Atlanta Truck Accident Attorney for Semi-Truck Injury Victims

Atlanta Truck Accident Injury Attorney

Atlanta Semi Truck Accident Attorney for Victims of Serious Injury & Wrongful Death

When you’ve been the victim of a collision with a semi truck or 18-wheeler, you find yourself in one of the scariest situations a driver can imagine. On top of being in a crash, everything is larger, faster, and oftentimes less under control. This can cause more significant injuries, greater financial damages, and add layers of complexity to your case.

What is a Truck Accident Injury?

Large semi trucks have long been a problematic presence on Georgia’s rural roads and highways.
As they share the road with much smaller, personal vehicles, accidents involving semi-trucks are all too common.

Trucking accident injuries usually involve some form of blunt force trauma from an impact, which can result in bruising, lacerations, broken bones, traumatic brain injury, and even death.

If you have been injured in a trucking accident in Georgia, contact Apolinsky & Associates without delay to have an experienced personal injury attorney review the facts of your case.

Types of Commercial Trucks Involved in Accidents & Personal Injuries

Small Commercial Trucks

  • Commercial minivans & panel vans
  • Commercial pickup trucks
  • Commercial tow trucks
  • Cab-forward trucks
  • Commercial SUVs

Medium-Sized Commercial Trucks

  • Box trucks
  • Flatbed trucks
  • Delivery trucks
  • Platform trucks
  • Medium duty trucks

Heavy Commercial Trucks

  • 18-wheeler semi trucks
  • Commercial refrigerator trucks
  • Commercial dump trucks
  • Garbage trucks
  • Logging trucks
  • Tanker trucks

Who is Liable in Truck Accident Injury Cases?

If a truck driver violates any of the laws listed above, or commits an act of negligence, they can be held liable for damages that result. Negligence and illegal acts include:

  • Driving without a license.
  • Failing to meet hours of service requirements (i.e., driving more than the law permits).
  • Speeding.
  • Driving aggressively.
  • Performing illegal lane changes.
  • Driving while distracted (using a cellphone).
  • Driving while intoxicated or impaired.
  • Driving while fatigued.

Actual breaches of the law are known as negligence per se; a breach of what is reasonable is called negligence. The truck driver may be held independently liable for a crash caused by any of the actions above if they are an independent contractor, or a trucking company/truck driver’s employer may be held liable.

Proving Negligence In a Trucking Accident Injury Case in Georgia

Negligence is established by proving a defendant failed to use reasonable care when there was a duty to do so and that this failure resulted in harm to another person. Not all trucking accident injury claims are rooted in negligence, but most are.

Trucking companies are legally responsible for their drivers and their vehicles. These corporations have a legal obligation to put a safe fleet of trucks on the road. When trucking companies act in a dangerous manner, whether by failing to properly inspect their vehicles, or by hiring unsafe drivers, they must be held accountable. In order to prove fault, you must establish negligence. This means that you will need to prove that:

  • The trucking company had a duty to drive safely.
  • The trucking company breached that duty.
  • The breach of duty can be linked to your collision.
  • You sustained actual injuries in the truck accident.

To be clear, proving all four of these required factors is not easy. You are going to need to present compelling evidence. This is why it is so important that your personal injury claim is handled by a top-rated Atlanta trucking accident attorney. Your attorney will be able to take the actions that are necessary to get you the money that you deserve.

Damages & Compensation Recoverable In Semi Truck Accident Injury Claims

Serious injuries can and do occur in trucking accidents. You may need extensive medical care, or even long-term care after an accident. Fortunately, you may be able to recover some of those losses, including:

  • Medical expenses, including emergency care and ongoing treatments.
  • Lost wages.
  • Reduced or loss of earning capacity.
  • Long-term disability.
  • Property damage.
  • Pain and suffering, including emotional injuries.
  • Diminished quality of life.

If you or a loved one has been badly injured due to a truck driver’s negligence and would like to discuss what possible damages you could recover, contact Apolinsky & Associates, LLC, for a case evaluation.

Types of Injuries Suffered from Semi Truck Accidents

  • Broken Bones Case Icon
    Broken Bones

    Major bone fractures can be caused by the devastating impact from trucking accidents, resulting in life-altering. If negligence was the cause of the trucking accident that caused a bone fracture, it’s essential to obtain legal counsel to gain compensation.

    Read More

  • Back, Neck, and Disc Injuries Case Icon
    Back, Neck, and Disc Injuries

    Back, neck, and disc injuries from trucking accidents can have a huge impact on a victim’s finances and quality of life. When such injuries are sustained from a trucking accident, victims may be liable for compensation.

    Read More

  • Wrongful Death Case Icon
    Wrongful Death

    Trucking accidents that result in unexpected deaths cause immense trauma to the victim’s friends and family. If your family has suffered a wrongful death, then you are entitled to recover for the financial and emotional loss of value by the life of the deceased.

    Read More

  • Burn Injuries Case Icon
    Burn Injuries

    Trucking accidents can cause catastrophic burn injuries resulting in scarring, life-long disabilities, and adjustment difficulties. Because of the lifelong impact of trucking accident burn injuries, it is important to get legal representation for financial recovery.

    Read More

  • Loss of Limb and Amputation Case Icon
    Loss of Limb and Amputation

    Nearly $8.3 billion spent on amputation hospital costs annually in the US. When an amputation results from a trucking accident, it may be possible for victims of trucking accident related amputation to pursue financial compensation.

    Read More

  • Brain Injuries Case Icon
    Brain Injuries

    Trucking accidents can result in severe TBI due to a blow to the head. If you have suffered a traumatic brain injury in Georgia because of another’s negligent or criminal actions, you may have grounds for an injury claim and appropriate compensation.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    If you suffer a spinal cord injury in a trucking accident caused by another’s negligence, it’s important to ensure your damages are accurately evaluated and supported by evidence before trying to negotiate with insurers.

    Read More

  • Paraplegia / Quadraplegia Case Icon
    Paraplegia / Quadraplegia

    Truck accident injuries can easily result in paraplegia or quadriplegia. If your injury resulted from negligence on the part of a truck driver or a trucking company, you may be liable for compensation.

    Read More

Types of Injuries Suffered from Semi Truck Accidents

  • Broken Bones Case Icon
    Broken Bones

    Major bone fractures can be caused by the devastating impact from trucking accidents, resulting in life-altering. If negligence was the cause of the trucking accident that caused a bone fracture, it’s essential to obtain legal counsel to gain compensation.

    Read More

  • Back, Neck, and Disc Injuries Case Icon
    Back, Neck, and Disc Injuries

    Back, neck, and disc injuries from trucking accidents can have a huge impact on a victim’s finances and quality of life. When such injuries are sustained from a trucking accident, victims may be liable for compensation.

    Read More

  • Wrongful Death Case Icon
    Wrongful Death

    Trucking accidents that result in unexpected deaths cause immense trauma to the victim’s friends and family. If your family has suffered a wrongful death, then you are entitled to recover for the financial and emotional loss of value by the life of the deceased.

    Read More

  • Burn Injuries Case Icon
    Burn Injuries

    Trucking accidents can cause catastrophic burn injuries resulting in scarring, life-long disabilities, and adjustment difficulties. Because of the lifelong impact of trucking accident burn injuries, it is important to get legal representation for financial recovery.

    Read More

  • Loss of Limb and Amputation Case Icon
    Loss of Limb and Amputation

    Nearly $8.3 billion spent on amputation hospital costs annually in the US. When an amputation results from a trucking accident, it may be possible for victims of trucking accident related amputation to pursue financial compensation.

    Read More

  • Brain Injuries Case Icon
    Brain Injuries

    Trucking accidents can result in severe TBI due to a blow to the head. If you have suffered a traumatic brain injury in Georgia because of another’s negligent or criminal actions, you may have grounds for an injury claim and appropriate compensation.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    If you suffer a spinal cord injury in a trucking accident caused by another’s negligence, it’s important to ensure your damages are accurately evaluated and supported by evidence before trying to negotiate with insurers.

    Read More

  • Paraplegia / Quadraplegia Case Icon
    Paraplegia / Quadraplegia

    Truck accident injuries can easily result in paraplegia or quadriplegia. If your injury resulted from negligence on the part of a truck driver or a trucking company, you may be liable for compensation.

    Read More

Don't Let the Insurance Company Get Too Far Ahead. Hire an Attorney to Advocate for You Now!

Get A Free Case Evaluation(404) 377-9191

Atlanta Truck Accident Injury Lawsuit FAQs

What Are The Requirements For Truck Drivers in Georgia?

In order to operate a large truck in Georgia, a driver must be in compliance with both state and federal operating laws. This means that the driver must:

  • Have a commercial driver’s license— which, in order to do so, one:
    • Must be at least 18 years old.
    • Must meet federal medical certificate requirements (must be medically qualified to operate a truck safely).
    • Must attend a CDL school.
    • Must pass CDL tests.
  • Meet hours of service requirements, which stipulate that a driver cannot drive more than eleven hours after ten consecutive hours off duty, and can only drive a maximum of ten hours after eight consecutive hours off duty.

Truck drivers are also obligated to follow all rules of the road and operate their vehicles with a high degree of care. When this duty of care is breached and causes an accident as a result, the truck driver or the trucking company can be held liable as such.

When Should I Hire A Lawyer For A Truck Accident In Georgia?

Not all truck wrecks require the assistance of a lawyer. As an example, if you got into a minor rear end collision on your way to the office, and only incurred a few hundred dollars of property damage, then a car accident lawyer is generally not necessary.

However, in the event that you suffer a physical or mental injury, particularly a serious injury, it is highly recommended that you contact a lawyer. A quality lawyer will explore all avenues to ensure you get just and adequate compensation. The following is a list of four specific circumstances where hiring a quality lawyer is strongly recommended:

Fault is Disputed

Just because you are injured in a crash does not mean the other party’s insurance carrier will compensate you. In Georgia, the negligent party is liable for the car or truck collision. In some cases, disputes arise over which party is to blame. Sometimes these disputes arise in good faith; however, in other cases, the dispute is caused by another driver lying to the responding officer or to their insurance company. Hiring an experienced automobile accident lawyer will ensure that a thorough investigation is conducted and the truth is revealed. If there is a dispute over fault in a truck accident claim, seeking legal protection is imperative.

You Have Non-Economic Damages

If you have sustained any form of non-economic damage from your car accident, such as pain and suffering, PTSD, depression, anxiety, loss of life enjoyment, or your spouse’s loss of consortium, a lawyer should be making your case for you. These damages can be substantial, but their very nature makes them difficult to quantify. Unfortunately, insurance companies often try to take advantage of this inherent ambiguity and try to pressure survivors into lowball settlements. A good lawyer will call them out on it.

The Insurance Company is Not Offering You a Full Settlement

Truck accident victims injured by another’s negligence are entitled to be made ‘whole’ by responsible parties. No, life may never be the same, especially if someone you love has died. But prevailing in a civil case will better prepare you for the next chapter. It can cover things like medical costs, rehabilitation expenses, property damage, lost wages, loss of earning potential, and wrongful death. Insurance companies are in the business of saving money. They’re going to try to pay as little as possible, if they can get away with it. If the insurance company has offered you a settlement that seems low, or if your claim has been denied, it’s time to contact a lawyer.

It Has Been More Than One Year Since Your Wreck

In any injury claim, it is important to act promptly. In Georgia, there is a strict, two-year statute of limitations for car accident injury and wrongful death claims. That may seem like a lot of time, but there’s often a lot that has to happen before you can officially file. If that claim is not filed within that two-year window, you risk foregoing any right to compensation. If more than one year has passed since your injury and you are still dealing with the insurance company, it is long past time you called a lawyer.

How Common Are Truck Accidents In Georgia?

Large trucks have long been problematic on Georgia’s rural roads and highways.

In the release of recent large truck crash statistics, the FMCSA’s Analysis Division, reported the number of large trucks involved in fatal crashes spiked 10 percent in a single year, totaling 4,657. Even accounting for the uptick in the number of miles large trucks traveled, the rate increased 6 percent, from 1.48 fatal truck crashes per 100 million miles to 1.56. The number of people injured in large truck/bus crashes went from 138,000 nationally in 2015 to 180,000 in 2016. One-third of all deadly crashes in highway work zones involved a large truck (in excess of 10,000 pounds). More than 10 percent of all deadly large truck crashes resulted in more than one fatality.

In Georgia, data shows that we went from a steady average of 153 large truck crashes from 2009 to 2014 to a sudden jump to 214 in 2017. Of those, 195 (or 91 percent) were fatal. Most of those deaths (82 percent) were occupants of other vehicles — primarily attributed to the size and weight disparity between passenger cars and these 10,000+ pound behemoths.

What Are The Duties And Responsibilities Of Truck Drivers, Owners, And Carriers?

Truck drivers are held to a higher duty of care when operating commercial vehicles, whether delivery vans or tractor-trailers, which, fully loaded, can weigh 80,000 pounds. The stopping time and distance are longer, the blind spots are wider, and maneuverability is limited. Even the loads themselves can be dangerous.

That is why federal regulators impose additional responsibility on not only the drivers and their employers, but also on companies that own the trucks and the goods onboard, as well as truck and part manufacturers, including those responsible for maintenance. Each has statutory responsibilities to make sure every trip is as safe as possible.

As monitored by the Federal Motor Carrier Safety Administration, some of these duties include ensuring that:

  • Drivers do not exceed the stringent Hours of Service Regulations, which aim to reduce the impact of fatigued truckers (sleep deprivation is known to be as dangerous as alcohol impairment on the road, per the National Sleep Foundation).
  • Drivers are properly trained and credentialed to operate the type of commercial vehicle with which they’re entrusted.
  • Truckers are medically fit to drive (i.e., they don’t suffer from seizure disorders, visual impairments, diabetes, etc.).
  • Commercial trucks are in good working order, with properly-functioning brakes, tires, fluids, fog lamps, horns, radios, and other key safety parts.
  • Trucks are not overloaded or improperly loaded, as an overweight or unevenly packed truck can be unstable and more likely to crash.
  • Commercial vehicles hauling hazardous material use extra caution to avoid collisions or aggravating factors that could cause mass casualties or environmental/property damage.
  • All trucks and drivers are properly insured per FMCSA rules with public liability and general liability insurance.

This may seem like a lot, but it’s not even an exhaustive list. Unfortunately, many truckers, carriers, and owners fall short of these obligations. Every year, the FMCSA places thousands of large trucks, their drivers, and motor carriers out of service for violating those rules. Sometimes, violations aren’t caught until it’s too late.

If you’re injured in a Georgia truck accident, call the truck accident lawyers with a track record of proven experience and success in these cases.

What Is The Georgia Statute Of Limitations For Truck Accident Injury Civil Lawsuits?

According to Georgia’s statute of limitations (GA Code § 9-3-33), any personal injury lawsuit that arises from a car/truck accident/injury must be filed within 2 years of the accident occurring. Based on this statute, if an injured victim of a truck accident tries to file their lawsuit after the 2-year window, the court will, in most cases, refuse to hear it and the victims will lose any right to receive compensation for their injuries.

Another important thing to consider is that if insurance companies are involved, oftentimes these companies engage in stalling tactics to delay proceedings and avoid paying the victims anything. Based on this, it is best to take legal action regarding your single-vehicle accident injury as soon as possible. At Apolinsky & Associates, LLC, our Atlanta personal injury lawyers take the time to collect evidence and witness statements in pursuit of your truck accident lawsuit.