Marietta, GA Truck Accident Attorney
The Law Offices of Andrew E. Goldner’s Marietta truck accident lawyers handle claims related to the negligent or reckless driving of a tractor-trailer, commercial truck, and semi truck operator.
Were you injured in a truck wreck? Contact Marietta truck accident lawyer Andrew E. Goldner now for a free consultation.
Being involved in a Marietta trucking accident can be devastating. The odds of being severely injured from the truck are very high because of the power a large truck carries with it. While you are worrying about healing, property damage, and more, you shouldn’t have to wonder if the trucking company will be held accountable.
The Law Offices of Andrew E. Goldner will represent those harmed from truck accidents and will act to protect their families from the potential impact of losing a loved one. Our Marietta truck accident lawyers will make sure you get the compensation you deserve.
Truck drivers will never admit they did anything wrong because their job may be on the line. And insurance companies are worried about one thing: money. You need someone in your corner to defend and protect your rights.
Mr. Goldner will stand by your side as your Marietta truck accident lawyer. He will seek the maximum amount of compensation available under current law, and do most of the legal heavy lifting so you don’t have to.
A truck accident can not only be devastating, but terrifying as well. The emotional trauma you’ve experienced is not something to be overlooked. Mr. Goldner will be sure to assist your family in any way we and we have made is a mission to be courteous, available, and responsive to any client entrusted to us.
What is the truck’s “black box” and what does it track?
A truck’s black box is a device that can be mounted onto the control panel or under the passenger seat. It’s used to record all manner of information pertaining to the truck and its driver. The black box may record:
- The trucker’s time driving
- Speed logging
- Any sudden braking
- Communication between the driver and their employer
Why Commercial Truck Black Boxes Are Crucial for Tractor-Trailer Accident Victims
In some situations, it can be hard to prove negligence on part of the truck driver. That’s why a black box can help substantiate claims of carelessness or negligence in a trucking accident. The black box can prove that the driver braked erratically or was speeding between drop-off locations. When you have a huge vehicle like an 18-wheeler, rushed driving is a terrible idea.
Electronic Logging Devices
Electronic logging devices, called ELDs, are used and intended to make a safer work environment for drivers and the motoring public. These machines help facilitate and accurately track several types of records. Most motor carriers and drivers are required to maintain a record of duty status (RODS). The ELD devices protect drivers from harassment and coercion from employers by ensuring they are getting proper rest in between stops on their truck routes. But, as with most electronic devices, they can be manipulated and must be carefully studied.
In the event of an accident, your Marietta truck accident lawyer will be able to view these records to see if the truck driver was sleep-deprived or over the daily allowed driving hours.
What To Do After a Truck Accident
1. Call the police.
No matter what anyone says, make sure you call the police to the scene of a truck accident. Truck accidents can be severe, so you need a police report to accurately record the scene for future use. Additionally, you will likely need emergency services.
2. Check for injuries.
As soon as the police have been called, check for injuries. Check for numbness, tingling, or any obvious wounds on you, your passengers, and the other driver. If you believe you’re experiencing numbness due to a back injury, it may be best to wait for paramedics to get to the scene. You don’t want to move any person who may have had a back injury–sometimes, moving them makes it worse.
3. Identify all parties involved.
Take pictures of insurance cards, trucking symbols, logos, and the other driver’s license and provide yours for them to record. The trucker may be at fault, but if their trucking company was rushing the delivery or not maintaining their truck, they could be liable for additional damages.
4. Document everything.
If you’re able to move safely, take pictures of everything. Property damages, injuries, and the other driver. Try to flag down a few witnesses so you’ll have strong support from witnesses if you aren’t at fault. Record your recovery from your injuries with a video journal or even a written diary. The pain and loss you’ve experienced isn’t quantifiable (like medical bills or lost wages), but it is compensable.
5. Speak carefully.
Admit no fault in the accident. Trucking and insurance companies are quick to submit compassion as proof of fault. That means a compassionate “Sorry” to the other driver for empathy could be seen as an admission of guilt. Take care with your words. Stick to the facts.
6. Contact a Marietta truck accident lawyer.
Injuries and damages are more severe in trucking accidents. This means that you have more to lose if you don’t secure proper representation as soon as you can. A lawyer can help navigate the complicated legal waters of trucking accident lawsuits and deal with the insurance companies while you focus on healing. It’s good to have someone on your side from the beginning.
Don’t wait, call today.
The main difference is one of size. A fully loaded truck usually weighs between 70,000 and 80,000 pounds, while your typical passenger car weighs just around 3,000. Other differences may include the potential presence of hazardous or flammable materials or chemicals on trucks and the possibility of jackknifing with big rigs.
Because commercial vehicles, like 18-wheeler trucks, are so much bigger and more dangerous than standard cars, truckers are required to carry more liability insurance. Their higher liability limits mean that more money is available to you in the event that an accident occurs and you are injured.
In Georgia, fault is usually determined by examining whether there were traffic laws broken by the truck driver, most commonly speeding, in the course of the accident. Your attorney may also help you determine whether a third-party, perhaps the truck manufacturer or owner, was negligent in some manner. According to Georgia’s modified comparative negligence laws, you can only recover monetary damages if you are less than 50% at fault for the accident.
In some cases, yes. If it has been determined that the trucking company for whom the driver works was negligent (for example, if they provided a badly maintained vehicle to the driver), that company may be liable for damages caused by the truck’s malfunctioning. The same goes for the truck manufacturer or even a mechanic that worked on the truck in question.
A truck’s no-zones are the places around the truck where the driver is either unable, or finds it extremely difficult, to see other vehicles. Most commonly, these “no-zones” are to be found on either side of the cab, roughly 20 to 25 feet in front of the cab, or as much as 200 feet from the truck’s rear. Remember, if you cannot see the driver in the truck’s mirror, the truck driver cannot see you.
As is the case with many accidents involving semi-trucks, there are not only local laws but state and federal ones as well that need to be known and navigated. An experienced lawyer will help you to maneuver within this unfamiliar terrain; they stay up-to-date with changes in the laws in their practice areas and geographic locations. Beyond that, an attorney can help you collect evidence and find credible witnesses to back your claim as to the cause and result of your accident.
No. It would be unwise for you to give any statement to the insurance company after your accident, as you will probably be shaken up and perhaps in a distracted state of mind. A recorded statement can, and most often, will be used against you in any subsequent court proceedings or settlement discussions. Your attorney can speak to the insurance company on your behalf to help you get the best settlement possible.
Yes, even if the accident was partially your fault, a good lawyer in Georgia will be able to recover damages for you as long as it is determined that you were under 50% responsible for the accident, due to the state’s modified comparative negligence law.
Your car accident attorney can help you to recover your past and future medical costs of injuries sustained in the accident, property damage costs, wages lost from missing work, and standard pain and suffering damages.
Absolutely. There are many state and federal regulations governing truck drivers, including those that mandate certain rest periods to take exhausted drivers off the roads, minimum hours of service, and the speeds which they can safely travel.
Common Causes for Truck Accidents
Distracted Driving and Commercial Vehicles
Distracted driving is dangerous for any driver on the road, but when you’re pulling a 40 ton machine, distracted driving can prove to be even more fatal. All cell phone use by truck drivers is forbidden unless drivers use hands-free devices.
Alcohol Use By Truck Drivers
A drunk driving incident with a big truck can be devastating. In fact, drug and alcohol testing is mandatory after accidents regardless of whether the responding police officer believes alcohol or drugs played a role in the accident. Additionally, truck drivers are required to stop consuming alcohol hours before driving commences. No matter what vehicle you’re driving, getting behind the wheel drunk could only ensure the changing of a life.
Commercial Driver Fatigue
Drivers may not drive after 70 hours in 8 consecutive days, or after 60 hours on 7 consecutive days. They are also limited to driving 14 hours after 10 hours of off time per shift. Can you imagine driving for 14 hours? It’s no wonder that some drivers succumb to driver fatigue that can cause drowsy driving, swerving out of lanes, or distracted driving. Mr. Goldner, our Marietta truck accident lawyer, knows how to pull driving logs and information from the driving modules to ensure the driver was obeying all the rules set forth by the Federal Motor Carrier Safety Administration (FMCSA).
Stopped Or Disabled Tractor-Trailers
Pulling a car over on the side of the road or even just putting your flashers on in the middle of the road is seen as an inconvience to most motorists, but when a large truck is disabled in the middle of the road, it poses dangers for all those around it due to lack of visibility. Passing cars that collide with a stalled truck can cause massive damage to the truck and accident. And because these trucks are so large, the FMCSA set up rules for truck drivers to follow in the event of a truck breaking down. Flares, reflective triangles, and more help let people passing by know that they should exercise extra caution when moving around a large truck.
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. Your new Marietta truck accident lawyer is ready to help today.
Unqualified Truck Drivers
When someone repeatedly get in car accidents recklessly, their license is taken away. With a truck driver, rules can be a bit different as one bad decision can ruin the lives of many people. Unfortunately, we have seen many truck accident cases when the driver should never have even been on the road to begin with.
As Marietta truck accident attorneys, we 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).
CDL applicants must have a “good” driving record. To the FMCSA, a “good driving record” means that during the two years before the driver applies for a CDL they have not:
- had their license suspended
- had their license revoked
- had any serious traffic or driving offense as noted in 42 C.F.R. 383.51
The common-sense purpose behind these rules is that the federal government doesn’t want people who are reckless driving around small car to have access to a 60,000 pound tractor trailer.
Truck drivers are only allowed one driver’s license. This make it easier to track and monitor each drivers actions, traffic issues, and more. Drivers also must for proficiency in 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.
What kind of driver error causes truck accidents? Read here
Common Types of Truck Accident Injuries
When a truck is making a wide left turn and is collided in the side by another car, this is a left turn wreck. These truck accidents can be devastating. Most cars that end up in these wrecks are just trying to beat traffic or cut ahead, but it is never worth the seconds you would save if you get in a car accident.
When a vehicle partially slides under a huge truck and gets caught in the truck’s tires, it can lead to severe injuries or even death. Underidding may happen when a truck careless gets over into another lane without checking, and crushes the car from the side.
There is a reason federal law requires tractor trailers to place large reflective warning markers behind stopped vehicles. This is to alert motorists that the truck is stopped and/or disabled and they should give them space. Cars that don’t heed this warning, or trucks that don’t take the necessary precautions when stopped, can lead to a devastating collision.
A rear-end accident can leave drivers with whiplash and a bent fender, but when the vehicle rear-ending you weighs 60,000 pounds and is speeding, the damge left behind can be devastating and even fatal. As the most common type of truck accident, by sure to never cut off or slow suddenly in front of a big truck.
Improper Lane Change
If a tractor trailer improperly changes lanes, it can cause smaller vehicles off the road, to over correct, or worse. Sometimes truck drivers believe they rule the road because they are large, but they are subject to not only to the same laws as us, but a whole group of laws and regulations that only target truck drivers. And sometimes, truck drivers will just not be able to see all the cars around them, which is why it is so important to educate yourself on truck no-zones.
Talk to Marietta Truck Accident Attorney Andrew E. Goldner Today
If you’ve been injured in an Marietta truck accident, you have rights. Call Andrew E. Golder today at (404) 869-1580 or contact us online for a free, no-obligation consultation.
When you call Mr. Goldner, you can rest assured that he’s fighting for every penny you’re entitled to. He never takes a low-ball offer, just to be done with the case quickly. Instead, he thoroughly investigates every detail of the case to ensure you get the compensation you deserve.
Never let money be the reason you don’t call a truck accident lawyer in Marietta. If we don’t win your case, we don’t get paid. You never owe us anything upfront. What’s more, your initial consultation is free, and you’re under no obligation to hire us after your consultation.
Don’t wait if you have been in an accident in Cobb County. Contact us today to speak with an experienced Marietta truck accident attorney to learn how we can help you get the compensation you deserve.
How Our Marietta Truck Accident Lawyers Can Help You
The financial difficulties you face after being in a 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 secure a settlement offer or verdict, 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 Marietta 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. As your Marietta truck accident lawyer, we can represent you against distracted, impaired, and 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 seeking the compensation you are legally entitled to.
Truck Accident Questions and Answers
What can I do to protect my rights after a truck accident?
The best thing you can do to protect yourself and your rights after a trucking accident is to secure an experienced Marietta truck accident lawyer. A truck accident lawyer will help you understand your options, negotiate with the insurance and trucking companies, and charge you nothing up front. You also won’t pay a dime until your case is settled either out of court or by a jury.
After a severe injury, the doctor often doesn’t tell you to get out there and make those responsible pay – they tell you to rest and heal. And with Andrew E. Goldner on your side, you can just focus on healing. He’ll do the rest.
What should I do if someone from the trucking insurance company calls me before I’ve picked a truck accident lawyer?
This happens all the time. Sometimes, even before you’re back from the hospital, insurance adjusters will call and attempt to get a recorded statement. It’s easy to slip up and say “Oh, I’m fine,” when you really aren’t.
If the adjuster calls you soon after your accident, they know they are in trouble. Refuse to give a recorded statement as you are in the process of selecting a lawyer. Then, give Andrew E. Goldner a call. He will be happy to represent you and earn the maximum compensation for your injuries and damages possible.
Read more in our FAQ “Should I talk to insurance?”
Who can be sued in a truck accident case?
Truck accident cases can be complicated as it’s not initially obvious who might be responsible for the accident. Was it the fault of a poorly-maintained vehicle, a distracted or drowsy driver who has been pushed too far, or just an accident, pure and simple?
Read our in-depth FAQ “Who can be held liable for a truck accident?” to learn more.
How much does it cost to hire a truck accident lawyer?
A good truck accident lawyer will use a contingency fee structure in their truck accident lawsuits. This means that a lawyer will not take a case they do not believe they will win. This also means you don’t pay anything until your case is won and they only take their fee out of the award at the end of your lawsuit.
Read more in our FAQ “How much will a truck accident lawyer cost?”
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 | Marietta Truck Accident Lawyer | Marietta Semi Truck Accident Attorney
Phone: (404) 869-1580