A mixture of heavy trucks and small passenger vehicles travel the busy streets and roads in and around Lawrenceville every day. When these mismatched vehicles collide, the results are often devastating – particularly for the occupants of a car hit by a truck.
Large commercial trucks like 18-wheelers are often up to 80 feet long and can weigh as much as 80,000 pounds. An average car, on the other hand, is about 15 feet long and weighs only 3,500 pounds. It’s no wonder that collisions between these two types of vehicles are often catastrophic, with drivers and occupants of passenger cars bearing the brunt of the damage.
In a single recent year, there were 151,000 people injured and nearly 5,000 people killed in U.S. accidents involving large trucks. According to data from the National Highway Traffic Safety Administration (NHTSA), more than 80 percent of the people killed in large truck crashes were occupants of passenger vehicles or non-occupants like pedestrians or cyclists. In Georgia, large trucks made up almost 10 percent of all vehicles involved in fatal crashes.
One of the Best Truck Accident Lawyers in Lawrenceville
The devastation a truck accident leaves behind can be overwhelming. Insurance forms, accident reports, and soaring medical bills add more stress to an already difficult situation. Here’s some good news: a Lawrenceville truck accident lawyer from Butler Kahn can help by taking on the legal burden and fighting for compensation to set things right.
Contact us if you’re ready to discuss your situation and your legal options. Talking to us is free and without obligations.
What Makes Truck Accident Cases So Complicated?
Several common factors in tractor-trailer accidents create complications that are less common in crashes that involve only passenger cars.
Some of the most significant distinctions in big truck accident cases include:
More severe injuries – Since large trucks are so much bigger than cars, they usually cause a lot more serious injuries when they collide. More severe injuries mean higher medical bills and related losses, which mean more valuable accident claims. There is also more money on the line because heavy trucks typically carry much more insurance coverage than personal vehicles – usually $750,000 at lease. When an accident claim is as costly as it can be for a large truck accident, you can count on the insurance companies to vigorously fight the victim’s claim.
More parties involved – A truck driver is almost always on the road in a commercial capacity, which means they may not be the only one liable for the accident. Any parties responsible for the truck driver, truck, or truck cargo can become defendants if the truck is involved in an accident. This could include trucking companies, truck maintenance companies, insurance companies (in what the Georgia law calls a “direct action”) and cargo companies, for example.
More extensive rules and regulations – As commercial drivers, truck operators are subject to specific rules and regulations that don’t apply to most other drivers. Federal regulations, Class C license restrictions, trucking company policies, and commercial trucking laws can all play a factor in truck accident claims.
Common Causes of Truck Accidents in Lawrenceville
Tractor-trailer drivers are often on the road for up to 11 hours per day, sometimes daily for days or weeks at a time. Truckers near the end of a long haul may feel fatigued or worn down, and their semi-trucks or trailers can sustain wear and tear over time, too.
Often, truck drivers will even drive beyond the hours of service time limits permitted by the Federal Motor Carrier Safety Administration, due to pressure to make deliveries on time. The grind of many miles over long hours can make 18-wheeler operators less alert over time, increasing the chances of a catastrophic collision.
In addition to fatigue, some of the other most common factors that cause large truck accidents include:
Distracted or reckless truck drivers
Intoxicated truck drivers, including impairment from prescription or over-the-counter medications
Driving errors
Speeding
Following too closely
Failure to check blind spots
Inadequately trained or unqualified drivers
Violations of trucking safety rules
Improper truck or trailer maintenance
Improperly loaded or secured cargo
Defective truck or trailer components
Unethical trucking company policies
Common Injuries Associated with Truck Accidents
Since trucking accidents involve such massive vehicles, the resulting injuries from these collisions tend to be correspondingly substantial. Occupants of an average passenger vehicle that gets struck by a tractor-trailer are far more likely to sustain serious or fatal injuries than the driver in a big rig.
Some examples of common injuries from the victims of large truck accidents include:
Traumatic brain injuries (TBI)
Whiplash
Neck and shoulder injuries
Herniated discs and other back injuries
Spinal cord trauma
Broken arms and legs
Broken collarbones and ribs
Fractured pelvis
Friction, heat, or chemical burns
Punctured or ruptured organs
Internal bleeding
Knee and other joint trauma
Cuts, bruises, and skin trauma
Mental and emotional suffering
Depression, anxiety, and PTSD
Amputated limbs or digits
Total or partial paralysis
Wrongful death
How a Lawrenceville Tractor-Trailer Accident Lawyer Can Help with Your Claim
Whether your truck crash injury case is resolved in a settlement with insurance providers or ends up in court, an experienced truck accident lawyer can take the burden off your shoulders in many ways. An attorney who focuses on accident and injury law can deal with insurance negotiations and legal red tape while you focus on your mental, physical, and emotional recovery.
If you decide to enlist legal representation in your Lawrenceville truck accident claim, a lawyer can help you with:
Investigating the details of the accident and who caused it
Calculating the full extent of your losses
Analyzing the laws and regulations that apply to your case
Collecting evidence to support your claim
Consulting with experts such as accident reconstructionists
Managing your important records and documents
Communicating with insurance providers on your behalf
Obtaining medical records from healthcare providers
Negotiating with insurers for an appropriate settlement
Litigating cases at trial if the insurers refuse to make a fair settlement offer
Evidence We May Use in a Truck Accident Case
Truck drivers’ employers, their insurance providers, and any other party potentially at fault for the accident will do everything they can to redirect blame and attempt to minimize your settlement. Additionally, evidence exists in a truck wreck case that you might not think to look for in a standard automobile accident.
To make sure you can successfully prove liability in your semi-truck accident, the legal team at Butler Kahn can dig for evidence such as:
Official police reports from the accident
Statements from other drivers or eyewitnesses
Photographs of the accident scene and resulting damages
Bills and other records from medical treatment
Expert witness testimony, such as accident reconstruction
The truck driver’s official service logbook
Records from the truck’s electronic logging device (ELD)
Data from the truck’s electronic control module (ECM) or “black box”
Dash-cam footage from the semi-truck, if available
Records of the inspection and maintenance history of the truck
Information from the truck’s onboard GPS or navigation systems
The driver’s work history, qualifications, and training files
The driver’s mobile phone records
Drug and alcohol screening results following the accident
Trailer, load, and cargo evidence like bills of lading or dispatch instructions
Who Can Be Held Responsible After a Truck Accident?
Unlike most car accidents, the responsibility for a tractor-trailer accident often goes beyond the truck driver and any other motorists involved. Commercial truck drivers on the road aren’t just driving, they’re working.
In general, the trucking company that employed the driver may be held liable for the driver’s negligence. That’s typically true even if the company labeled the driver an “independent contractor” instead of an “employee,” because the Federal Motor Carrier Safety Regulations require that trucking companies take responsibility for their own drivers (in section 390.5). In addition, any parties that may have affected a truck driver’s ability to do their job safely can share in the blame for a resulting accident.
A few examples of the parties that may be held liable for a semi-truck accident include:
The truck driver
The trucking company
The owner of the truck
The owner of the trailer
The manufacturer of the truck
The cargo owner
The cargo loading company
The truck maintenance provider
What Compensation Can Be Recovered After a Big Rig Accident?
Like all accident claims, the compensation you may be entitled to receive following a large truck accident depends on several factors. The severity of the injuries the accident caused and any negligence on your part could greatly affect the value of your claim.
Generally speaking, though, you can pursue compensation for the following types of damages:
Medical bills and related expenses
Lost income
Diminished future earning capacity
Pain and suffering
Loss of companionship
Loss of enjoyment of life
Property damage
Punitive damages in exceptional cases
Wrongful death compensation if the truck accident took the life of a family member
There are two main types of damages that can be recovered in a truck accident injury lawsuit: compensatory damages and punitive damages.
Compensatory damages are intended to compensate the injured party for their losses, both economic and non-economic. Economic damages include things like medical expenses, lost wages, and property damage. Non-economic damages include things like pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive damages are intended to punish the defendant for their conduct and to deter others from engaging in similar behavior. Punitive damages are not awarded in every case, and they are usually only awarded in cases where the defendant’s conduct was particularly egregious.
The amount of damages that an injured party can recover will vary depending on the specific facts of their case. However, in general, the more serious the injuries, the higher the amount of damage that can be recovered.
Here are some examples of the types of damages that can be recovered in a personal injury lawsuit:
Medical expenses: This includes the cost of all medical care related to the injury, such as hospital bills, doctor’s fees, and prescription drugs.
Lost wages: This includes the income that the injured party lost due to the injury, such as wages from work or lost business income.
Property damage: This includes the cost of repairing or replacing property that was damaged or destroyed in the accident.
Pain and suffering: This includes the physical and emotional pain and suffering that the injured party has experienced as a result of the injury.
Emotional distress: This includes the anxiety, depression, and other emotional distress that the injured party has experienced as a result of the injury.
Loss of enjoyment of life: This includes the loss of the ability to participate in activities that the injured party enjoyed before the injury.
If you have been injured in an accident, you should contact an experienced truck accident attorney to discuss your legal options. A truck accident injury attorney can help you understand your rights and how to recover the damages that you deserve.
Time Limit for Filing a Truck Accident Lawsuit in Georgia
A statute of limitations is a legal time limit for filing certain types of lawsuits. If you are unable to reach a settlement for your claim, any resulting legal action you bring needs to be filed before the statute of limitations expires.
In Georgia, the statute of limitations for personal injury cases is two years. This means that you have a two-year deadline from the date of the accident to file a lawsuit in court. Failure to file a case before the deadline means you will almost certainly give up your right to pursue compensation. Only very narrow exceptions can extend the deadline.
What Can I Do to Protect My Rights After a Truck Accident?
If you’ve been injured in an accident with a tractor-trailer or other large truck, you’re probably facing significant losses. You’ll likely also have to deal with several parties who will attempt to shift the blame for the wreck so they can avoid paying their fair share. It is vital that you take steps to protect your rights and interests
Some simple steps you can take to protect your rights immediately following a truck accident injury include:
Get to a safe location and seek immediate medical attention.
If you are able to do so at the scene of the accident:
Exchange information with the other drivers involved.
Capture your own evidence of the accident scene.
Talk to any witnesses and request their contact information.
Call the police to file an accident report.
Don’t agree to any suspicious offers or requests.
Keep a log of all your medical bills and other expenses.
Don’t give a written or recorded statement without the advice of your lawyer.
Resist the temptation to accept the first settlement offer.
Contact a Lawrenceville truck accident lawyer.
Talk to a Lawrenceville 18-wheeler Accident Lawyer
The attorneys at Butler Kahn are ready to listen to your concerns, analyze your situation, and lay out your best legal options. Talking with us is free and easy. Whenever you’re ready to get started, contact us by phone or online. Let’s see how we can help. Lawrenceville personal injury attorney.
Frequently Asked Questions
Under Georgia law, a “direct action” allows an injured party to name the trucking company’s insurance provider directly as a defendant in the lawsuit, rather than suing only the company or driver. This is a tool specific to commercial trucking cases and isn’t generally available in an ordinary car accident claim.
Often, yes. Federal Motor Carrier Safety Regulations require trucking companies to take responsibility for the drivers operating under their authority, regardless of how those drivers are classified on paper, so labeling someone an independent contractor doesn’t automatically shield the company from liability.
Federal regulations generally require interstate commercial trucks to carry at least $750,000 in liability coverage, though trucks hauling hazardous materials or operating under certain circumstances may be required to carry significantly more. That’s part of why truck accident claims tend to be contested so aggressively compared to typical car accident claims
A driver who exceeded the hours-of-service limits set by the Federal Motor Carrier Safety Administration was likely fatigued at the time of the crash, which can be strong evidence of negligence. Electronic logging devices now make these violations easier to prove than they were with old-fashioned paper logbooks, which were more easily falsified.
Yes, if improperly loaded or secured cargo contributed to the crash — for example, by shifting weight that caused the truck to become unstable or by cargo falling into the roadway — the company responsible for loading the truck can be a separate defendant from the driver or trucking company.
Because a commercial truck involves more moving parts than an ordinary car crash — the driver, the trucking company, a maintenance provider, a cargo loader, and sometimes a parts manufacturer can each bear some responsibility depending on what actually caused the wreck. Identifying every liable party matters because it can significantly affect how much compensation is ultimately available.
Trucking companies often send investigators to the crash scene within hours and may offer a quick settlement before you’ve had a chance to understand the full extent of your injuries. It’s generally best not to accept or sign anything until an attorney has reviewed the offer, since early settlements are almost always worth less than the claim’s true value.
Electronic logging devices automatically record a truck’s driving time and can’t be edited as easily as the paper logs drivers used to fill out by hand, which makes it much harder for a driver or company to falsify hours after the fact. That data, combined with GPS and fuel records, often provides a clear, difficult-to-dispute picture of whether hours-of-service rules were followed.
An overloaded or improperly balanced truck is more prone to rollovers, jackknifing, and longer stopping distances, all of which increase the risk of a serious crash. If cargo weight or securement contributed to your accident, that can open up liability against the shipper or loading company in addition to the driver.
Generally, no — the same two-year statute of limitations under Georgia law applies whether you’re suing the driver individually or the trucking company. That said, truck accident cases often require more time to investigate given the number of parties and records involved, so it’s best not to wait to get an attorney involved.
Jeb ButlerState Bar: #116955
Jeb Butler’s career as a Georgia trial lawyer has led to a $150 million verdict in a product liability case against Chrysler for a dangerous vehicle design that caused the death of a child, a $45 million settlement for a young man who permanently lost the ability to walk and talk, a $3,973,260 settlement after a boating accident, and a $1,250,000 settlement in a pedestrian case, and numerous other verdicts and settlements, many of which are confidential at the defendant’s insistence. Jeb has worked on several cases that led to systemic changes and improvements in public safety. He has been repeatedly recognized as a Georgia SuperLawyer and ranks among Georgia’s legal elite. Jeb graduated in the top 10% of his class at UGA Law, argued on the National Moot Court team, and published in the Law Review. He is the founding partner of Butler Kahn law firm. Connect with me on LinkedIn
