Accidents on Georgia’s roads happen every day, but not all crashes are the same. If you were injured in a collision with a commercial truck in Atlanta, you may already realize that truck accident cases are far more complicated than typical car accidents. From the severity of injuries to the complex web of liability, these cases require a deeper knowing of legal and insurance challenges. If you were hurt in a truck crash that was not your fault, knowing the differences between truck and car accident cases can help you understand the road ahead.
The Severity of Injuries and Damages
One of the biggest differences between truck and car accidents is the level of damage and injuries involved. A fully loaded commercial truck weighs as much as 80,000 lbs., while the typical passenger car weighs around 3,500 lbs. When a truck collides with a car, the force of impact is significantly greater, leading to severe or even catastrophic injuries.
Injuries from truck accidents often include traumatic brain injuries, spinal cord damage, broken bones, internal injuries, and extensive soft tissue damage. Many victims require long-term medical treatment, rehabilitation, and even lifelong care. The financial impact is also much greater, as medical bills, lost wages, and other damages pile up quickly. Because of this, the compensation needed in truck accident cases is often much higher than in car accident claims.
Federal and State Regulations for Trucks
Unlike regular car accidents, truck accidents involve a complex set of federal and state regulations. The Federal Motor Carrier Safety Administration (FMCSA) has strict rules that trucking companies and drivers must follow, including regulations on hours of service, maintenance requirements, driver qualifications, and cargo loading procedures.
Georgia also has its own trucking laws, which add another layer of complexity to these cases. Trucking companies and their insurers will often look for ways to argue that they followed regulations, making it difficult for victims to prove negligence. Knowing these rules is crucial when determining liability in a truck accident.
Multiple Parties May Be Liable
- The truck driver: If the driver was fatigued, distracted, speeding, or otherwise negligent, they can be held responsible.
- The trucking company: Employers are responsible for ensuring their drivers are properly trained and follow all safety regulations. They can also be held liable for negligent hiring practices, failing to maintain trucks, or encouraging unsafe driving behavior.
- The cargo loading company: If a truck was improperly loaded or overloaded, shifting cargo can cause accidents. The company responsible for loading the truck may be liable.
- The truck manufacturer or maintenance provider: Mechanical failures, such as faulty brakes or defective tires, can lead to serious crashes. If a defective truck part or improper maintenance contributed to the accident, those responsible can be held accountable.
Because of the number of potential defendants, truck accident cases require extensive investigation to identify all responsible parties.
Insurance Policies and Coverage Challenges
Another major difference between truck accidents and car accidents in Georgia is the insurance coverage involved. Commercial trucking companies are required to carry much higher insurance limits than individual drivers. A commercial truck’s liability policy can range from hundreds of thousands to millions of dollars, depending on the type of cargo and the company’s specific requirements.
While higher coverage limits mean the potential for greater compensation, they also mean the insurance companies will fight harder to minimize payouts. Trucking insurers have aggressive legal teams that work to protect their bottom line. They may try to shift blame onto the victim, argue that the injuries were pre-existing, or attempt to settle for far less than what the victim actually needs. Handling these insurance battles can be extremely challenging, especially while recovering from serious injuries.
The Need for Extensive Evidence and Investigation
Because truck accidents are more complex than car accidents, they require a thorough investigation and substantial evidence to build a strong case. Gathering this evidence takes time and requires access to specialized information, including:
- The truck’s black box data: Commercial trucks are equipped with electronic logging devices (ELDs) that record speed, braking patterns, and driving hours. This data can provide critical evidence of driver fatigue, speeding, or other violations.
- Driver logs and employment records: If a truck driver violated hours-of-service regulations or had a history of unsafe driving, these records can support your case.
- Maintenance records: Poor truck maintenance can lead to mechanical failures. Reviewing maintenance logs can help determine if negligence played a role.
- Cargo records: If improperly loaded cargo contributed to the crash, records of how the truck was loaded may be necessary.
- Surveillance footage and eyewitness testimony: Video evidence and witness statements can help show how the accident occurred and who was at fault.
Trucking companies and their insurers often try to withhold or destroy evidence that could be damaging to their case. Acting quickly to preserve evidence is crucial in these situations.
Atlanta Truck Accident Lawyer
If you were injured in a truck accident in Atlanta because of someone else’s negligence, you deserve justice and full compensation for your injuries. However, these cases are far more complicated than regular car accidents, and trucking companies and insurers will do everything they can to reduce or deny your claim. You do not have to face this fight alone.
The experienced Atlanta truck accident lawyers at Butler Kahn can help you understand your legal rights and pursue the compensation you deserve. Our Atlanta truck accident lawyers know how to handle complex truck accident cases, gather critical evidence, and stand up to powerful insurance companies. To discuss your case and explore your legal options, contact Butler Kahn by calling (678) 940-1444 or contacting us online for a consultation.
