Atlanta Truck Accident Attorney

When a truck wreck occurs, injured people are often confused and overwhelmed at what they can do now. There are a lot of uncertainties after a truck accident occurs. Can you afford your medical bills? How long will you be out of work? After getting injured in a car accident, you have a lot of things that you need to worry about. Working with an attorney that specializes in truck accidents can help ensure that you get the compensation that you deserve.

How Truck Accidents are Different from Auto Accidents?

Due to the sheer size of trucks, the most significant difference between truck accidents and auto accidents is that these accidents are far more serious. You are more likely to die in a truck accident than a car accident. When someone is in a passenger car, they have all types of things that keep them protected. They have airbags and seatbelts, as well as crumple zones that keep passenger cars safe. A truck, between the sheer size and weight of the truck can obliterate any of these protections that you may otherwise have in a car when an accident occurs.

When a truck causes an impact, the parts of the car can become completely dislodged, causing the jagged parts to fly into where the passengers are, leading to puncture wounds. That’s if you’re lucky. In other situations, the injuries can be far more catastrophic than you would find in typical automobile accidents.

Even when trucks are traveling at slower speeds, these types of accidents can cause significant injuries. Think about when a typical passenger car gets in an accident at slow speeds, often time people walk away unscathed or just have minor injuries. Now, if a truck hits a car at the same speed, this can lead to a chain of events that causes far more severe injuries.

Size is not the only thing that makes trucks accidents different from auto accidents. Other ways that truck accidents differ from auto accident include:

Some Truckers are “Independent Contractors”

When you get in a car accident with another driver, you only have to worry about the other driver. With a truck, you have to worry about the driver and the company that they work for. Unfortunately, things aren’t always as cut and dry as they would be with a car accident. The company can claim that the truck driver was an independent contractor to get out of any liability for the accident.

By working with a reputable attorney who has experience with these types of cases, they won’t fall for this excuse. They can get down to whether or not the truck driver was actually and independent contactor or was operating as an employee of the trucking company.

The Different Liable Parties

In the case of trucking accidents, there may be more than just the truck driver and the trucking company that can be liable for the accident. Other potentially liable parties include cargo loaders, suppliers, and the companies that manufacture truck parts. The more potentially liable parties, the more complex these cases may be. But this also means that you get more opportunities to receive the compensation that you deserve for your injuries.

Specific Rules and Regulations for Truckers

There are specific rules and regulations that truck drivers and the trucking company must comply with. These rules include how many consecutive hours the trucker can drive. There are various other types of regulations that include the other aspects to trucking including the maintenance of the trucks and loading cargo. If any of these regulations were not followed, then the accident victim can file a claim against the trucking company for their negligent practices.

“Direct Action”

During typical car accident cases, juries aren’t told about insurance because it goes against the rules of evidence. Trucking cases don’t have to abide by the same rules of evidence, so the injured party can sue not only the trucking company and the trucker, but they can also sue the insurance company. When the party sues the insurance company, this is referred to as “direct action.”

Licenses

Truck drivers need to have special licenses before they can drive a truck. Every truck driver is required to get a commercial driver's license that is specifically made for truckers. If you find out that the truck driver did not meet these requirements, including ensuring that they have the proper licenses, then the trucking company may also have some liability in your accident. This is because they could be guilty of negligent practices for their hiring and training, meaning that the driver shouldn’t have been on the road to begin with.

Why Do You Need an Attorney After a Truck Accident in Atlanta?

Truck accidents are highly complex cases, which is why it’s essential that you have an experienced lawyer on your side. They know how to best navigate through cases like this. This is important because truck accidents can lead to severe injuries and potentially even death. These are devastating injuries that require an expert to ensure that you get the outcomes that you deserve for your case.

An attorney can walk you through the various steps of your lawsuit, helping you through the process of recovery and every step of your trial. Truck accident lawyers have an expansive network, which helps to best represent you in your case. This includes experts in their industry, who can help you get the best representation in your legal case.

If you were in a truck accident, you absolutely need to make sure that you get a lawyer on your side. They can ensure that you get the best outcomes possible for your case.

Who are the Potentially Responsible Parties in a Truck Accident?

If you were in a truck accident that was as a result of someone else’s negligence, then you do have rights. You can get financial compensation if the truck accident was their fault. As previously mentioned, these types of accidents can lead to some potentially serious car accidents due to the size difference between a truck and a car. If the trucker was the negligent party, you can go after them and the various other parties associated with the truck driver to get the compensation that you deserve.

Who can be potentially responsible in a truck accident? Here are the various parties that could potentially be held responsible for your car accident:

• The trucker
• The trucking company who employs the trucker
• Manufacturers in case of truck having defective parts
• Company responsible for loading cargo
• Party responsible for truck maintenance

Any of these parties could be held liable for the trucking accident. A truck accident lawyer can help you determine which parties can be held responsible for your trucking accident. If there were multiple parties responsible, you have a better chance of recouping the money that you are entitled to cover all of your damages.

Common Causes of Truck Accidents

What typically causes a truck accident? Every accident does have their own unique considerations and circumstances, but there are some common causes that can be responsible for truck accidents. This section will take a closer look at the various common causes of a truck accident.

Cargo Improperly Loaded on the Truck

There needs to be a great deal of care taken when it comes to loading the cargo on a truck. If the cargo on the truck is not properly loaded, then this can lead to some very serious injuries. For instance, if the cargo weren’t loaded properly it can lead to the weight in the trailer shifting in such a way that the truck tips over and could crush a car driving next to the truck. There are plenty of bad things that can happen when the cargo isn’t properly loaded.

Blind Spot/No-Zones

In many situations, a truck accident happens when a car finds themselves in the blind spot of the truck. A blind spot on a truck is also known as a “no-zone”. Big trucks often have a lot of blind spots all along the truck, especially in the front and back. These can also span across the whole lane of traffic on either side of them.

Fatigue/Impairment

Anytime you get behind the wheel, whether it’s a car or a truck, there’s a danger when you get behind the wheel while fatigued or impaired. This can be especially dangerous when you consider the massive size of a truck. Drivers who are fatigued and/or impaired have slower reaction times and can fail to make the right decisions while they are out on the road. Truck driver fatigue has been a major topic of conversation these days, as the news keeps emphasizing cases of truck drivers causing accidents due to fatigue.

This has led to more and more regulations on how long a trucker can stay on the road without taking a break. When a truck driver or the trucking company fail to follow these rules, they can suffer some significant consequences for any accident that occurs as a result of their negligence.

Speeding

Speeding is another common cause for both truck accidents and car accidents. But again, the consequences of the accident can be far more severe when it comes to a truck accident versus a car accident. Trucks take a longer time to slow down and stop, due to the size and weight of the truck. If the truck cannot stop in time to prevent an accident, this can lead to the truck getting into a jackknife accident or a roll-over accident. These can be particularly devastating accidents that can cause a lot of damage and lead to loss of life.

Trucks That are Not Properly Inspected or Maintained

The trucker and/or the trucking company is responsible for inspecting and maintaining their truck. This is to ensure that the truck is safe enough to take on the road, particularly when it comes to longer hauls. If the inspections are not done properly and the trucks are properly maintained, they can more likely be found at fault for the trucking accident.

Various aspects of the truck must be inspected before the trucker goes out on a job. These things that need to be inspected include:

• Cargo
• Brakes
• Steering
• Reflective tape
• Tires
• Mirrors

When these things are properly inspected, this can lead to a very serious truck accident.

Investigation of Tractor-Trailer Accidents

It’s important to make sure that there is a thorough investigation after a tractor-trailer accident. Your legal team needs to prove that the truck accident was caused by the negligence of the trucker and/or the trucking company. It is hard for individuals to handle this investigation themselves, especially because they may not know what they should be looking for. An experienced and reputable legal team knows not only what evidence you need to prove your claim, but it can also get the best evidence to strengthen your case.

Here are some of the different types of evidence that can help you best prove your claim:

• Police Report

Since the police should be called in the case of any truck accident. The police report comes from an unbiased party and offers their observations about the truck accident in great detail. The police report will include where the accident happened, statements and contact information from any witnesses, and any other relevant information that can determine the cause and fault of the truck accident.

• Surveillance Videos

Traffic cams, dashboard cams, and cameras located at any nearby businesses can offer incredibly valuable insight to what really happened in the truck accident. This evidence is incredibly strong, showing what incidences have led up to the accident. With video evidence, the jury can see exactly what happened, helping them determine who was at fault for the truck accident.

• GPS Tracking/Driving Log

According to regulations, truckers are required to log how many hours they drive daily. The trucking company that they work with will also record and keep data from the GPS on their drivers. Between these bits of information, the legal team can really scrutinize whether or not the trucker was following the regulations when they were driving.

• Black Box Data

EDR data, also known as the black box data, offers essential data for your truck accident claim. This electronic data recorder data can show exactly what the trucker was doing prior to the truck accident taking place. It can show how fast the truck was driving, whether or not the trucker applied the brakes, if the trucker tried to swerve, and various other crucial details about the truck accident that can be hard to discover without this data.

• Damage to the Vehicle

The severity of the damage caused to the vehicle by the truck is a major bit of evidence for your case. All of the visible damage to your car as well as any damage to the truck can give great insight into how the accident may have occurred.

• Toxicology Results

Was the truck driver under the influence of drugs and/or alcohol at the time of the accident? If there was any suspicion of the truck driver being under the influence during the truck accident, the police officer would have likely performed a field sobriety test on the trucker. If the police officer determined that the trucker was intoxicated, this is an essential piece of evidence to prove your claim. It can be even stronger evidence if there was a toxicology report completed on the truck driver.

• Medical Records

Your medical records are not only essential as a way to prove how much compensation that you deserve, but it can also help prove that you were seriously injured in your car accident. This is why it is so important that you seek out medical help after your truck accident. It not only helps you get the medical treatment that you need as soon as possible after your accident, but it also proves that you were actually injured during your truck accident. By refusing medical attention, this can make it seem like you weren’t as seriously injured as you claimed that you were.

These are just some of the types of evidence that can really have a positive influence on the outcomes for your case. Your lawyer can help you obtain a lot of this evidence, but there is evidence that you can help gather for them including your medical records and any photographs or videos that you may have taken while you were on the scene of the accident.

Compensation that You are Entitled to in a Truck Accident Case

A common question that accident victims have is what type of compensation that they may be entitled to in their truck accident cases. There are both economic and non-economic damages that a victim may be entitled to as a result of the truck accident. The different types of compensation that you may be entitled to after your car accident can include:

• Past/Current Medical Bills

When a truck accident happens and the trucker or trucking company were responsible of your accident, you are entitled to recover the costs of any past or current medical bills that are associated with your truck accident. Even if you have health insurance, they could get the total amount of their medical bills and not just their out-of-pocket costs. However, if you do recover more than just your out-of-pocket costs you may be required to pay back the insurance company.

• Future Medical Bills

In the case of more serious injuries, you can also recover the costs of any future medical bills that you may incur due to the truck accident. If you need additional surgeries or in-home nursing care, you will definitely appreciate the extra help to cover these costs. You will need to get estimates for these additional treatments and services that you need to have to recover from your injuries.

• Pain and Suffering

Pain and suffering can be hard to prove in a truck accident case, but it can be something that can seriously impact your life. If you have long-term pain, you can be entitled to pain and suffering compensation. For instance, spinal injuries can have a long-term (even lifelong) impact on your quality of life. There are different types of injuries that can lead to arthritis at the location of the injury. Arthritis can be painful and debilitating as time goes on. Past and future pain and suffering can be something that you could potentially be compensated for during your case.

In extreme situations, you may be able to get punitive damages for the truck accident. This can be one of the hardest things for you to be compensated for in your case against the trucker or trucking company. Punitive damages are used to punish the liable party’s malice, wantonness, willful misconduct, or some other display of an action that there was a complete lack of care taken by the liable party. Your lawyer will let you know whether or not punitive damages are something that you should pursue in your case.

The exact amount of money that you can recover in these types of accidents can vary from case to case. Each individual case has their own different circumstances, such as the severity of the injuries, which can determine how much you can recover. The more severe and costly your damages are, the more money that you can recover in your case. Your lawyer will have standard calculations that they go buy in order to determine how much compensation is fair for your specific situation.

Common Injuries Caused by a Truck Accident

Medical bills can be financially devastating after a truck accident. The injuries can cause you to have medical bills that will add up a lot more quickly than you may think that they will. After a truck accident, you need to seek out medical attention as soon as possible. Even if you don’t think that you have suffered any injuries, you could just be in shock and may not realize that you are actually far more injured than you feel. There may also be internal injuries that you don’t notice, which can lead to you becoming even more seriously injured or even lead to death.

This section will take a closer look at some of the most common injuries that you may come experience as a result of a truck accident.

Back/Neck Injuries

The sheer amount of force that can be caused in a car accident can lead to serious injuries to your back and neck. These injuries include:

• Whiplash

Whiplash is an injury when the head is forcefully pushed forward and backwards in a very quick motion. Typically caused in rear-end truck accidents, this type of injury can mean that you have torn tendons, muscles, or ligaments in a person’s neck.

• Slipped/Herniated Disc

The spine is a fragile part of the human body, which consists of 24 vertebrae, which are cushioned by discs that are strong and elastic. The force of a truck accident can cause these discs to rupture or tear (which leads to herniated discs) or the discs can shift out of their proper place (leading to slipped discs). These can be extremely serious and painful issues, which can take sometimes a month or two before you can feel pain-free.

Broken Bones

The force from any accident can lead to broken bones. Because of the force in a truck accident, the passenger in the car could end up thrown, crushed, or pinned between the door or dashboard. This leads to serious trauma to the bones in the body, especially in the legs, arms, spine, rib, and skull. These fractures are more likely to be pretty serious, which means that they could require surgery in order to properly repair them. As a result of these surgeries, the truck accident victim can end up having to go through rehab as well for part of their recovery process. There’s also the concern that broken bones can become infected as well.

Head/Brain Injuries

Traumatic brain injuries can be among the most significant car accident injuries. These can be among the leading causes of not only hospitalizations after a truck accident, but also a common cause of death in a truck accident.

Traumatic brain injuries can be classified into two different categories: open and closed. When talking about closed brain injuries, this is where the external brain injury doesn’t cause any penetration into the skull into the victim’s brain. This type of injury can be particularly serious, leading to bleeding and/or swelling in the brain, which is potentially a deadly injury. An open injury is where the object can penetrate the skull, piercing the brain.

Symptoms of a traumatic brain injury includes:

• Confusion
• Headaches
• Fatigue/drowsiness
• Nausea/vomiting
• Memory/concentration issues
• Sensitivity to sound/light
• Changes in mood or mood swings
• Significant changes in sleep patterns

These are only some of the symptoms of a traumatic brain injury that you should watch out for. These types of injuries can sometimes sneak up on you, which means that it can be too late to treat these injuries by the time you seek out medical assistance. This is why it’s so important to seek medical attention as soon as possible after any accident. The ER staff will do a thorough examination to ensure that you do not have a traumatic brain injury after your truck accident.

Burns

Because of their size, trucks require a lot more fuel than a regular automobile. They typically require between 125 and 300 gallons of fuel. This means that there is a major risk of burns due to the massive amount of flammable liquid required to fuel the truck. The impact of the truck into the car can cause flames, which can set the cargo on fire as well as the truck and any other vehicles impacted by the car accident.

The explosions or fire can cause burns. Burns are classified as first, second, or third-degree. The least severe of the burns is a first-degree burn, which can sometimes be resolved without any medical intervention. A second-degree burn can lead to a lot of pain and blistering, which makes them more serious. These can sometimes be handled without medical attention, but they may also require medical attention to heal properly. The most severe type of burn is a third-degree burn. These can lead to nerve damage, dead tissue, and scarring in the best-case scenario, and could potentially lead to death in more severe situations.

Internal Injuries

Internal injuries are also something that you really have to watch out for in a truck accident. You may not realize that you have internal injuries. This can lead to death if these are not treated as soon as possible. The internal injuries are caused because of the violent way that the body can be thrown into the different parts of the vehicle or any objects that may be in the vehicle. Internal injuries include:

• Broken ribs/rib fractures
• Internal bleeding
• Pneumothorax injuries (the lung gets punctured, leading to the lung to collapse and air to fill the chest cavity)
• Abdominal aorta aneurysm (the stomach gets compressed or crushed, leading to a ruptured artery)
• Liver/kidney damage
• Spleen rupture

Again, seeking out medical attention right away as soon as possible is really important after these types of accidents. The medical team can quickly identify and begin proper treatment to ensure the best outcomes for your injuries.

What to Do After a Truck Wreck in Atlanta

What happens after a truck accident can have a major impact on the outcomes of your case. There are things that you can do immediately after a truck accident that can have a positive impact on your case.

Here are things that you should do immediately after you have been in a truck accident:

• Call Emergency Services

As long as you are able to do so, you should immediately call 9-1-1. This will ensure that medical help and the police will come as soon as possible to your accident site. The police will take down a police report of the accident, including taking the statements from any witnesses of the accident that they can. The medical help will examine you and transport you to the hospital so that you can get a more thorough examination and can get the treatment that you need for your injuries.

• Be Sure to Stay at the Scene of the Accident

It’s important that you stay at the scene of the accident until emergency services have arrived. If possible, you can try moving your car out of the way to make sure that you’re limiting how much the accident is impacting the area where the accident has occurred. But you should make sure that you leave your car in the position that it was when the accident happened so that you can preserve as much evidence as possible. If you leave the scene of the accident before law enforcement shows up, the police report will not look positively on you. You will want to be there to explain your side of the story and answer any questions that the police officer may have about the truck accident.

• Exchange Insurance and Contact Information

You should make it a priority to exchange contact information and insurance information with every party that was involved in the car accident. You should not only get the contact information from the trucker, but also the trucking company that they work for. This information can be useful for your lawyer to contact other parties as they work on your case.

• Take Photos and Videos of the Accident Site, If Possible

If you are able to get up and walk around, it’s a good idea for you to take the time to get plenty of photographs of the accident site. You can also walk around filming video of the aftermath of the truck accident. You want to look for things like skid marks or any other essential pieces of evidence that could be beneficial to your case. This includes making sure that you photograph your injuries and the damage to your car and other property.

• Contact an Atlanta Truck Accident Attorney as Soon as Possible

Finally, it’s important to get into contact with an attorney as soon as possible after your accident. There are a few reasons for this. For one thing, you want to make sure that your case doesn’t fall outside the statute of limitations. If it does, then you will not be able to receive compensation for your injuries.

Another reason why this is so important is because evidence can be damaged or lost after some time. You want to make sure that you can access all of the evidence before it gets accidentally or purposefully lost. The more viable evidence that you have, the more successful your claim will be.

You also want to make sure that the attorney gets involved as soon as possible because of witness statements. After some time, your witnesses may forget what happened causing their story to change. This can reflect poorly upon you in your case. However, an attorney can make sure that the witness is asked questions on camera or get a signed witness testimony of what happened.

Lastly, the damages and injures caused by a truck accident can be pretty significant. This means that you can greatly benefit from getting your compensation as soon as possible.

You have to remember that the trucking company will have some pretty heavy-hitting attorney’s fighting for them. Anything that you can do that can improve your chances of winning your claim is worth taking the extra steps to do. By following these steps and getting a lawyer, you can end up with much better results in your specific case.

Hiring an Atlanta Truck Accident Attorney

A common point that you keep seeing throughout this article is the importance of having a reputable lawyer by your side during your truck accident case. The severity of these injuries and the potential for long-term impact means that it is crucial that you get an experience legal team on your side to fight for you. This is a stressful and overwhelming time, one worsened by the financial, emotional, and physical devastation that these types of accidents can cause.

But how do you choose the right attorney for your situation? This section will take a brief look at how to choose the best truck accident lawyer in Atlanta for your case.

• Find a Lawyer that Specializes in Litigating Truck Accident Cases

One of the most important things for you to look at when hiring an Atlanta truck accident attorney is to make sure that you are hiring one that specializes in this field. There are a lot of complexities and nuances that come with these types of cases, which is why this specialization can be extremely helpful to you. This will ensure that you have the best representation possible because the trucking company definitely will.

• Look for Experience

With cases as important as this, you don’t want some newbie to the industry. You want a lawyer that not only specializes in these cases but has many years of experience. This experience can make a huge difference when working out a settlement, especially if the case needs to go to court. They will have the knowledge and experience to know the best approach to get you the compensation that you deserve.

• Only Work with a Reputable Lawyer

Experience and specializations as a truck lawyer matters, but it’s also important to stick with a lawyer who has a great reputation in the industry. They need to have the proper licenses, but you can also look around to see which one has the best reviews.

This advice will help you pick a lawyer that will be willing to fight for you, with your best interests at heart.

Hiring a truck accident attorney can be the best thing that you do for yourself. They can help you get the compensation that you are entitled to. From pain and suffering to medical bills, you are entitled to be compensated for any damages that you may be suffering from as a result of the truck accident. There are unique circumstances around truck accidents, which is why it’s important to find a lawyer that has experience in these types of cases.