Atlanta Truck Accident Lawyer
Serving Atlanta, GA and Surrounding Cities
The Law Offices of Andrew Goldner’s truck accident lawyers have handled a variety of Atlanta truck accident claims related to the negligent or reckless driving of a tractor-trailer, commercial truck, and semi truck operator.
When you are involved in an Atlanta semi truck accident, the results can be catastrophic. Your chance of serious injury is incredibly high due to the sheer power of the truck you have collided with. Not only will you be dealing with injuries, but property damage as well. You could be forced to lose time from work and be faced with insurmountable debt. The Law Office of Andrew E. Goldner, your Atlanta truck accident attorney, represents people in Atlanta who have been injured or suffered loss in these types of truck crashes. Our Atlanta truck accident lawyers are here to ensure that you get the compensation you deserve.
It is rarely wise to count on an insurance company to hold a negligent truck and semi truck driver responsible for their actions. An insurance company is in the business of making money, and they don’t do this by paying every claim submitted. Mr. Goldner as your Atlanta truck accident lawyer is here to stand by your side, seeking the maximum amount of compensation available to you under current state law. We are here to assist any victim of an Atlanta trucking accident no matter the cause.
We know that being involved in such a serious accident can take an emotional toll. That is why Mr. Goldner, your Atlanta semi-truck truck accident lawyer, has made it his mission to assist victims and their families in any way he can. Whether you need assistance fighting an insurance company or pursuing damages directly from the negligent driver, Mr. Goldner will use his experience and knowledge to get you what you deserve.
You Don’t Pay Until You Win Your Case
The financial difficulties you face after being in wreck with a semi truck or commercial truck can be devastating. We don’t want to make your life more difficult, and that is why we work on contingency. In other words, you pay nothing up front and if you don’t win, you never pay a dime. We are confident in the truck accident cases we take on, and we are willing to take all of the risks in bringing your claim to court.
Mr. Goldner, your Atlanta truck accident lawyer, will help you secure damages for medical expenses, current and future lost wages, replacement of property and other, intangible, losses. We will help you hold the right people accountable for their actions or inaction. Mr. Goldner, as your Atlanta truck accident lawyer, can represent you against distracted, impaired and even fatigued truck drivers. Let us review the details of your semi truck and truck accident during a no-cost, no-obligation consultation and help you determine the best course of action for seeing the compensation you are legally entitled to.
Meet Andrew Goldner, the Atlanta Truck Accident Attorney
Why You Need An Atlanta Truck Accident Lawyer
You need an Atlanta truck accident attorney on your side, no matter the cause of your trucking accident. The insurance company does not have your best interests in mind. Chances are that the initial settlement offer from an insurance agency is not all that you deserve. Do not accept this offer without first speaking to an experienced and qualified Atlanta truck accident lawyer.
You may not be dealing with medical issues today, but you don’t know what tomorrow will bring. When you choose to accept a settlement offer from an insurance company, you case is, in effect, over. If you begin to experience symptoms of an injury at any point following your acceptance of a settlement, you have little to no recourse to seek compensation. You deserve more than that.
Contact the Law Office of Andrew E. Goldner, your dedicated Atlanta truck accident lawyer, today for a free case evaluation if you’ve been involved in a semi truck accident in Atlanta. You can reach out office at (404) 869-1580 or you may contact us online. Your case requires aggressive representation from a truck accident attorney who will treat you with dignity and respect. Call our team today and, in the meantime, browse our website for more information about our firm and how we can help you.
Things You Should Know About Atlanta Truck Accidents
Distracted driving is a large problem for people operating regular passenger cars. Distracted driving is a huge problem for truck drivers because of the massive pieces of machinery which they operate on the roadways and highways. The FMCSA performed an outstanding study of distracted driving and the operation of commercial trucks. The FMCSA has banned texting while driving a large truck and may soon ban cell phone use by truck drivers unless a hand-free device is used.
The use of alcohol is, of course, regulated regardless of whether one is driving a car or tractor-trailer. However, the use of alcohol is strongly monitored and regulated in connection with the operation of commercial vehicles. In fact, the FMCSA precludes the use of alcohol for a number of hours before operation of a big truck. Further, alcohol testing of truck drivers is mandatory in many post-accident scenarios, regardless of whether the responding police officer believes that alcohol played a role in the wreck.
Driver fatigue or “tired driving” is an issue which has become increasingly important in recent years. The FMCSA actually sets forth rules and regulations pertaining to whether a driver is even allowed to operate a tractor-trailer when he may be fatigued. We have handled cases where various documents (the bills of lading, driver’s logs, and meal receipts) show that the truck driver had been driving for too long and was obviously drowsy, thereby causing a wreck.
When a small car is stopped or disabled on the side of a road or highway, it may present a problem for passing motorists. When a huge tractor-trailer is disabled on the roadway, the vehicle presents a grave danger for those in the area, particularly if visibility is limited. The truck and trailer are usually massive pieces of machinery. If a passing car collides with the tractor or trailer, there is usually a terrible consequence. The FMCSA has set forth numerous rules which a driver must follow if his truck becomes disabled in or around the roadway. We have seen many cases of motorists colliding with stopped or disabled trucks which were not appropriately marked and did not have the necessary reflective triangles deployed.
It is important to understand that Georgia, and most other states, impose their own rules on commercial drivers and vehicles. Generally speaking, the FMCSA rules are the most important for lawsuits involving truck claims. The Georgia Public Service Commission (GPSC) regulates motor carriers which operate within the state of Georgia only (i.e., intrastate carriers). In practice, the GPSC had adopted the Federal Motor Carrier Safety Regulations as the law for motor carriers in Georgia.
We encourage you to review our past results in trucking cases, review what our prior clients have said about our work, and then call our firm for a free evaluation of your trucking case. The Atlanta truck accident lawyer is ready to help you today.
As an Atlanta truck accident attorney, I have seen many tragic cases of people badly injured or killed by a truck driver who should never have been on the road. Many truck wreck cases are focused upon the truck driver’s history of accidents while driving commercial vehicles. However, it is important to investigate whether the truck driver even should have been behind the wheel of a tractor-trailer.
First, the Federal Motor Carrier Safety Administration mandates that, with very limited exceptions, anyone operating a commercial vehicle (think big truck, tractor-trailer) must have a Commercial Driver’s License. CDL (Commercial Driver’s License) Applicants must have a “good” driving record. To the FMCSA, a “good driving record” means that during the two years before the driver tries to get a CDL he has not had his license suspended, revoked, and has not had any serious traffic or driving offense (which would be disqualifying) as noted in 42 C.F.R. 383.51. The common sense purpose behind these rules is that the federal government (and by extension state governments) do not want people who have proven themselves unsafe in passenger cars to be operating a 60,000 pound truck.
A truck driver is also permitted to have only one driver’s license. This allows for consistent and effective monitoring of the driver’s license. In addition, a driver must demonstrate appropriate knowledge and skill with respect to the inspection and operation of a tractor-trailer.
Knowing that even a skilled and qualified driver may cause a serious wreck, the FMCSA mandates that trucking companies maintain a minimum level of financial responsibility. This serves to provide at least some compensation to victims of truck accidents.
As an experience trucking accident lawyer, Mr. Goldner has represented a number of clients who have been injured in collisions with semi and other commercial trucks. Some people experience immediate and obvious injuries at the accident site. Others suffer pain extreme pain after some time before seeking treatment. Insurance adjusters typically argue that any delay in treatment shows that the accident and injuries were “not that serious.” The insurance companies try to paint the injured accident victim as someone who is out for money only and trying to “milk” the accident.
I have seen two primary “delayed” injuries. First, people who suffer broken ribs in car and truck wrecks often do not know that their ribs are broken until xrays are taken. Estimates are that 10% of patients admitted to the hospital after blunt force trauma (for example, an accident victim’s chest impacting the steering wheel) suffer a fracture of one or more ribs. In today’s day of cost-saving medicine, physicians are sometimes reluctant to order xrays of trauma victims. The failure to “look inside” via chest xray sometimes results in rib fractures going undiagnosed until the patient follows up for subsequent symptoms.
Another “delayed injury” we often see in serious truck accidents is bleeding in the brain. A brain bleed may present in many fashions, including subdural hematoma, subarachnoid hemorrhage, among others. Sometimes, the brain injury and bleed presents immediately at the accident scene. However, frequently, the bleeding is delayed. This situation can be dangerous where a car wreck victim present to an emergency room after an accident and undergoes a CT scan which is interpreted as clear. Then, confusion or a headache occurs later in the day. These symptoms are a tell-tale sign of a brain bleeding and injury.
The first thing that will take place is an investigation into the accident. A personal injury attorney can initiate the investigation on your behalf, just as the insurance company of the at-fault party will be initiating their own investigation.
The next thing your Atlanta truck accident attorney will help you do is file a lawsuit in civil court. They will begin the process of discovery, gathering evidence to help prove your case.
Mediation is the next step. This is an out-of-court process where all parties will meet and try to come to a settlement that is fair to everyone involved. In many cases, the opposing parties will be kept in different rooms and a mediator will act as a go between.
In the event that an agreement can be made, the case will move to trial. Both sides will present evidence and a jury or judge will deliberate and come to a decision. The decision is legally binding and must be abided to.
Many victims of trucking wrecks do understand that where a case is filed matters. People who suffer serious injuries during a trucking wreck are understandably focused upon healing and then find a trucking lawyer who can assist them with their case. As a trucking injury lawyer practicing in Fulton and Dekalb County, Atlanta, Georgia, I have seen first hand how the county (otherwise known as the venue) where a case is filed may dramatically affect the case. How?
Counties, like states, differ in terms of the socio-economic make-up of their residents. There are “red” and “blue” states and counties. Typically, conservative counties award less money than so-called liberal counties. Importantly, however, you cannot simply choose whichever county you want. The Georgia Constitution and subsequently-enacted statutes mandate where a citizen can file any lawsuit, including a personal injury action.
Generally speaking, residents of Georgia must be sued “where they reside.” Importantly, many lawyers do not know that trucking companies are frequently subject to being sued in the county where the accident happened. If the trucking company is an intra or inter-state motor common carrier, they are subject to suit in the county where their driver caused the wreck. Note that, for example, a Home Depot truck carrying supplies from one Home Depot to another would not fall within this statute because that truck would not qualify as a common carrier in that instance.
Clients are frequently surprised by the analysis that must go into the decision regarding where to file a lawsuit. There are numerous considerations, including but not limited to: is the defendant driver/trucking company well-known and/or well-liked within the county; how long has the plaintiff lived in the county; how quickly can the plaintiff expect to get her case to trial; are the juries in the venue known to be reasonable with monetary awards; etc.
If you have been involved in an Atlanta truck accident, reach out to an experienced truck and semi-truck accident attorneys for assistance. An Atlanta truck accident attorney will be able to advise you as to your legal options in Georgia.
Medical Bills for Truck Accident Injuries
With medical bills piling up after your Atlanta truck accident, you may be wondering, “How am I going to pay for my health care?” Your first option is to file a claim with your health insurance to pay for emergency room treatment, doctor’s office visits, physical therapy, and more. If your medical provider offers to bill your auto insurance to cover your bills, ask them to bill your health insurance company first. Your car insurance should only be an option if your health insurance denies your claim.
If you were not solely at fault for the accident, you may seek compensation through a lawsuit in Georgia. Our Atlanta truck accident attorneys will help you pursue the best possible legal options available to you.
Don’t neglect to pay for your medical bills while waiting for an outcome in your truck accident case. If you do, you may be sent to collections by your health care provider. You may need to pay out of pocket for some expenses before you receive your settlement amount. Your attorney will fight to get you the compensation you deserve so you won’t have to add financial troubles to the list of your worries.
Keep in mind that Georgia’s comparative negligence law states that the percentage of the compensation you receive is based on your contribution to the cause of the wreck. For example, if you are found to be 30% at fault for the accident, you will receive 30% less than the total amount of your expenses. Your Atlanta truck accident lawyer will help you understand what level you may be considered at fault for the crash.
Commercial Vehicle Codes to know when Talking to a Truck Accident Attorney
- 40-8-2: Unsafe vehicles, DPS safety rules authority
- 40-8-3: Load dragging on roadway
- 40-8-7: Operating unsafe vehicle
- 40-6-50(b): Driving in emergency lane, gore, or median
- 40-6-52(b): Improper lane use on multi-lane highways
- 40-6-254: Unsecured loads
- Learn more about these and additional codes at Georgia Department of Public Safety
By: Jennifer F.
I was involved in an accident where a delivery truck ran a red light and hit my van. I injured my neck and needed surgery and I knew that I needed an attorney that would make sure me and my family were taken care of. Andy did just that! He walked us through each step and was always honest with us about what to expect. He was able to negotiate a great settlement without going to court and we are so grateful for everything he did for us!
Law Offices of Andrew Goldner, LLC | Atlanta Truck Accident Lawyer | Atlanta Semi Truck Accident Attorney
Phone: (404) 869-1580