Semi-trucks weigh 20 – 30 times more than a standard passenger vehicle and take up to 40% more distance than a car to stop. Annually, 4,764 drivers die in accidents with large trucks nationwide, and many others suffer life-changing injuries.
At the Law Offices of Darwin F. Johnson, our semi-truck accident lawyers in Atlanta help victims and their families:
- Seek damages from insurance companies, drivers and third parties
- Follow the right steps to seek the maximum compensation possible
Semi-truck accidents include multiple parties, creating a complex legal landscape for the average driver to follow if they don’t know Georgia laws.
Case Illustration of Injury Claim
Heather is driving through Atlanta to see her family, who will be spending time in Myrtle Beach over the weekend. The 27-year-old is traveling down Covington Hwy and has to come to a sudden stop at the intersection of S Hairston Road.
Unfortunately, the big rig behind her was following too closely and could not stop in time to avoid an accident.
The impact of the accident caused Heather to jolt forward, hitting her face on the steering wheel. Her airbags did not deploy, leaving her with significant facial trauma. A broken jaw, cracked teeth and a cracked eye socket are just a few of the injuries she suffered.
Heather can pursue damages for:
- Property damage to her vehicle
- Pain and suffering
- Medical bills
- Lost wages and future wages
- More
Our semi-truck accident lawyers in Atlanta will even consider pressing charges against the vehicle manufacturer because Heather’s airbags, if functioning properly, would have prevented some of the injuries she sustained.
Crash Statistics
Atlanta remains one of the leading areas for automobile accidents in Georgia and the Department of Transportation reports:
- 1,010 tractor-trailer accidents in 2023
- 34,182 total automobile accidents in Atlanta in 2023
- Suspected fatigue and under the influence were the two top factors in accidents
Common Truck Accident Injuries
Truck accidents can cause the same injuries as any other automobile accident, but due to the size and weight of a big rig, the injuries are often more severe, and the risk of death is higher.
Injuries often include:
- Back injuries
- Broken bones
- Bruises
- Cuts
- Fractures
- Neck injuries
- Spinal cord injuries
- Traumatic brain injuries (TBI)
Common Causes of Semi-Truck Accidents
Semi-truck accidents are often caused by:
- Distracted driving: Smartphones, CB radios and other distractions can cause a trucker to become distracted and lead to an accident.
- Fatigue: Truckers maintain demanding schedules, leading to fatigue, falling asleep behind the wheel and a higher risk of accidents.
- Reckless driving: Failing to maintain the speed limit, tailgating and passing are a few of the reckless behaviors that cause truck accidents.
On top of the normal causes of accidents, semi-trucks can also cause accidents due to poor maintenance and cargo loading. If cargo is not loaded properly, a trucker may lose control of the vehicle, and it can even tip over.
Poorly maintained brakes, tires or other components also lead to truck accidents, where multiple parties may be held liable.
How Truck Accidents Differ from Car Accidents
Semi-truck accident lawyers in Atlanta understand that truck accidents differ from car accidents in a few ways, such as:
- Higher risk of death
- Greater risk of severe injuries
Semi-trucks are significantly heavier and deadlier than passenger vehicles, which is why strict restrictions are in place and CDLs are necessary.
How Does the Claim Process Work?
Truck accident injury claims are complex and challenging to navigate on your own. To achieve the best possible outcome and avoid the stress and complications of going through this process alone, it’s best to work with an experienced lawyer.
A lawyer will:
Investigate the Accident
One of the first steps in the process is to conduct an investigation and gather evidence, including:
- Photos and videos of the accident scene
- The police report
- The trucker’s logbooks or black box data
- Eyewitness testimony
- Accident reconstruction data
The investigation stage will help your attorney piece together what happened and why.
Establish Liability and Calculate Damages
Once your lawyer has all the facts and evidence, the next step is to establish liability and calculate your damages.
Georgia’s comparative negligence laws will play a role in calculating your damages and establishing liability.
Submit a Demand Letter and Begin Negotiations
To formally initiate the claim process, a demand letter will be sent to the insurance company. The demand letter provides details about your injuries and losses as well as your request for compensation.
The insurance company may review this document and offer full compensation, but it’s more likely that they will offer a low-ball settlement.
If that’s the case, your attorney will start negotiating to secure a fair settlement.
Who Can Be Held Liable in Semi-Truck Accidents?
Several parties may be held liable in a semi-truck accident, including:
The Driver
Drivers are the most common liable party in truck accidents. The driver was responsible for operating the truck in a safe manner and obeying traffic laws, so they are the party most likely to be held responsible for an accident.
If the truck driver was operating the vehicle recklessly or violating laws or regulations, you may be able to file a claim against them.
The Trucking Company
Trucking companies have a responsibility to hire qualified drivers to operate their vehicles and maintenance crews to maintain their fleets.
If there is evidence that the trucking company’s hiring standards are inadequate or their maintenance crew was negligent, they may be held liable for the accident.
Truck Manufacturers
In some cases, the cause of an accident has nothing to do with driver error or employer negligence. If the truck had a manufacturer defect that was unknown to the driver or trucking company, the manufacturer of the vehicle may be held liable.
Do I Have A Case?
If you were injured in an accident with a semi-truck, you may have a case. Liability will play a big role in determining whether you have a valid claim.
In Georgia, if a party is 50% or more responsible for an accident, they cannot pursue compensation in a personal injury claim.
For this reason, it is crucial to start consulting with semi-truck accident lawyers in Atlanta early on. An attorney will analyze the evidence and establish the other party’s percentage of liability.
Under Georgia law, you have two years to file a personal injury claim, so it’s important to act quickly and start working with an attorney as soon as possible after the accident.
What Is My Case Worth?
If you are injured in an accident involving a semi-truck, you may be entitled to compensation for:
- Medical bills, including rehabilitation, hospital stays, surgeries and future care costs associated with your injury
- Lost wages if you’re forced to take time off of work to recover from your injuries
- Property damage, including the repair or replacement of your vehicle and other property
- Pain and suffering, mental anguish, and other non-economic damages
Determining the value of your case is complex and will depend on several factors, including:
- The severity of your injuries. The more severe the injury, the larger the payout (in most cases).
- The degree of fault in the accident. Georgia is a modified comparative negligence state, so your percentage of fault will reduce your total compensation package.
- How many insurance companies and liable parties are involved?
Because semi-truck accidents are so complex, it’s important to work with a skilled and experienced attorney who will know how to accurately value your claim.
If you were injured in a truck accident, contact us today to schedule a free consultation with one of our semi-truck accident lawyers in Atlanta.
