;
  3. Transportation, possession, or use of a 21 CFR 1308.11 Schedule I drug.
  4. Leaving the scene of an accident while operating a commercial vehicle; or committing a felony while using a commercial vehicle.
    Commercial vehicle drivers in Georgia are suspended for a period of 1 year for their first offense. Subsequent offenses will bar them for three years or longer.

Annual Safety Reviews
Under §391.25, the Georgia trucking company is required to make an annual review of the driver’s record including:

  1. Asking the DMV for the MVA for each driver;
  2. Every 12 months they have to sit down with the driver and review the driving record;
  3. The company should look at evidence that the driver has violated any laws, especially speeding, reckless driving, and operating while under the influence of alcohol or drugs. ( This is one of the areas we often explore to determine if this driver should have been on the road at all)

As you can imagine, with these types of administrative requirements, smaller trucking companies tend to miss these requirements and when those mistakes lead to putting unsafe truck drivers on Atlanta roads, the results can be devastating.

Inspection and Maintenance
Under §396.3, “…every motor carrier shall systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles…” The trucking company is also required to maintain a record of what was inspected, by whom and when for at least a year.

In addition to the company requirements, the driver has to conduct a pre-trip inspection before every trip and there are strict post-trip requirements as well. Under §396.11, the company shall require the driver to prepare a report in writing at the completion of each day’s work on each vehicle operated. The report has to cover brakes, steering, lighting and reflectors, tires, horn, windshield wipers, mirrors, wheels and rims and emergency equipment.

Hours of Service
Truck with reduce speed signTruck drivers in interstate commerce can only drive a limited number of hours per day and per week. These rules were promulgated to keep tired truck drivers off the road. Under section 395.3, truck drivers cannot legally drive more than 11 cumulative hours following 10 consecutive hours off duty. They also cannot drive for any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty. The driver cannot drive if they have been on duty 60 hours in any 7 consecutive days; or have been on duty 70 hours in any period of 8 consecutive days. This provision does reset if there are 34 hours of consecutive rest. Truck drivers are required to record their hours of service every day. Some large trucking companies do this electronically, but most carriers still use paper logs. An experienced truck accident lawyer will compare the logs to the dispatch records to see if the driver has a pattern of speeding or if they are faking their paperwork.

Talk to our Atlanta Truck Accident Lawyer Today

If you’ve been hurt in a commercial truck accident, it’s important to know you might have options to seek compensation for the harm you’ve experienced. This could cover your medical bills, both present and future, resulting from the accident. Additionally, any property damage from the incident, like repairs to your vehicle, may also be considered for compensation.

In cases involving truck accidents, proving negligence and adhering to legal time limits for filing your claim are crucial. Our skilled and caring legal team is here to help you when you need it most. Dealing with injuries from an accident is inherently stressful. Let us help ease some of that burden, allowing you to focus on your recovery and getting your life back on track.

The legal team at Simon Bridgers Spires has the skills to handle complicated claims. They’re experienced Atlanta lawyers specializing in truck accidents. You can have a free initial consultation to discuss your worries and queries. Book your consultation by calling (404) 259-7635 or filling out Mr. Simon’s online contact form for a callback.