Atlanta Accident & Injury Blog
Truck accidents cause devastating injuries that can have lifelong effects. The costs of treating these injuries can be astronomical. Without a way to pay for medical bills, injury victims may be saddled with cumbersome medical debt in addition to a painful recovery period. Those who are injured in a truck accident, therefore, have a strong motivation to hold negligent parties accountable and, thereby, liable for their injury costs and other damages.
But how do most truck accident injury lawyers go about proving negligence? Sometimes, showing that a truck driver or trucking company was negligent is easy, such as pointing to a faulty hitch or a driver under the influence of amphetamines. Other times, establishing negligence in a truck accident case can be incredibly difficult, depending largely on obscure facts of law or prior case rulings.
At the heart of every truck accident negligence claim, though, is the idea that someone failed in their duty to keep injury victims safe. Whether that was from a one-time decision to check mirrors before changing lanes or a pattern of careless oversight, the lapse in a duty of care is what is considered to have caused the injuries.
Injury victims must be able to somehow establish that the truck driver, their employer, or a related third-party had a duty and failed to uphold it. Proving this is not always easy, and it often requires the help of an experienced Atlanta truck accident attorney.
Together, you and your attorney can look for the following common factors that give truck accident negligence claims the strength to succeed in court or through the insurance system.
The Four Components of Every Truck Accident Negligence Case
The majority of trucking accident injury cases will use the legal theory of negligence to establish that someone involved in the incident was responsible for the injury and its financial consequences.
Every negligence claim must prove the following four facts:
- Someone (i.e. a truck driver, their employer, or a third party) had a duty of care to do something with the intention that it would keep others safe.
- That individual or company had a breach in their duty of care where they failed to do something they should have.
- That breach in the defendant’s duty of care directly lead to injuries through an accident or incident.
- The injury resulted in real, actual damages, such as medical bills, that can be claimed and recovered through a court process.
In cases where two or more parties contributed to the circumstances of an accident through their negligence, Georgia uses a modified comparative negligence law. Each responsible party is liable for their percentage of fault, including the injured plaintiff. If the plaintiff is found to be 50% or more at fault for their own injuries because of a negligent decision, then they unfortunately cannot recover any compensation from other negligent parties.
Defending against claims that you were negligent and caused your own accident to happen is one of the primary reasons that major truck accident settlements often require the expertise of a seasoned Atlanta truck accident lawyer.
Determining How Someone Failed in Their Duty of Care before a Truck Accident
In a typical auto accident case, establishing a breach in a duty of care often comes down to whether a driver broke an obvious law. Were they speeding? Had they been drinking? Did they ignore a stop sign or traffic signal?
Truck accident claims can be quite similar, except truck drivers and the companies they work with have significantly more laws, rules, and regulations to abide by.
For instance, every truck driver must be well rested so that they can be safe to drive across the nation’s highways. To ensure that truck drivers aren’t neglecting sleep or working too many hours, they must follow hours of service regulations set by the Federal Motor Carrier Safety Administration (FMCSA). One such rule mandates that drivers take 30 minute rest breaks every 8 hours, with few exceptions.
To enforce hours of service regulations, the FMCSA requires all drivers to maintain a log book. This log book can be examined during a case’s discovery period to see if drivers are getting their legally mandated rest. If an employer has not been examining these logs and ensuring that their drivers follow hours of service laws, then they could be seen as negligent.
Some companies even “fudge” or lie about their driver’s hours of service. Inconsistencies or impossible time stamps can reveal a pattern of fraud that shows a trucking company knew about a dangerous condition and did nothing about it.
Another set of laws that can apply to semi truck accident cases are federal and state weight limits. If a contracting trucking company gives a driver an overloaded trailer, they create a greater risk of an accident.
Other common types of neglect include vehicle neglect. Truck owners, trailer owners, drivers, and those who directly use the equipment are responsible for maintaining vital safety systems. Yet, a review of hauling fleet equipment by the FMCSA found that nearly 1 out of every 5 failed their roadside safety inspections.
Failure to maintain something like brakes can contribute to a crash. Depending on the circumstances, it may be the driver or their employer who is at fault for this neglect. Other times, a trucking maintenance company could be found negligent because they did not monitor and repair equipment as requested.
Working with an Atlanta Truck Accident Attorney to Seek Compensation for Your Injuries
Experience with truck accident cases gives attorneys huge advantages when it comes to proving negligence. They will know which laws could have prevented the accident from happening if they were followed as intended. They can also identify red flags in behavior or company practices that reveal patterns of neglect.
For example, a skilled attorney could show that a company was negligent by hiring a driver with a history of substance abuse and major road accidents.
You can learn more about what types of negligence potentially contributed to your accident and how to prove which companies or people were responsible when you work with an Atlanta truck accident attorney.
Schedule a free, no obligation consultation with an Atlanta truck accident lawyer now when you call 404-869-1580 or contact us online.
Anyone who has driven through Atlanta, whether they live in the City or are just visiting, knows how terrible the traffic can be in our City. Highways are congested at just about all hours of the day, and intersections can be incredibly dangerous.
Our Atlanta car accident attorneys have seen firsthand how dangerous these intersections can. Knowing which intersections are most dangerous can help you plan your routes and take extra precautions if you can’t avoid these areas.
Choosing a daycare in Atlanta can be a daunting task. You don’t want to leave your children in a potentially dangerous situation, and trusting reviews on Yelp and other sites can be risky.
As Atlanta daycare injury lawyers, we know these risks all too well. That’s why we want to help you find the best daycare for your child. The Georgia Department of Early Care and Learning’s Bright from the Start provides Quality Ratings, with 3 being the highest quality.
Here are some daycares in the Atlanta area which achieved a three star rating, as defined by Bright From The Start, along with maps from the daycare to our offices if anything ever goes wrong and you need to speak with a daycare injury lawyer.
When a parent or guardian drops their child off at daycare, they often do so assuming that the child is in good, trained, and reliable hands. They trust that the people behind the door are professionals with appropriate training. Parents believe that their children will be safe.
Sadly, as Atlanta daycare injury lawyers, we know that this isn’t always the case:
Our Atlanta car accident lawyers know that Uber and Lyft have become increasingly popular in the city and throughout the state. The use of these two services, and others like it, has boomed in the last few years. Just a decade ago, no one uttered “Call an Uber” as often as they do now. Getting in a car with an Uber or a Lyft driver has become more convenient than ever.
They may be popular, but popularity does not negate the risk. They are still vehicles, after all. When you climb into a car driven by someone else, you are essentially putting your life in their hands.
If you are injured in an accident while riding in an Uber or Lyft, you may not be covered. There are obstacles that are unique to the circumstances surrounding this type of accident.
August started with heavy rainfall throughout the Atlanta area. But rain on the roads is more than just an inconvenience; it’s much more dangerous than people may think.
As Alpharetta car accident lawyers, we have represented countless victims that were involved in car accidents during inclement weather. We have put together a list of driving tips to help you keep yourself and others on the road safe.
The state’s new hands-free law, called The Hands-Free Georgia Act, took effect on July 1, 2018. Chances are that you’ve at least heard of the law even if you don’t know exactly what it mandates.
To help you better understand what is now considered illegal and to keep you on the right side of the law, we’ve put together a quick guide to what can be found on the books. Here’s what you need to know.
A truck accident is often more serious than an accident between two passenger vehicles. The force that a truck packs means that colliding with one often causes more serious injuries to the occupants of the vehicle. Knowing why truck accidents most often occur can help keep everyone on the road safer.
Atlanta’s highways are considered some of the most congested in the country. If you ask anyone who commutes through the city on a daily basis, they can attest to this fact. Whether you live in or near the city or are visiting on vacation, you will be sharing the roads with semi trucks, tour buses and other large vehicles. Driving near these trucks is not the same as driving near another car.
There are simple actions you can take to avoid being in a collision with a semi or causing a semi to hit someone else. Keep reading to discover more about how you can drive safely, and avoid an accident with a big rig.
When you decide to file a personal injury lawsuit in Atlanta, you undoubtedly vet your potential attorney. There may be many things that factor into your decision making, not the least of which is their success in obtaining settlements. If that’s the case, Andrew Goldner should top your list. In a matter of three weeks, the Atlanta attorney won a total of $5.5 million in settlements.