On the road, tractor-trailers can drive like bullies. In the courtroom, we turn the tables.
Each day, for-profit trucking companies send out 80,000-pound, 80-foot-long tractor-trailers to drive hundreds of miles on the same highways that you and I use. Whether you call them tractor-trailers, 18-wheelers, or semi-trucks, they can’t stop as fast as most vehicles, can’t turn as quickly, and are sometimes on the road for 10 hours or more per day.
Our country gives truck companies the privilege of using public highways to make a profit, but that privilege comes with responsibility: truck companies must not endanger private citizens.
But sometimes these large vehicles cause serious accidents that hurt people. These injuries may affect truck accident victims for the rest of their lives. Hiring a knowledgeable and dedicated Georgia truck accident lawyer who understands how to hold truck companies accountable is important.
Common injuries sustained in truck accidents include:
Potentially liable parties in a truck crash case may include:
After being injured in a truck accident in Georgia, it is crucial to get help from an experienced attorney. A seasoned lawyer will understand how to investigate your situation and identify all the liable parties.
Truck accident investigations are different because there are certain types of evidence that are unavailable in cases involving only cars, but could be present in a truck crash. Examples of types of evidence that could make a difference in your case include:
When a tractor-trailer driver is negligent or reckless and causes injuries to another driver, the hurt driver is entitled to compensation. Most truck accident cases settle before trial, so the injured person normally receives a settlement. If the case does not settle before trial, then the jury will render a verdict that sets the compensation to which the victim of the tractor-trailer accident is entitled.
Under Georgia law, the victim of a trucking accident is entitled to compensation for various losses, usually called “damages.” Types of truck accidents damages for which a victim should be compensated include:
Trucking companies and their insurers almost always pay truck accident settlements or verdicts. The money almost never comes out of the individual truck driver’s pocket. There are two reasons for that.
The first reason is a legal rule called vicarious liability, respondeat superior, or statutory employment. It means that when a person is working for a company or another person and is acting within the course and scope of his or her employment, then the company or employer is responsible for the negligent or reckless acts of the person.
You can imagine how that works in the context of a tractor-trailer accident – the truck driver is almost always driving for a trucking company when the accident occurs because otherwise, the trucker would not have been on the road in the truck in the first place. Even if the trucking company attempts to claim that the driver was only an “independent contractor,” the trucking company is almost always responsible for injuries caused by its driver under the principles of “statutory employment,” which has roots in the Federal Motor Carrier Safety Regulations and Georgia common law. We see that so-called “defense” often, and it almost always fails.
The second reason is insurance. The rules change from time to time, but currently, any tractor-trailer that operates in “interstate commerce” (i.e., it regularly crosses state lines for business reasons, as most tractor-trailers do) must carry at least $750,000 in liability insurance. If a truck operates only within the state of Georgia (which is rare), it must have at least $100,000 in liability insurance. There are other categories with different requirements – for instance, trucks carrying hazardous cargo must have more insurance, and trucks working in agriculture may be able to carry less. But most of the time, tractor-trailers carry significant insurance.
In most car accident cases, the injured person can sue only the at-fault driver and is not allowed to tell the jury that the at-fault driver has insurance. But the rule is different in trucking cases.
In truck cases, the injured person can sue the trucking company’s insurer directly in what lawyers call a “direct action.” Most of the time, the injured person will sue the trucking company and the trucking company’s insurer in a single lawsuit. But not always. If the truck accident attorney and the client prefer, they can file separate lawsuits against the trucking company and the insurer.
Occasionally, limitations on where cases may be filed (what the law calls “venue”) may require separate lawsuits. But most of the time, the tractor-trailer accident lawyer sues the trucking company and the insurer in a single lawsuit, which tells the jury that the trucking company is insured.
The statute of limitations for a truck accident lawsuit in Georgia is generally two years from the date of the crash. However, it can be longer or shorter depending on the circumstances of your case. If you have been hurt in a crash, talk to an experienced Georgia truck accident lawyer about the specifics of your case.
The truck driver’s responsibility to follow federal rules applies whether the truck is stopped or on the move. The Federal Motor Carrier Safety Regulations (“FMCSR”) carefully limit the length of time that a truck driver can be on the road and the length of the breaks that he or she must take.
Truck drivers on the move must keep focused, paying attention to what is happening 12 to 15 seconds ahead of them. Stopped trucks must not be parked in places that endanger other drivers or passengers. A truck accident lawyer understands the rules, the consequences of a truck accident, and the serious injuries that can follow.
Federal and state laws confirm the responsibility of trucking companies. For instance, drivers of tractor-trailers must keep accurate logbooks confirming that the driver has not been driving too long and has had adequate rest. 49 C.F.R. § 398.6. Truck drivers must regularly inspect their trucks, must keep the trucks from rolling away out of control while they’re being inspected, and must not park their trucks in ways that put other people in danger. See 49 C.F.R. § 396.3. Trucking companies have a legal duty to hire honest, competent drivers and keep their trucks in good working order. Coe v. Carroll & Carroll, Inc., 308 Ga. App. 777, 785-86 (2011); Fouts v. Builders Transport, Inc., 222 Ga. App. 568, 570 (1996). Truck drivers should not consume alcohol or other intoxicating substances in any amount while on the job. 49 C.F.R. § 382.205.
Hiring a knowledgeable and smart truck accident lawyer who understands the rules, the justice system, and the way to present a truck accident injury to a jury is important.
“”Graham does an outstanding job handling car wrecks and tractor-trailer accidents. He is also very knowledgeable when it comes to slip-and-fall and premises liability cases. I highly recommend Graham and his legal team to anyone who needs a great trial lawyer. ” – Jeffrey C.
“Butler Kahn gives you the attention you deserve in unfortunate circumstances and does it with compassion. ” – Jacqueline P.
Butler Kahn secured a $150 million jury verdict against Chrysler for the family of a 4-year-old boy who was killed in a devastating crash in Georgia. Our firm held the giant automaker accountable for Remington Walden’s death and for failing to warn the public about dangers associated with its Jeep Grand Cherokee. Learn More
The Georgia truck accident lawyers at Butler Kahn understand the complexities and technicalities involved with truck accidents. We also know how traumatic these accidents can be for the victim. Our highly skilled and compassionate truck accident attorneys will work tirelessly to hold the negligent parties accountable and ensure you get the compensation you deserve.
If you’re suffering from injuries from a truck accident, we hope this page has been helpful. If you think we could help with your personal injury case, please call us or contact us online. Talking with us is free.
Butler Kahn
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Atlanta, GA 30324
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Butler Kahn
Butler Kahn
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Roswell, GA 30075
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Butler Kahn
21 Lee Street, Suite 250
Jonesboro, GA 30236
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