Truck Accident Lawyer
Atlanta Georgia Truck Accident Lawyer
Our goal is to make sure anyone, regardless of their financial circumstances, can receive the help they need from a truck accident lawyer at Murphy Law Firm.
When you or someone you love is injured in a truck accident, it’s important to act fast and contact an experienced truck accident lawyer. Why? Because…
Trucking companies have a team of experienced attorneys and
They’re ruthless when it comes to protecting themselves from fault.
They don’t care about you, your injuries, your family, or your bills. If this accident is more than 24hrs old then they’ve probably already been in touch.
- Have they already asked you for a statement?
- Are they already denying it was their fault?
- Have they already made it seem like it was YOUR fault?
The good news is that we have decades of experience handling these truck accident cases in Georgia and we are NOT afraid to fight for you!
Truck drivers often have multi-million dollar insurance policies, and more than one party may be held responsible for the negligence of that truck driver. That means having a lawyer on your side can result in a much bigger payout as we know how to hold everyone accountable for the part they played in the accident.
Have you or a loved one been injured after a Georgia truck accident?
Call Attorney James Murphy
770-577-3020 for FREE Legal Advice!
Making a Claim with an Atlanta Georgia Truck Accident Lawyer
We are here to protect you. We don’t get paid if you don’t get compensated. We are instantly invested in your case and we are NEVER afraid to go to court.
Call us for FREE LEGAL ADVICE and we’ll go over your case and let you know what the next steps are – no pressure at all. Then if you do decide to move forward with us, we’ll handle all aspects of your case for you. That way you can relax and focus on healing while we do the hard work.
We hate that the insurance companies try to bury accident victims in piles of paperwork and confuse them with legal hoops. That’s why we do what we do. We fight for normal people like you so that these huge insurance companies can’t take advantage of them!
If you happened to have been in that position, let us help you to sort out the challenges. Murphy Law Firm will provide you with legal representation regardless of your personal financial situation – we operate on a contingency fee basis, so we don’t get paid until we win your case.
Serious accidents can be life’s most stressful experiences. We are here to take that stress away and let you focus on healing. Call 770-577-3020 for FREE Legal Advice Today!
Truck Safety Regulations Are on Your Side
Federal laws set out the regulations and safety standards for commercial vehicles.
This means that if you are involved in an accident with a truck in Georgia or any other state, the vehicle should meet minimum standards. The Federal Motor Carrier Safety Administration (FMCSA) has a mission to reduce crashes, injuries, and fatalities involving large trucks and buses by improving commercial motor vehicle safety through “regulation, education, enforcement, research, and technology.” If you are involved in an accident with any truck or motor carrier that doesn’t meet the safety standards, the FMCSA will investigate.
#1 Cause of Truck Accidents
Unfortunately, driver fatigue is still the biggest cause of truck accidents. In a Harvard study, about 25% of drivers have fallen asleep at the wheel, and 50% of professional truckers stated their awareness of this being true.
This is still true, even though the regulations are strict and electronic logging devices (ELDs) have been mandatory since 2017. These devices record journey and rest times and they are much harder to manipulate than the old paper logs. The FMCSA reports that ELDs protect drivers from pressure to drive when they are too tired and that they:
- Save $570 million annually through crash reductions
- Save $2.4 billion annually in paperwork and
- Deliver total annual savings of $1.2 billion
The rules on ELDs mean that, if you’ve been involved in an accident with a semi-truck or any other regulated driver who has not followed the rules on rest times, you will have clear grounds for a claim. In fact, if you are involved in an accident with any commercial vehicle – semi-truck, large truck, or bus – and the driver or owner has broken the rules or the vehicle doesn’t meet the standards for safety, the FMCSA will get involved in your claim.
Georgia Specific Rules for all Commercial Vehicles:
In addition to Federal laws, the Georgia Department for Public Safety is responsible for regulating all vehicles that carry members of the public. This means that all buses, coaches, and limousines need to follow these additional standards:
Driver registration: From July 1, 2015, all drivers are required to register under the Georgia Intrastate Motor Carrier (GIMC) Registration Program.
Driver health: All drivers must hold a valid Medical Examiner’s Certificate from a Medical Examiner with valid certification on the National Registry.
Tired driver rules: “In accordance with Title 49 CFR Parts 350 and 395, intrastate carriers operating solely in Georgia must comply with the Electronic Logging Device (ELD) final rule beginning January 1, 2019. Drivers and carriers who currently utilize the short-haul (100 or 150 air miles) exception contained in 49 CFR 395.1(e) or who are required to complete a record of duty status 8 days or less in a 30-day period are exempt from the ELD requirement.”
Who is covered by the rules: rideshare network services, transportation referral services, transportation referral service providers, and certain taxi services doing business or operating in the state of Georgia must all register with the Georgia Department of Public Safety.
10 Things to Know About Truck and Tractor-Trailer Accidents
The Policy Advice website highlights 5 key statistics about truck accidents, based on data from across the United States. They say that:
- A 52% increase in these accidents has been noted since 2009.
- 74% of all fatal passenger vehicle cases include a large truck.
- Tire defects account for around 30% of all truck-related accidents.
- Most of these accidents occur during the day — between noon and 3 PM, up to 19%.
- 68% of all truck fatalities are passenger vehicle occupants.
- Truck accidents are common in Atlanta because of the high volume of truck traffic.
- Truck accidents often result in serious injuries or fatalities due to the size and weight of trucks.
- Truck drivers and trucking companies must follow Federal Motor Carrier Safety Regulations in addition to Georgia‘s basic traffic laws.
- When truck drivers violate these regulations, they can be held liable for any resulting accidents.
- Our Atlanta truck accident lawyers help injury victims pursue compensation for their injuries.
Our tractor-trailer accident lawyer sees too many of these and if you have experienced one yourself, let us guide you through the bureaucracy that lies ahead!
Every day, so many drivers rely on highways to get from point A to point B for their livelihood. It only takes one overworked trucker and your whole life could change. Due to the fact that trucks weigh between 20-30 times more than a typical car, accidents involving them can be far more severe.
Take a look at how you are able to win your truck accident case with the help of Murphy Law Firm.
10 Questions to Ask an Atlanta Car Accident Lawyer
- What are the attorney’s qualifications? An attorney is a person who is qualified to represent another person in legal matters.
- How much experience does the attorney have? An attorney is a professional who provides legal services to clients. The amount of experience an attorney has can vary greatly, from those who have just completed their law school studies to those who have been practicing law for many years. When choosing an attorney, it is important to consider how much experience they have in the area of law that you need assistance with.
- What is the attorney’s success rate? An attorney’s success rate is the percentage of cases they have won.
- What is the average cost of the attorney’s services? The average cost of an attorney’s services can vary depending on the type of case, the attorney’s experience, and the location of the practice. In general, however, the average cost for an attorney’s services is between $200 and $300 per hour.
- How will the attorney keep me updated on my case? Most attorneys will keep you updated on your case by sending you copies of letters and documents that they have sent or received related to your case. They may also call you to discuss the status of your case and to answer any questions that you may have.
- What is the attorney’s communication style? The attorney’s communication style is the way in which the attorney communicates with clients and other attorneys.
- What is the attorney’s approach to resolving my case? The attorney’s approach to resolving my case is to negotiate with the other side to try to reach an agreement that is fair to both parties. If an agreement cannot be reached, the attorney will take the case to trial.
- What is the attorney’s fee structure? An attorney’s fee structure is the way in which an attorney charges for their services. This can be an hourly rate, a flat fee, or a contingency fee.
- What are the attorney’s policies regarding settlements? The attorney’s policies regarding settlements are that they are willing to negotiate a fair settlement with the other party. However, if the other party is not willing to negotiate in good faith, the attorney is prepared to take the case to trial.
- What are the attorney’s policies regarding trial? The attorney’s policies regarding trial are to provide the best possible representation for the client and to obtain the best possible outcome in the case. The attorney will work diligently to prepare the case for trial and will present the client’s case in a manner that is both professional and ethical. The attorney will also work to ensure that the client understands the trial process and is comfortable with the attorney’s trial strategy.
FAQs for Atlanta Truck Accident Lawyers
What should I do after a Semi-Truck Accident near Douglasville?
The most important thing is to check your passengers and yourself for any visible injuries. If anyone is injured then call 911 and do not attempt to move anyone who is injured – unless it is essential to get them out of the vehicle and off the road for safety reasons. Remember, many truck crashes involve more than 2 vehicles so be vigilant and watch for other traffic.
Just like every other accident, you must not leave the scene and you must exchange insurance information with the other driver. Be sure to get the other driver’s name, contact information, and insurance. You should also get the name of the company the commercial driver works for.
You will need to get the police report. If you called the police, there will be a report written and available a couple of days after the accident. It’s important to obtain this right away – but Murphy Law Firm can do this for you if you haven’t done it.
Collect evidence from the scene – if you are able, take pictures of the accident, including your vehicle and the truck. Get the names and phone numbers of any witnesses at the scene. They might be able to testify for you later.
Keep accurate medical records of all your injuries – make sure a medical professional documents all your injuries. You should also write a journal that states how your injuries interfere with your daily life and the activities you can no longer enjoy.
Do not talk to any of the other drivers’ insurance companies! Insurance companies may use your words against you so they can either deny your claim or lessen the value of your claim.
How do I know who is liable for a Atlanta Truck Accident?
The first thing to say here is that many tractor-trailer accidents involve more than one vehicle so this makes the situation much more complicated. As well as the driver of the semi-truck, you may be able to file a lawsuit against the owner or operator of the 18-wheeler. We might also look at the team responsible for maintaining the truck or loading its cargo, the designer of the roads on which the accident occurred, the manufacturer of the truck itself or any of its parts, or the truck’s lessee, if it was leased to someone, not its original owner. Exactly who is involved will depend on
- the condition of the vehicle,
- the work requirements for the driver,
- whether or not proper safety precautions were followed when the vehicle was being loaded and
- any problems with the highway design and maintenance that had an impact on the accident.
You might end up making a claim against multiple parties at the same time. For this reason, semi-truck accidents are somewhat more complex than car accidents, where you would typically file a claim against the other driver’s insurance (the driver who caused the accident).
A proficient truck accident lawyer will help you pursue claims against one or multiple parties, to broaden the scope of available compensation.
How long do I have to file a lawsuit for a Semi-Truck Accident?
Just like auto accidents, injury cases involving an 18-wheeler have a deadline called the Statute of Limitations (SOL). The SOL may vary, depending on the circumstances and those involved. We recommend you contact a skilled truck accident attorney as soon as possible so we can immediately start collecting information on all the factors that might have caused the accident.
How are Semi-Truck Accidents different than normal car accidents?
Although you may have been involved in an accident with a semi-truck, that doesn’t automatically mean it is the trucker’s fault! Murphy Law Firm has actually represented injured truck drivers who were involved in a wreck because the other drivers were driving recklessly. If you were the one who caused the accident, you shouldn’t expect any compensation through a personal injury case (although if you were driving a company vehicle, and were on the clock, you may have a workers’ compensation case).
What if both parties were at fault? In some cases, a truck driver was partly or mostly responsible for an accident, but the other driver still acted in a way that contributed to the accident. If you were the other driver in this scenario, you may still be able to collect some damages, but they will be lessened according to the rules of comparative negligence.
How Do I Win My Semi-Truck Accident Case?
In most truck accident lawsuits, the plaintiff, or injured person who did NOT cause the accident, must prove the other driver was negligent, and that negligence caused you harm (such as injuries and damage to your car).
In many cases, the trucker merely breaking the law is enough to prove negligence. If a trucker runs a red light and hits you, the traffic violation shows that the trucker was negligent. Even if the trucker wasn’t negligent, if anyone else who is responsible for the vehicle or loading the cargo is deemed to be at fault, then your truck accident lawyer should be able to win your claim.
What are the Most Common Causes of 18 Wheeler Crashes?
The FMCSA carried out a survey called the Large Truck Crash Causation Study. This showed that the biggest cause of semi-truck crashes is mechanical defects with tires being the most factor. Because tractor trailers are so heavy, they take a long time to brake and this means that any problems with brake lines will put other road users at high risk.
The risks of accidents also go up when a driver is working a new route or is tired. Drivers are often under pressure to complete journeys in the shortest possible time and this might explain why aggressive driving has been linked (directly or indirectly) to truck crashes.
You might be surprised to know that only 0.4% of crashes in the study were caused by illegal substance abuse, and 0.3% from alcohol consumption.
Where are the worst places for Semi-Truck accidents in Douglas County?
When you hear about an accident involving a tractor-trailer on I-75, you know that it was probably an accident with severe injuries or fatalities. One factor is the considerable difference in size between a semi-truck and a passenger car. However, they still occupy the same roadways, making this a deadly combination for any accident.
A recent accident on I-75 involved an 18-wheeler that changed lanes and didn’t see a Mustang in its blind spot. The truck managed to avoid crushing the car but rammed into the pillars of the bridge overpass, injuring the driver and closing the interstate for hours.
Sharing high-speed roads require vigilant concentration to keep your car out of harm’s way. Because tractor-trailers sit high off the pavement, a collision with a passenger car usually means the roof of the vehicle is crushed or sheared off. Far too often, the driver of the passenger car sustains critical injuries.
As specialist safety lawyers, Murphy Law Firm encourages you to help prevent this type of accident by taking these precautions while driving:
- Remain aware of your position near any trucks.
- There are “blind spots” around tractor-trailers in which the truck driver cannot see other vehicles, especially small cars. Take caution to ensure that you do not spend an excessive amount of time in these blind spots.
- If you are passing a semi-truck, do so quickly, so that you do not disappear from the driver’s view when you approach the cab on either side of the truck.
- The spots directly in front and behind the truck are also vast danger zones. If you can’t see the truck driver’s face in the side-view mirrors, he can’t see your car.
Will I Go to Court If I File a Lawsuit Against the Trucking Company?
In some cases, the answer is no. The real answer depends on how good your attorney is at building a strong case for you, and whether or not the insurance company wants to offer fair compensation. There are times the insurance company rejects what we feel is a fair settlement. If that happens, we may recommend court. However, that decision is ultimately yours to make.
How much are truck accident cases worth?
As with other types of accidents, there are a few different types of damages that you are allowed to collect in a truck accident lawsuit.
- Economic damages: which include specific losses that can be added up, such as medical bills, damage to your car, and money you lost by not being able to work (lost wages);
- Non-economic damages: costs that are not quantifiable, such as pain and suffering;
- Punitive damages: which are sometimes awarded by a jury for no other purpose than to punish an especially egregious offender.
Of course, the types of damages which you are eligible to collect will vary – based on the details and facts of your case. For example;
- Multiple parties may be responsible for your accident.
- Trucking companies often have more insurance coverage on their trucks.
- Settlements can vary depending on the injury, damages, and losses related to the accident.
If you get in an accident with a truck driver, and it was not your fault, there may be more money available to pay your accident-related bills and pain and suffering. The insurance on a truck is generally much higher than insurance on a personal vehicle. So, if you have a serious injury, or have lost a loved one, there would be coverage available.
Often, Georgia semi-truck accident cases result in very large verdicts and settlements, depending on the injury, damages, and/or losses. Hiring a knowledgeable attorney can be crucial to making sure your family is financially compensated fairly.
What is the Difference Between an Employee Semi-Truck Driver and an Independent Contractor Semi-Truck Driver?
There is an important distinction between truck drivers that are employees and independent contractors:
Getting Compensation as an Employee: Some truck drivers are direct employees of the companies for whom they are driving. If you were in a collision with a truck driver who was an employee, then their employer may be found responsible. This is known as “vicarious liability” and applies even if there was no direct liability.
Getting Compensation as an Independent Contractor: Truck drivers that are independent agents who agree to work for a company for a limited period of time are legally considered “independent contractors.” If you were in a collision with a truck driver who was an independent contractor, then it may be harder for you to get compensation from the company, unless you can prove that the company acted in negligence, causing the accident. Since there are a lot of complexities in this situation, legal advice can only be given about your case when we know the facts of your specific case.
Making a Claim with a Semi Truck Accident Lawyer
At Murphy Law Firm, we want you to be able to get legal help regardless of your financial situation.
- We are here to protect you.
- We don’t get paid if you don’t get compensated.
- We are instantly invested in your case and we are NEVER afraid to go to court!
Call us for FREE LEGAL ADVICE and we’ll go over your case and let you know what the next steps are – no pressure at all. Then if you do decide to move forward with us, then we’ll handle all aspects of your case for you. That way you can relax and focus on healing while we do the hard work.