Truck Accident Lawyer in Atlanta

When you’re on the road in Atlanta, Georgia, you’re sharing the road with commercial trucks, and an accident can occur at any time. Even if you take every precaution, you don’t have control of the vehicles around you. Unfortunately, even a fender bender with a commercial truck can be a traumatic experience.

The enormous weight and sheer size of a commercial truck can cause severe damage to smaller vehicles and can leave you with life-altering injuries. You might be left with unexpected and mounting bills and a long road to recovery. If someone else is liable for your truck accident, you deserve justice. 

Nevertheless, legal liability in a truck accident case can prove complex. Although you can file a personal injury lawsuit on your own, the right truck accident lawyer in Atlanta can compassionately guide you through the complexities of the legal process and fight for the compensation you deserve.

The truck accident lawyers of The Scott Pryor Law Group can offer the legal knowledge, support, and understanding that you need.

• Why truck accidents are often severe
• Statistics on truck accidents in Georgia
• Why you need an Atlanta truck accident lawyer  
• Proving liability after an Atlanta truck accident
  • Liability in a truck accident
  • Modified comparative negligence in Georgia
  • Common types of truck accidents   
• Compensation in an Atlanta truck accident
  • Economic Damages
  • Non-economic Damages
  • Punitive Damages
• How The Scott Pryor Law Group can help

Why truck accidents are often severe

Regardless of the size of a vehicle, any accident may result in pain and suffering, extreme trauma, and severe injury. However, commercial truck accidents are uniquely positioned to cause property damage and personal injury.

Contributing causes to the severity of accidents involving big rigs and semis include:

• Commercial trucks weigh anywhere between 10,000 and 85,000 pounds (the average compact car weighs 2,000 – 3,000 pounds, a mid-size sedan weighs 3,200 – 3,500 pounds, a standard SUV weighs 3,500 – 6,000 pounds, and a motorcycle weighs just 300 – 500 pounds)

• The average truck takes 40% longer to come to a complete stop than its passenger vehicle counterparts

• A commercial truck can take up to 525 feet to stop

• Improperly loaded truck cargo can contribute to a commercial truck flipping

• Truck cargo may include hazardous or toxic material which can spill and cause significant accidents

• High winds can contribute to a trucker losing control of their vehicle

• U.S. truck accidents contribute to a yearly average of 130,000 injuries

• Cars that tailgate trucks can become wedged under the trailer should a commercial truck come to an abrupt stop 

Although truckers and trucking companies must comply with federal regulations and are required to take extra safety precautions, this doesn’t always happen. If you’ve suffered as a result of a truck accident that wasn’t your fault, you may have a valid legal claim for compensation.

Statistics on truck accidents in Georgia

As the capital of Georgia, Atlanta is a bustling hub for business, finance, the film industry, and a thriving cultural scene. This means that Atlanta highways are often packed with a wide variety of vehicles and bumper-to-bumper traffic, and accidents can occur.

Unfortunately, truck accidents are prevalent in Georgia, and motorists should always avoid tailgating a large truck and ensure they’re at least a full car length beyond a truck before passing. According to the National Highway Safety Administration (NHSA), Georgia has the 14th highest fatality rate in commercial truck accidents. 

Truck drivers in Atlanta are also under strict federal regulations for non-stop driving time, and must not exceed 11 hours after 10 hours off-duty or carry cargo that exceeds 80,000 pounds.

Why you need an Atlanta truck accident lawyer

After a truck accident in Atlanta, you can file an insurance claim or a personal injury lawsuit on your own. However, there may be more than one party at-fault for your truck accident, and the complexities of the legal system may be tough to navigate without an attorney.

The right Atlanta truck accident lawyer will be able to help you understand the merits of your legal case, determine the compensation you should take, and support you in your fight for justice.

Contact The Scott Pryor Law Group for a free consultation

Proving liability after an Atlanta truck accident

If your accident is caused by a recalled truck part or improperly loaded cargo, the truck driver may not be the only party responsible for your property damage and injuries.

A truck accident lawyer in Atlanta will examine the following to strengthen your case and determine the parties you should name in your legal claim:

• Black Box:

Similar to the recording devices found in commercial airplanes, trucks are equipped with black box data recorders (also known as Event Data Recorders — EDRs). This device records a truck’s status, time of movement, speed, brake application, and more. 

If there are anomalies in the black box, an Atlanta truck accident lawyer can use them to back up your case.

• Driving Logs:  

Truck drivers are required to keep detailed logbooks of driving time and any incidents that occur when they’re on the road. On US roads alone, commercial truckers log over 300 billion miles annually, and every mile matters.

A trucker’s driving log should reflect the amount of non-stop hours they’ve spent on the road each day, and the break time they spend off the road. 

An attorney may look for any discrepancies or inaccurate records.

• Trucking company records:

A truck accident lawyer might also subpoena records from a trucker’s employer to ensure that all truck maintenance and safety protocols have been followed. If routine maintenance has been neglected or necessary repairs haven’t been made, this may have led to your accident.

• Trucker’s driving and employment history:

If the trucker responsible for your collision has an erratic driving or employment history, doesn’t have a valid commercial driver’s license, or has multiple recorded driving violations, this evidence might strengthen your case.

Liability in a truck accident

Your attorney may advise you that there are multiple parties that hold liability for your truck accident. Proving negligence and determining the parties who should be named in your lawsuit may depend on a number of factors, including the nature and cause of the collision.

You deserve justice for the trauma you’ve endured, and any party that has exhibited gross negligence or a breach of the universal standard duty of care should be held responsible for their actions. 

Here are the parties that could be found liable in a truck accident case:

• Cargo company: 

A trucker’s haul is contained and loaded by a cargo company. Improperly loaded trucks can cause dangerous weight shifts and spills, and the cargo may be found to hold some fault for a collision.

• Manufacturer:

A commercial truck manufacturer may hold liability in an Atlanta truck accident if they’ve installed faulty parts or have had to issue a recall. For example, if an improperly installed or malfunctioning brake system causes a truck to crash into your car, the truck’s manufacturer may legally owe you compensation.

• Truck Driver: 

If a truck driver is off the clock when your accident occurs, impaired, speeding, or in violation of any other required commercial driver standards, they may hold full liability for your collision. However, if the accident occurs while a driver is on the clock, their employer may be held responsible as well.  

• Trucker’s Employer: 

If an accident occurs when a driver is on the clock, or if a trucking company doesn’t provide mandated commercial driver training, adhere to safety regulations, or perform regular maintenance checks, the trucker’s employer may be named in your personal injury lawsuit.

Modified comparative negligence in Georgia

Georgia is one of a dozen US states with a modified comparative negligence law in place. This law reflects the fact that in many accidents, more than one driver holds partial liability. 

Georgia code §51-12-33 allows the courts to find more than one party at fault for a truck accident. For example, if you file a lawsuit against a truck driver, but it’s determined that you’re over 50% responsible for your accident, you may not have a valid claim for compensation. However, if your liability is between 0% – 50%, you may still be entitled to recoup some of your losses, but the amount will decrease based on your percentage of fault. 

A truck accident lawyer in Atlanta from The Scott Pryor Law Group will honestly and transparently explore the strength of your case with you, and help you to make an informed decision about your next legal step.

Common types of truck accidents

At The Scott Pryor Law Group in Atlanta, our attorneys have handled a wide variety of collisions. However, there are some common types of truck accidents that often appear in valid lawsuits, including:

• Jackknife accidents:

A commercial truck can jackknife if a trucker is speeding, changing lanes too quickly, or if it spins out of control due to inclement weather.

• Overweight truck accidents:

A trucker can quickly lose control of a truck that holds too much cargo or cargo that’s improperly loaded and distributed.

• Rear-end collisions:

A speeding truck cannot come to an abrupt stop, and may rear-end other vehicles.

• Rollover accidents:

Sharp turns, speeding, and abrupt lane changes or turns can all contribute to a commercial truck rollover.

• Side impact collisions:

Side impact collisions, including “T-bone” collisions and sideswipes, can occur if a truck driver merges into a lane and doesn’t see vehicles in their blind spots, is driving at excessive speeds, or fails to yield before merging.

• Tire blowouts:

Due to excessive mileage, commercial truck tires need to be replaced often, and can lose their tread or blow out on highways. The size and weight of a standard truck tire can create an extremely dangerous situation for other drivers after a blowout.  

Compensation in an Atlanta truck accident

After an Atlanta truck accident, the compensation you might seek is broken down into categories known as damages. The three categories of damages you can anticipate if you win your claim are economic (also known as special damages), non-economic (also referred to as general damages), and punitive damages.

An Atlanta truck accident attorney from The Scott Pryor Law Group can help you determine the present, ongoing, and future costs — both measurable and immeasurable — that you can claim as damages.

Let’s take a look at the definitions and examples of each category.

Economic Damages

Economic damages are the quantifiable losses you’ve incurred as a result of your truck accident. Although economic damages can also include anticipated future costs, they are claimed based on documented bills or financial losses. Economic damage claims include:

• All medical expenses (including ongoing treatment, future doctor’s appointments, and surgeries)
• Assisted living or rehabilitation facility costs
• Lost wages (including bonuses, paid time off, and tips)
• Home healthcare costs
• Property repair and replacement costs
• Transportation costs ( including rental car fees, ride shares, and public transportation)

Non-economic Damages

Non-economic damages cover the immeasurable losses that you’ve suffered as a result of your Atlanta truck accident. Although nothing can make up for these losses, monetary compensation can help to alleviate your financial burdens and allow you to focus on your recovery.

Non-economic damage claims can include:

• Catastrophic injury
• Chronic pain
• Disfigurement
• Emotional trauma
• Post-traumatic stress disorder (PTSD)
• Traumatic brain injury (TBI)
• Wrongful death

Punitive Damages

Punitive damages are rarely sought in personal injury cases but are often added to a verdict by a judge or a jury, In fact, Georgia state code § 51-12-5.1 refers to punitive damages as “vindictive damages.” These damages are handed down if the defendant in your truck accident case is proven to have exhibited gross negligence. 

For example, if a truck driver was employed without a commercial driver’s license and was under the influence of alcohol or drugs when your accident occurred, a judge or jury may determine that they were grossly negligent and might find them responsible for punitive damages as a consequence of their actions.

A plaintiff might receive 25% of total punitive damages and the remaining 75% is allocated to the treasury of the state. 

How The Scott Pryor Law Group can help

At The Scott Pryor Law Group, we understand how traumatic a truck accident can prove, and how daunting it may feel to battle a large trucking company or a fleet of insurance company lawyers. Your experience, and your individual story matters — and we’re committed to compassionately fighting for you and supporting you on the road to justice.

You don’t have to walk this path alone. A truck accident lawyer at The Scott Pryor Law Group can help you gather evidence, negotiate with insurance companies, file time-sensitive court documents, obtain eyewitness and forensic expert testimony, and so much more. 

We’ll clearly and consistently communicate with you throughout every step of the legal process and as your advocates in court, we’ll fight for the compensation you deserve. We can’t guarantee a successful verdict, but we’ve won 7-figure settlements for many of our clients — including a $4,500,000 settlement that stands as the highest-ever compensatory amount for a truck accident in Greenville County, South Carolina.

Your road to recovery and justice is just a click away. Schedule your free consultation today.