Overloaded Truck Accidents in Georgia: Who’s Responsible?

In 2021, 5,788 people died in truck accidents in the US, a 17% increase from 2020. Overloaded trucks are a major safety concern on Georgia’s highways and roads. When a truck is overloaded, it becomes much harder to control and stop, greatly increasing the risk of an accident. Truck accidents often cause serious injuries and fatalities due to the massive size and weight of large trucks. So, who is legally responsible when an overloaded truck is involved in an accident in Georgia? There are a few parties that can share blame.

The Truck Driver

The truck driver operates the vehicle and is responsible for ensuring it is not overloaded before getting on the road. Georgia law states that a driver must not operate a commercial motor vehicle that is loaded beyond its maximum weight capacity. If the driver knows or should reasonably know that their truck exceeds weight limits, they can be found negligent for driving an overloaded truck. The truck driver can face traffic citations, fines, and criminal charges for operating an overloaded vehicle. They may also be named personally in any civil lawsuits filed by injured accident victims.

The Trucking Company

Trucking companies have duties when it comes to preventing overloaded trucks. They are responsible for loading procedures and weighing trucks before they leave the terminal. The company should train and supervise drivers on load limits. If a pattern of overloading trucks is discovered, the trucking firm can be accused of negligent supervision and practices. Like drivers, trucking companies can face hefty fines and penalties if caught dispatching overloaded trucks. Accident victims often choose to sue the trucking company as they tend to have deeper pockets than individual drivers.

The Loading Company

In some cases, a separate warehouse or distribution center is responsible for loading cargo onto a truck. If the loading company is negligent and surpasses weight limits, they can share liability for an overloaded truck accident. For example, if a warehouse foreman insists on cramming too many pallets onto a trailer despite the driver’s protest, their actions could be found culpable. Facility loading dock workers must be careful not to overload trucks beyond legal limits. 

Shippers/Brokers

Sometimes the party that arranged the cargo transport is sued after an overloaded truck crash. Shippers and brokers have a basic duty to avoid hiring carriers that break weight limit laws. If they turn a blind eye to a pattern of overloading trucks, the shipper may face some level of responsibility for overweight truck accidents. Plaintiffs often claim the shipper should have known the trucking firm routinely operated overloaded vehicles based on the amount/weight of cargo being shipped.

Manufacturers

Truck and trailer manufacturers can also be drawn into lawsuits if products they produce are found to be defective or not suited to handling overweight loads. For example, a truck manufacturer could be accused of negligence if its vehicle’s brakes or tires fail due to overloading. Trailer companies may also be targeted if their equipment buckles or malfunctions when carrying excess cargo.

Government Agencies

In rare cases, a government agency like the Georgia Department of Public Safety can share fault if they fail to address overloaded trucks. For instance, if the department is aware that a certain carrier constantly operates overloaded yet fails to intervene, their inaction could potentially create some liability in future accidents. However, government bodies are often protected by sovereign immunity laws that make them difficult to sue.

Determining Fault and Compensation

When an overloaded truck crashes in Georgia, insurance claims adjusters and lawyers will investigate which parties contributed to the overloading. Multiple defendants are often named in lawsuits and fault is apportioned between them. Those found most responsible for the overloading pay the lion’s share of any settlement or court verdict awarded to the injured victim(s). Damages in overloaded truck accident cases can include medical bills, lost wages, pain and suffering, and wrongful death damages when applicable. 

An experienced truck accident attorney from The Brown Firm can help accident victims and families pursue maximum compensation if they are injured or impacted by a preventable crash caused by an illegally overloaded truck. Proving weight limit violations and overloading requires detailed evidence collection and expert analysis. By naming all negligent parties in a lawsuit and demonstrating their role in the overloading, victims can recover the compensation they deserve.

Visit one of our offices to discuss your case. The locations are as follows:

  • 7176 Hodgson Memorial Drive, Savannah, GA 31405 
  • 320 East Clayton Street, Athens, GA 30601 
  • 197 14th St. NW, Suite 200, Atlanta, GA 30318 
  • 110 Traders Cross #226, Okatie, SC 29909 

Or call now for a free consultation on (800) 529-1441.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Winning $650,000 for Woman Rear-Ended by Commercial Truck

Large, commercial trucks can cause a lot of damage, especially to smaller passenger vehicles. When one of these trucks hits a regular car, injuries to the driver (and passengers) tend to be serious and the resulting truck accident case can be complex.

For our client, LT, getting hit by a commercial truck turned a regular summer day into a drawn-out series of therapies, injections, procedures, and a recommendation for spinal surgery.

Keep reading to hear LT’s story, including an insultingly low offer from the insurance company and how The Brown Firm helped her secure the compensation she deserved.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

LT Is Rear-Ended by a Much Larger Vehicle

On a summer day, just before the Fourth of July, LT was driving her car down the road. At one point, she slowed to stop (along with the rest of traffic).

Suddenly, LT’s car was rammed from behind by a truck weighing 2,000 pounds more than her vehicle. While the collision wasn’t strong enough to cause immediate, catastrophic injuries, it was certainly enough to do damage, including sending LT into the coming months with increasing pain from head to toe.

LT was immediately seen for her injuries, which manifested as pain in her neck, back, and shoulders. At the time, she was instructed to take prescription pain medication and get further attention if the pain continued.

commercial truck accident

Despite LT’s Head-to-Toe Injuries, the Insurance Company Makes an Insulting Offer

Within a couple of days, LT was back to the doctor. Her pain had not subsided; in fact, it had spread to her legs, and she was having headaches.

By the end of the month, LT was experiencing pain in her head, back, and limbs, as well as insomnia and depression. Her doctors and therapists administered injections and other treatments, and by November they were beginning to talk about surgery.

At that point, LT had racked up significant medical bills, with even larger ones anticipated for her surgical needs. Because the other driver and their employer’s liability was unquestionable, we expected a typical round of negotiations before reaching a settlement.

However, the insurance company wasn’t budging, and presented LT and our legal team with an insultingly low offer. We knew it was time to get tough.

A Forced Lawsuit Results in a Massive Settlement

The truck that rear-ended LT was a commercial vehicle. The company the driver worked for was certainly large enough to carry a huge insurance policy and established enough to be prepared for this type of claim.

Of course, they also had the clout to try to settle these claims for as little as possible. When we refused the lowball offer, they still weren’t willing to negotiate reasonably.

Ultimately, we filed a lawsuit. With this kind of case, even the insurance company knows how things will look to a jury and going to trial was not something they wanted to do.

When all was said and done, we secured a $650,000 settlement for LT. As she undergoes surgery and continues to heal, this money will give her peace of mind and the ability to move ahead with her life.

RELATED: Lower Back Pain From a Car Accident? Understand Your Options

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The Brown Firm Fights for What You Deserve, and Not a Penny Less

At The Brown Firm, we stand by our motto of protecting the injured. Not only does this mean fighting for fair compensation in the face of insultingly lowball offers, but it means walking with you through the major milestones and small details of your case.

If you or someone you love has been injured because of someone else’s negligence, and the insurance company is giving you the runaround, it’s time to work with a personal injury attorney who has your back. To set up your free consultation today, call (800) 529-1441 or complete the simple contact form on our website.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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How Many Accidents Are Caused by Semi Trucks, and What Are the Common Causes?

Being involved in a commercial truck accident is not the same as being in a regular passenger vehicle accident. Not only do large truck crashes frequently cause more severe injuries than other kinds of motor vehicle accidents, but the resulting personal injury cases are often much more complex to handle, too. Tricky laws and regulations, multiple potentially liable parties, a significant amount of evidence to evaluate, and other factors can all add to the difficulty.

Many large truck accidents could be easily avoided. Unfortunately, drivers who aren’t alert and diligent behind the wheel of a massive vehicle can cause extensive damage. Just one reckless mistake can lead to a catastrophic or even fatal truck accident, and many truck accidents result from driver error on the part of the truck driver, or negligent practices on the part of the trucking company.

This article will provide some statistics on semi-truck accidents and explore what often leads to those numbers. We’ll also outline how a personal injury attorney can help injured people in Georgia pursue the compensation they deserve after being injured by a semi-truck.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

How Many Accidents Are Caused by Semi-Trucks Each Year?

Large truck crashes have been on the rise in Georgia and the nation in recent years. In 2019, our state was ranked fourth in the country for number of fatal crashes involving commercial trucks, trailing only Texas, California, and Florida.

Of the approximately 510,000 big truck crashes in 2019 in the United States, about 118,000 resulted in injury and 5,000 resulted in death. In Georgia, there were 195 fatal truck accidents resulting in 204 deaths, and the vast majority of the victims (173 out of 204, or 85%) were occupants of other passenger vehicles or pedestrians.

As a motorist, you can do little about the behavior of semi-truck drivers. Still, knowing the common causes and what to look for can help you better understand your case.

what causes truck accidents
what causes truck accidents

Common Causes of Semi-Truck Accidents

While any crash involving a big truck is likely to be more damaging than a crash with smaller vehicles, many of these fatalities and other catastrophes are caused by negligence or even recklessness on the part of the driver, their employer, or another entity involved with the truck itself.

Fatigue

Despite strict rules regulating how long drivers are permitted to drive without rest, many drivers do not follow them, often due to pressure from their employers. Driving while fatigued is sometimes because trucking companies demand delivery of goods within a certain time frame. Those deadlines may not be possible to meet without driving for extended periods without rest.

With poor or too little sleep throughout their journey, truckers can lose concentration and coordination while driving. In some cases, the driver may even fall asleep at the wheel.

Evidence of a truck driver being fatigued at the time of an accident isn’t the easiest thing to collect. However, working with a personal injury attorney means you have someone who knows where to look, such as driver logbooks and dash cam recordings. These are often complex and time-sensitive materials, and your lawyer will know how to navigate that system and make sure the evidence is preserved before it can be destroyed by the trucking company.

Speeding

Because trucking companies often require drivers to reach specific destinations within a specified time frame, many drivers end up speeding to reach their location on time.

When a commercial driver speeds, they put themselves and other drivers in grave danger. If a standard motor vehicle is hit by a semi-truck going at high speed, the result can be fatal.

A commercial truck’s sheer size (30,000 to 80,000 pounds) makes it that much harder to slow down or abruptly stop if needed. If a driver is trying to avoid an accident while speeding, even if their reflexes are sharp, the stopping distance may still be too long. The driver may end up veering into another lane or not be able to stop in time to avoid an accident.

Lawyers often work with expert accident reconstructionist to determine factors such as speed, another complexity that would be a lot to handle as an injured person.  

Substance Abuse

Some truck drivers turn to alcohol or drugs to cope with the demands of their job. While some only take these substances off duty, others abuse them while operating a commercial vehicle.

If a driver is impaired while driving, it’s all too easy for an accident to occur. When a driver’s full attention is not focused on the road, an accident can occur, causing harsh injuries and damages. Causing an accident while impaired will often lead to a criminal offense, loss of commercial driver’s license, job loss, and possible jail time.

Anyone injured by a truck driver under the influence should pursue compensation. The help of an experienced personal injury attorney increases your chance of getting the entirety of the money you deserve.

Poor Vehicle Maintenance

Commercial truck drivers often drive hundreds of miles each day, so truck owners are required to make sure their vehicles are in top-notch condition before their drivers hit the road. Vehicle maintenance is sometimes overlooked due to the cost involved and the time it takes to maintain the trucks properly.

Poorly maintained trucks are a huge reason for commercial trucking accidents. Some of the most common issues include:

  • Maintenance Errors: Improper vehicle maintenance can lead to an accident that can be blamed on the truck owner, trucking company, or maintenance company (and not necessarily the driver).
  • Design Defects: If a truck was not properly designed or has poor parts installed, such as failing brakes or tires, the chances of an accident are greater. The designers and manufacturers may be held liable if an accident occurs.
  • Cargo Issues: There are several ways that cargo issues can cause an accident. The cargo might be dangerous or mislabeled, leading to a hazardous spill or explosion. Cargo may have been loaded improperly: incorrect weight distribution can cause a rollover accident.

Bad Weather

Bad weather conditions such as excess rain, heavy snowfall, ice, or fog can impact one’s ability to drive safely, especially considering the above factors. Due to the heavy weight and slow stopping speeds of semi-trucks, it’s easy for a driver to cause an accident during inclement weather.

Driving at an appropriate speed for all weather conditions and braking properly to avoid skidding, jackknifing, and hydroplaning is essential for all truck drivers. Those who are not properly trained to drive during bad weather conditions should pull off to the side of the road to wait out the storm. Avoiding an accident is much more important than risking lives.

RELATED: The Most Common Types of Truck Accident Cases

how many accidents are caused by semi trucks
how many accidents are caused by semi trucks

How Personal Injury Attorneys Can Help People Injured in Passenger Vehicles

Pursuing a case against a or their employer is different than making a claim against non-commercial motorists in passenger vehicles.

Trucking companies are fully aware of their potential liability when it comes to truck accidents. That’s why they typically carry massive insurance policies—but also why they and their insurance companies fight so hard to keep their costs as low as possible.

For most people injured by semi-trucks, taking this on alone is going to be overwhelming, especially while healing physically, mentally, and emotionally. Lawyers bring not only their knowledge and experience, but a network of legal, medical, and traffic experts who work together to build your case.

RELATED: Can I Sue for Being Hit by a Semi-Truck?

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how many accidents are caused by semi trucks
how many accidents are caused by semi trucks

What to Do if You Were Involved in a Commercial Semi Truck Accident

If you were involved in a commercial truck accident caused by a truck driver or trucking company’s negligence, it’s important to contact an experienced truck accident lawyer for legal help as soon as possible. Since truck accidents are often extraordinarily complex, it’s crucial to have legal help so the other party’s insurance company doesn’t take advantage of you.

The Brown Firm has a team of highly trained and skilled truck accident lawyers who specialize in helping the injured receive the compensation they deserve. Seeking the help of an attorney as quickly as possible will provide you with the best chance at protecting your legal rights.

Often in a truck accident case, multiple parties can be held responsible for the accident. Even if the truck driver did nothing wrong, the trucking company, manufacturer, cargo loader, or other organization may be liable, and responsible to compensate you for your losses.

At The Brown Firm, our attorneys provide free consultations to truck accident victims. Our goal is to help each client receive the benefits they deserve for pain and suffering caused by another’s negligent behavior.

If you or your loved one were hurt in a semi-truck accident in Georgia or South Carolina, call (800) 529-1441 or use the easy contact form on our website to set up your free case evaluation today!

References

Large Trucks. (n.d.). NSC Injury Facts. Retrieved from https://injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/

National Center for Statistics and Analysis. (2021, May). Large trucks: 2019 data. National Highway Traffic Safety Administration. Retrieved from https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813110

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Frequently Asked Questions About Truck Accidents

Common Truck Accident FAQs

Most of us see semi-trucks, tractor-trailers, and many other commercial trucks every time we’re on the roadways. But when is the last time we considered how dangerous they could be?

Trucking accidents are different from car accidents in several ways.
The main difference is in the trucks’ sheer size and the severity of the damages and injuries that occur when a truck and an automobile collide.

Many truck accidents result in fatalities. If you’re ever in an accident with a large truck, there’s a good chance you will suffer severe injuries.

If you’ve recently been injured in a commercial truck accident that was no fault of your own, you probably have many questions running through your head. In the article below, we will go over some of the questions our Semi-Truck Accident Lawyers are asked most often in our office.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What To Do If You’re Involved In A Truck Accident

The first thing you need to do after a commercial vehicle accident is to seek medical attention. Even if you don’t feel injured, it is still in your best interest to get checked out by a medical provider to make sure everything is okay. Many accident injuries are hidden and don’t show symptoms immediately, and insurance companies are more likely to deny injury claims if you wait to receive treatment.

If you don’t need emergency medical attention at the truck accident scene, you should do a few things. First, you should call the police right away. If you believe the truck driver was at fault for the accident, a police report can help back up your claim. The police officer who responds to the scene will do their own investigation, but you should still take as many pictures as possible of the accident scene.

You should take pictures of the vehicles, people, road conditions, and everything else that could help prove liability before the evidence disappears.

If there were any witnesses to your accident, you should get their contact information. An independent witness can prove invaluable for your case, especially if the insurance companies try to assign liability to you.

After your trucking accident, there’s a good chance the trucking company’s insurance company will contact you. They will want a recorded statement from you but do not give them one until you have received legal advice from an experienced truck accident attorney.

georgia-truck-accident-lawyer
truck-accident-lawyer-near-me-in-georgia

Why Are Truck Accidents Worse Than Motor Vehicle Accidents?

Commercial trucks are significantly bigger and carry heavier loads, sometimes hazardous materials, than passenger vehicles.

Truck drivers need much more room to maneuver and more room to stop than smaller vehicles. And Passenger vehicles don’t have the protection to shield them from an impact with a big truck, increasing the damage caused to those vehicles during a truck crash.

Truck accidents also make it much harder for first responders to navigate the roads, leaving victims trapped in their vehicles much longer.

What Is My Truck Accident Case Worth?

No two truck accidents are ever alike, so there is no standard amount for truck accident lawsuits that can be quoted.

Several factors have to be considered when determining the value of a truck accident case. Things like who was at fault, medical expenses, lost wages, pain and suffering, and other miscellaneous expenses related to the accident could be included in your settlement.

Your truck accident lawsuit should cover things like:

  • Medical treatment
  • Pain and suffering
  • The costs to repair your vehicle and other property damages
  • Treating injuries not covered by your insurance
  • Lost wages
  • Loss of the ability to generate income
  • Loss of consortium

Since these factors will differ in each case, there are no accurate “average” settlement amounts for semi-truck accident lawsuits. Settlement amounts will vary widely and depend heavily on your physical and emotional injuries and how much you’ve been harmed financially. A personal injury lawyer will help you determine what your case is worth.

commercial-truck-accident-lawyer-near-me-in-georgia

What Are The Common Causes of Truck Accidents

According to the National Highway Traffic Safety Administration, large trucks are responsible for 55% of all car accidents on U.S. roadways and 44% of two-vehicle crashes between trucks and other motor vehicles. Driver errors were responsible for 87% of those accidents.

Some of the main driver errors include:

  • Speeding
  • Driver exhaustion (falling asleep behind the wheel)
  • Driving distracted
  • Panic
  • Poor directional control
  • Defective parts
  • Poor maintenance
  • Vehicle malfunctions

Brake problems were listed as the most common risk factor in commercial truck accidents. There were also environmental factors like rain and snow that caused many wrecks.

If a Truck Crash Kills the Occupant of Another Vehicle, Can the Deceased Victim’s Family Members Be Compensated for Their Loss?

Wrongful death lawsuits are filed on behalf of the surviving relatives of someone killed in a motor vehicle accident. If you believe that a person died due to the fault of another party, it is possible to file a claim for compensation against the negligent truck driver or the trucking company for the deadly accident.

The spouse of the deceased, the parents of the deceased (if the deceased was not married), or the estate representatives can seek compensation for intangible losses like loss of companionship and care. They may also claim financial losses like benefits and lost wages the victim may have earned if they were still alive.

Estate claims seek accident damages like medical expenses for treatment of the victim’s injuries or illnesses before death, funeral and burial costs, pain and suffering the deceased suffered before they passed. 

A wrongful death claim must include proof of negligence and causation. Negligence requires showing that the defendant owed a duty of care to the plaintiff, breached that duty, and that the breach was a contributory factor of the injury. Causation requires proving that the harm suffered by the victim resulted from the defendant’s actions.

Do Blind Spots Make Trucks More Dangerous?

Trucks are big and heavy, making them difficult to maneuver around tight spaces. This often leads to commercial trucking accidents where drivers lose control of the vehicle.

Blind spots are areas along the sides of trucks that cannot be seen by drivers due to obstructions. These blind spots can lead to traffic accidents because they force drivers to take risks while navigating roads.

Drivers should avoid driving near the sides of trucks if possible. If you must travel next to a truck, do your best to pass it and pay very close attention in case the truck tries to change lanes. A good rule of thumb is if you cannot see a commercial truck driver in their side mirror, they cannot see you.

How Do I Receive Financial Compensation For Damages In Tractor-Trailer Accidents?

To receive maximum compensation for your damages after a crash with a commercial truck, the law firm that represents you will have to prove that the truck driver failed to use due care in the operation of the truck. Or, they have to prove that the trucking company failed to follow required federal and state safety regulations.

In most cases where a severe injury has occurred, you can make a truck accident claim to be reimbursed for medical bills, lost wages, permanent injury, pain and suffering, and loss of consortium. In fatal crashes, you might be able to bring a wrongful death claim for the loss of the victim’s income and companionship.

You should never try to do this on your own and should always enlist the help of a personal injury attorney to take legal action.

Ready to Talk to a Lawyer Who Has Your Back?

commercial-truck-on-highway

Should You Accept The First Settlement Offer From The Truck Driver’s Insurance Company?

When negotiating a personal injury claim, most insurance companies will offer the least amount possible for your claim. Most of the time, the insurance company will offer a low initial settlement to see if you will take the money, especially if you don’t have representation.

This first offer typically won’t cover your medical expenses, pain and suffering, or lost wages. Working with an experienced team of attorneys will ensure you get the compensation needed to make a complete financial recovery and move on with your life.

How Can a Truck Accident Lawyer Help?

Truck accident victims should always speak with an attorney. A lawyer familiar with truck accident law will answer these common questions and help you understand your case’s legal concepts, like negligence and liability.

The statute of limitations after a truck accident is generally two years, but you shouldn’t hesitate to contact a lawyer. Cases that are opened soon after the accident have a much better chance of being awarded compensation.

Your personal injury attorney will review your case and formulate a strategy to help you get the money you deserve. They will also obtain your medical records, insurance transactions, police report, and all other documents and evidence needed for your case.

And if you’re worried about the cost, don’t be. Truck accident lawyers work on a contingency fee basis, so you only pay if they win your claim.

The Brown Firm has been representing accident victims just like you for years. Schedule your free consultation with an experienced attorney today.

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Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild. We serve all of Georgia and South Carolina from four conveniently located offices.

Schedule your free consultation by calling (912) 324-2498 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Safely Share The Road With Semi-Trucks

We’ve all seen large semi-trucks. These massive machines weigh more than 10,000 pounds.

That means if you’re involved in an accident with a truck driver, you are much more likely to suffer severe injuries.

In 2017 alone, there were 4,761 people killed in crashes with large semis. And 72% of those fatalities were the people in passenger cars.

So when you’re sharing the road with semi-trucks, it is essential to know what to do to keep yourself safe.

It’s easy to point the finger at semi-truck drivers, and they do share some of the responsibility for these accidents, but many motorists don’t know how to share the road with these large trucks properly.

You can do many things to make traveling safer around semi-trucks so you and the truck driver can make it to your destinations safely.

In the article below, Semi-Truck Accident Lawyers discuss several ways to keep yourself safe on the road with semi-trucks. 

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Practice Defensive Driving

At this point, driving your car, truck, or motorcycle probably comes second nature to you.

But no matter how easy it is for you to drive, you have to be alert at all times, especially if you encounter a large semi-truck.

Because semis are bigger, it takes longer for them to react to the things around them and avoid collisions.

That’s why you need to pay close attention to the flow of traffic, the vehicle signals around you, and the weather conditions so you can prepare yourself for potential problems on the road.

semi-truck accident

Pass Trucks Properly

Firstly, if a truck attempts to pass you, let it.

Stay to the right and reduce your speed, so it is easy for the truck to make it around you.

This will give the truck driver plenty of room to get around you and keep you out of its blind spot as much as possible.

Second, you never want to pass a truck that’s backing up. There’s a high likelihood of you entering their blind spots, and that’s somewhere you never want to be.

Avoid Blind Spots

This deserves its own section. You never want to be in the blind spot of a semi-truck.

The right side of a semi-truck is the most dangerous place to be, so avoid it at all costs.

If you have to pass on the right, do it as fast as possible, use your signal lights, and ensure the trucker sees you as soon as possible.

semi-truck on road

Semi-Trucks Make Wide Right Turns

When a commercial truck needs to make a right turn, they need as much as 55 feet of turning radius to complete the turn safely.

Knowing this, you can anticipate them needing extra room to turn so you can avoid entering their space when possible.

If you’re on the highway and the truck is getting off on an exit, make sure it has plenty of space in front of you.

The truck will have to get much slower than a passenger vehicle to maintain control through the off-ramp’s curve.

Use Your Signal Lights 

When you are around semi-trucks, use your turn signals earlier because they don’t have the same reaction speed as a smaller vehicle.

This will help prevent a rear-end collision with a truck traveling behind you.

If you plan on merging into a lane with a semi-truck, give them more time to anticipate your maneuver by using your turn signal earlier.

Follow the Rules of the Road

When you are driving at high speeds, your risk of being involved in an accident is heightened.

The faster you drive, the harder it is to react to your surroundings and control your vehicle.

Rushing through red lights, driving intoxicated, and driving distracted all increase your chances of being in an accident with a tractor-trailer.

When you drive, always follow the rules of the road. You want your actions to be predictable to the truck driver you are sharing the road with.

Want to know more about truck accidents? Check out the blog: Frequently Asked Questions About Truck Accidents

Ready to Talk to a Lawyer Who Has Your Back?

Contact The Brown Firm Today

If you’re ever involved in an accident with a semi-truck, you need the help of a personal injury attorney.

Commercial vehicle accident claims are much more complicated than typical car accident claims, but The Brown Firm can help you with your case.

The Brown Firm will file your claim, work with your doctors, and handle the insurance company so you can focus on your physical recovery.

If you’ve been in a semi-truck accident, contact The Brown Firm Today to schedule your Free Consultation.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Can I Sue For Being Hit By A Semi-Truck?

As we leave out houses each morning to begin our daily commute, it is fair to assume that you will be sharing the road with commercial trucks that are much bigger than your car or truck.

Fortunately, these drivers go through hours of vigorous training to know how to operate their vehicles and commit to following their unique rules of the road.

However, we are all still human, and mistakes will be made.

A car accident with another passenger vehicle is scary enough, but when you’re in an accident with a semi-truck, it can be downright terrifying.

If you were in an accident caused by the negligence of a truck driver or the company they work for, you might be entitled to financial compensation.

Whether or not accident victims can sue after being involved in an accident with a semi-truck depends on the circumstances surrounding your accident.

You may have legal options you can pursue that a person in a typical auto accident wouldn’t.

That is why it’s essential to hire an experienced truck accident lawyer after an accident with a semi-truck.

In the article below, we will explore whether you can sue, and who you can sue, after being in trucking accidents.

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Semi-Trucks Are Extremely Dangerous

All trucks are classified by weight.

The classifications run from 6,000lbs, which is your average pickup, to 33,000lbs, which is the weight of your typical semi-truck.

Judging by these weights, you can see that not even a large pickup stands a chance against 18-wheelers in an accident.

In every accident involving a semi-truck, the smaller car takes the brunt of the damage.

The semi-truck driver is often left unharmed, while the smaller vehicle driver suffers catastrophic semi truck accident injuries, or worse.

Semi-trucks are a significant threat to the other drivers they share the road with if the proper safety precautions aren’t taken.

truck driver

What Do You Do If You Get Hit By An 18-Wheeler?

If you’re seriously injured after getting hit by a semi-truck, your only priority should be your health. You need to get quality care as soon as possible.

But if you are lucky enough to escape with minor injuries, there are a few things you can do to help with a personal injury case.

Stay At The Scene Of The Accident

You should never leave the scene of an accident before the authorities can arrive.

In some states, it is illegal to leave the scene, and if you do, you will face the consequences.

If it’s possible, leave your vehicle as-is and don’t move it after the accident. This will help preserve the evidence to make it easier to determine who and what caused the accident.

Check For Injuries

Even if you feel fine, you might still have injuries; they just may be masked by the rush of adrenaline in your body.

So always check to make sure you don’t have any visible injuries.

And, it is very common for multiple vehicles to be involved in accidents with semi-trucks, so make sure everyone else is okay as well.

Document Everything

As soon as it’s safe to do so, and everyone has been checked for injuries, you need to document as much as possible.

Take photos and videos of the accident scene, including the damage to all of the vehicles, any skidmarks at the scene, and make an audio recording of what happened during the accident.

Gathering this evidence is crucial because after the accident, your memory will fade as the days go on, and the trucking company will do all they can to prove that they were not responsible for it.

Having evidence gives you a better chance to prove liability for your semi-truck accident.

Also, don’t forget to check your belongings inside your vehicle. Sometimes the contents of your car, like laptops or smartphones, can be damaged as well.

Take pictures of everything in your car that was damaged because those values can be added to your final settlement.

Exchange Information

Now you need to exchange information with everyone involved in the accident.

Your personal injury lawyer will need this information later on, so it’s best to get it right away.

You will need to get everyone’s:

  • Names
  • Phone Numbers
  • Driver’s License Numbers
  • License Plate Numbers
  • Insurance Company Information
  • Insurance Policy Number

It can be tricky to do this after the accident because everyone is a little on edge, but this is still essential information.

Don’t Say Too Much

Finally, you need to say very little after your accident, even to the authorities and your insurance company.

Before you speak to anyone else in detail about the accident, you need to talk to a truck accident lawyer.

Your lawyer will be sure that you don’t say anything to incriminate yourself after the accident.

It’s very common for people to take responsibility for the accident without meaning to do so.

So, cooperate with the authorities, but don’t say any more than you have to.

Multiple Parties Can Be Negligent

Sometimes fault in a semi-truck accident is obvious.

Other times it might not be so easy, especially since multiple parties can be involved.

The driver of the commercial truck is often the most obvious candidate to assign fault to, but their employer may be responsible as well.

If the truck driver was reasonably acting within the scope of their job, and an accident still occurred, the fault could be with their employer.

The truck’s manufacture can even be held liable for the accident if a faulty component on the truck contributed to the accident.

Truck Driver Negligence

Several things can contribute to negligence on behalf of the truck driver.

First, there are federal regulations regarding mandatory hours of service. This means that truck drivers have a specific amount of time to stay on the road before they have to rest.

Not all truck drivers adhere to these regulations for a variety of reasons.

Drunk driving, speeding, and distracted driving are also all contributing factors to truck driver negligence.

There are more examples of how a truck driver can be negligent in an accident.

But no matter how the truck driver was negligent, they need to be held accountable for their actions.

That’s where your personal injury attorney comes in.

Trucking Company Negligence

There are also numerous ways the trucking company can be negligent for truck accidents.

An obvious reason is the shortage of drivers companies are facing. And the long hours on the road away from family make truck driving a hard sell for many people.

The trucking industry faces tremendous pressure to fill positions and meet delivery demands.

This can result in the trucking companies taking shortcuts to fill their open positions quicker.

They may do things like skip the background checks, rush drivers through training, and neglect regular maintenance in their trucks to keep their drivers on the road.

Although we understand the position these trucking companies are in, no shortcut is worth endangering innocent drivers’ lives.

Your Lawyer Will Prove Negligence So You Can Sue

When you enlist the help of a personal injury lawyer near you, you get the benefit of someone that can bring a personal injury lawsuit on your behalf.

It’s essential to contact a lawyer as soon as possible because they will help you every step of the way.

They will help you collect evidence and witness testimony, consult with field experts, conduct additional investigations that can help your case, and handle all of the legal aspects of your lawsuit.

Ready to Talk to a Lawyer Who Has Your Back?

Contact The Brown Firm Today

Truck accidents are severe events.

The only way to be sure if you can sue after being hit by a semi-truck is to speak with an experienced personal injury law firm.

This is why you should contact the experienced attorneys for truck accidents at The Brown Firm after a truck accident.

Don’t speak with anyone, including insurance companies, until you have spoke with a personal injury lawyer about your truck accident injuries.

The Brown Firm will determine if you can sue, who you can sue, and they will make sure you get every dollar you deserve out of your case.

And, you don’t pay any fees until we win.

If you have been the victim of a truck accident, or you have lost a close loved one due to a truck accident, contact The Brown Firm today to schedule your free consultation and get your free case evaluation.

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Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Is The Trucking Company Responsible For My Accident Damages?

After being in an accident with a commercial truck driver, you might assume that all of the liability falls on the driver.

But, did you know that you can hold the trucking company accountable for the damages you have suffered?

This makes sense on the surface because companies are generally responsible for the actions of their employees.

But the question of who is liable in a trucking accident isn’t always as straightforward as it seems. 

In the article below, we’ll talk about the issues that determine who is liable after a devastating truck crash.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Factors That Determine Liability

If you’re involved in an accident with a commercial vehicle, determining liability can be a complex issue. 

When you begin to seek compensation for your damages, medical bills, and lost wages in a truck accident, the situation is rarely as simple as filing a claim with the driver’s insurance.

That’s because multiple parties may be liable for different reasons. 

The driver might be liable for driving too many hours. 

The trucking company may be liable for not ensuring their vehicles are adequately maintained or for not properly training their drivers. 

A parts manufacturer could also be liable for a defective product. 

And in some states, you have to first prove that you aren’t liable for the accident.

Figuring out who is negligent in a truck accident can be difficult, especially if you’re not familiar with trucking accident cases and the nuanced law surrounding them.

And if you are injured and trying to focus on your health and medical treatment, it makes everything much harder to begin with.

semi-truck on the road

The “Independent Contractor” Defense

Until 1956, truck companies often shielded themselves against liability by leasing trucks and drivers.

This allowed them to classify those drivers as independent contractors. 

But in 1956, Congress amended the law to prevent trucking companies from hiding behind this tactic.

Now the law states that any trucking company leasing a truck must have exclusive possession, control, and use of the trucking equipment for the duration of the lease.

They must also assume complete responsibility for the operation of the equipment.

The “independent contractor” defense against trucking company negligence has been invalid for decades. 

However, defense attorneys still try to raise it in court from time to time.

That’s why it’s essential to have an experienced trucking accident lawyer on your side who can quickly dismantle this argument.

Did the Truck Driver Act Within the Scope of Employment? 

In some cases, a trucking company will only be held liable for an accident if the truck driver acted within the scope of their employment when the accident occurred. 

The courts will look to state agency laws to decide whether or not this is the case. 

These laws vary from state to state, but there are common factors determining the court’s answer to this question.

They include:

  • The employees intent
  • The nature, time, and place of the employee’s conduct
  • The work the employee was hired to do
  • Incidental acts the employer should reasonably expect the employee to do
  • The level of freedom allowed to the employee in performing his or her duties

 

If the truck driver acts outside of the scope of their employment when the accident occurs, the court may find that they are liable for some of the damages, with the rest of the landing with another party.

If the court in your case examines the scope of employment and if the truck driver was acting as an employee at the time of your accident, your accident attorney can anticipate this issue and plan accordingly.

Determining liability is a small part of the complex process involved in filing a personal injury claim after a trucking accident. 

Because commercial trucks are often devastating and complicated, it’s always important to seek legal advice from a professional trucking attorney.

The Brown Firm’s Truck Accident Lawyers Can Help

The experienced Truck Accident Lawyers at The Brown Firm have been helping truck accident victims for years.

 If you or someone you know has been involved in a truck accident, The Brown Firm is ready to help. 

With a focus on truck accident cases, the team at The Brown Firm has the skills, expertise, resources, and winning record you need to tackle the complex challenges of your truck accident case.

And when you work with The Brown Firm, you won’t pay for fees or case expenses until you’re rewarded a settlement in your case. 

The Brown Firm also offers free, no-risk consultations to discuss the details of your situation. 

Contact The Brown Firm by clicking the button below to set up your free consultation today.

Ready to Talk to a Lawyer Who Has Your Back?

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Truck Accident in Atlanta | Find the Best Truck Accident Lawyer

Truck accidents often lead to traumatic injuries due to the sheer size of the truck involved. 

Those involved in truck accidents who are traveling in smaller vehicles can sustain severe injuries such as TBIs, spinal cord injuries, and even death. 

Of the 415,000 crashes involving large trucks in 2015, there were 3,600 fatalities and 83,000 injuries. 

And, the majority of those deaths were the passenger vehicle occupants. 

If you’re a survivor of a truck accident, finding the right lawyer to handle your truck accident lawsuit can be an intensely personal process. 

You want to know that the law firm you choose is experienced and reputable, but it’s also important to have a trusting, comfortable relationship with your legal team.

Related article: Truck Accident Kills Man in Gwinnett County

In the article below, we will learn about an awful truck accident that happened here in Atlanta, and what you can do to find the best truck accident attorney.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Accidents on Knox Bridge Highway

On the morning of Friday, April 10th, a Cherokee County woman was killed.

A tractor-trailer, hauling boulders no less, failed to stop at a red light and crashed into her SUV.

Cherokee County Sheriff’s Office spokesman, Captain Jay Baker, reported that the accident happened at about 8:15 a.m. near the intersection on Knox Bridge Highway and Ga. 108 in the Sutallee community. 

Several witnesses of the accident who spoke to investigators told them that the driver of the truck was traveling east on Ga. 108, when he ran the red light and collided with the SUV.

The driver of the SUV was turning onto Knox Bridge Highway from Upper Sweetwater Trail. 

The driver of the SUV, a woman identified as 62-year-old Kathleen Quigley of Sutallee, was taken to Northside Hospital Cherokee.

She died at the hospital.

The man driving the tractor-trailer, 68-year-old Clifford Anderson of Whitwell, Tennessee, escaped without injuries.

Ga. 108 was shut down for several hours after the accident.

At the time of this writing, the crash has remained under investigation, and no charges have been filed.

How to Discover Your Perfect Truck Accident Attorney

This accident is a prime example of the dangers of a truck accident.

Here, like in many cases, the victim in the passenger vehicle was killed, while the seemingly negligent truck driver walked away injury-free.

The family of Kathleen Quigley needs to hire a qualified personal attorney.

Finding an attorney should be like making a new friend. 

While it’s not your lawyer’s job to be your friend, it is their job to handle your case with both competence and compassion. 

The tips below can serve as a guide for what to look for as you select an attorney for your truck accident lawsuit.

Check Reputation and Examine Experience

Experience, word of mouth recommendations, and reviews are factors that play into how well a lawyer is known in their community. 

Researching the backgrounds of the lawyers you’re considering is an essential first step. 

See if you can talk to people who may have used a lawyer in the past. 

Ask for references and then follow up by talking to their former clients.

Once you have a better understanding of the lawyers you have narrowed down, it’s time to take a more in-depth look into their background.

Just like in healthcare, there is no substitute for experience in the legal world. 

Look for an attorney who has several successful truck accident cases under their belt. 

Ask each lawyer how many cases like yours they have taken on, and how many cases have they won or settled. 

You want a truck accident attorney in Atlanta that works with commercial truck crash cases daily.

personal injury attorney with two clients

Resources 

A truck accident might require several experts to establish liability. 

Your lawyer might require accident reconstruction experts, traffic engineers, medical experts, and actuaries to help build your case based on the available evidence.

The best truck accident lawyers have a roster of experts they rely on for these kinds of cases. 

Ask your attorney about those experts and how often they work together.

One of your attorney’s main jobs is to investigate your claim thoroughly. 

A police report doesn’t always tell the whole story, especially if there are questions about who was liable and how much each party was at fault.

That’s why your lawyer will need to hire professionals who can recreate what happened and how.

Take Note of Your Comfort Level

There’s something to be said about people you work well with. 

If you feel uneasy in your gut upon meeting with a particular lawyer, you may want to keep searching, even if they have the required skills. 

You’ll likely be working with your lawyer for months and even years to resolve your case, so you need an excellent lawyer-client relationship. 

If you can’t trust your Atlanta truck accident attorney, your chances for success are lowered.

Negotiation Skills

Negotiations are often the most important part of your lawsuit. 

Your lawyer presents the facts, uses strategy and tactics, and formulates a strong argument for why you should recover damages, and how those damages should be valued.

Part of the job of a truck accident attorney is to minimize your responsibility for the accident. 

Being a plaintiff in a truck accident case isn’t always about being on the offensive. Sometimes you need a little defense, too.

There’s a chance the trucking company will try to make you responsible for all or part of the crash.

It’s your lawyer’s job to reduce your portion of liability as much as possible. 

Ready to Talk to a Lawyer Who Has Your Back?

Contact The Brown Firm

From driver fatigue, inattention, and negligence to overload and poor road conditions, many factors can lead to a commercial truck accident. 

To begin your search for the perfect truck accident attorney, click the button below, or please call The Brown Firm to take advantage of your free initial consultation at 800-529-1441.

Our Atlanta Truck Accident Attorneys handle dozens of cases just like yours every year, and they are standing by ready to help you.

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Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Who Do I Sue After A Truck Accident?

Truck accidents are, without a doubt, some of the deadliest accidents that occur on the roadways. Truck accidents are different from car accidents for many reasons, but especially that the damage is typically more severe.

Thousands upon thousands of individuals in the U.S. are killed each year, and tens of thousands are injured in accidents with large trucks. 

When a large truck, typically weighing more than 80,000 pounds, collides with a regular passenger vehicle, the occupants of the passenger vehicle are the ones who sustain the most severe, life-threatening injuries.

The Insurance Institute for Highway Safety (IIHS) reported that in 2017, a total of 4,102 individuals were killed in large truck crashes. 

Of those who lost their lives, just 17% were occupants of the 18-wheeler.

68% of the fatalities were occupants of cars and other passenger vehicles involved in the crash. 

Another 14% were bicyclists, motorcyclists, and pedestrians. 

The IIHS also reported that the number of people killed in large truck crashes in 2017 grew by 30% since 2009, just eight years earlier.

In the article below, we will talk about who you can sue if you’ve been involved in a truck accident in Georgia.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Who Do I Sue If I Was In a Truck Accident? 

Trucking accidents tend to be much more complicated than many other types of personal injury cases.  

Numerous laws and regulations govern the industry, and there are often multiple factors that contribute to an accident.

Various parties can be held liable in a trucking accident.

Some of them are:

The Truck Driver

Driver negligence will play a significant role in many truck accident cases. 

Examples of negligence may include speeding, reckless driving, distracted driving, driving while tired, and driving while under the influence of alcohol or drugs. 

The driver may have also ignored the Federal Hours of Service Regulations.

This regulation restricts the number of hours truckers are allowed to be on the road.

The Trucking Company

The company that employs the truck driver can share fault in a trucking accident. 

A way the trucking companies try to avoid responsibility is by claiming that the driver is an independent contractor. 

This is why the working relationship between the driver and the company needs to be carefully examined to determine if the trucking company can be held liable. 

One way a trucking company can be responsible if the driver displays the company placard with their logo inside the vehicle.

This can make the trucking company liable even if the company claims to have an independent contractor relationship with the driver.

The Shipping Company

The company shipping the cargo can also play a role in a trucking accident if they overloaded the truck.

They could also be partly liable if they loaded the truck unevenly. 

Overloaded or unevenly loaded trucks are more susceptible to rolling over or being flipped on their side.

This usually happens when the truck driver encounters heavy winds or other types of inclement weather while traveling at higher speeds.

The Truck Mechanic

Semi-trucks log thousands of miles on the road each month. 

This is why proper maintenance is critical in ensuring that all trucks remain in safe driving condition. 

However, there can be times when the party responsible for servicing and maintaining the truck fails in this duty. 

This can easily cause mechanical breakdowns while on the road, putting the truck driver and those they share the road with in grave danger.

The Vehicle Designer or Manufacturer

A vehicle or vehicle part defect can play a role in a trucking accident.

If so, it may be possible to hold the designer, manufacturer, or other parties in the supply chain partly responsible for the accident.

Common product defects that can cause a vehicle accident include brake line failures, tire blowouts, steering system failures, and many others.

Filing a Truck Accident Claim in Georgia or South Carolina

We’ve already mentioned that trucking accidents can be very complicated because the convergence of multiple factors often causes them. 

Things aren’t any less complicated if the accident occurs in Georgia or South Carolina.

Georgia is an at-fault state, which means the person who causes a truck accident, or any accident for that matter, is responsible for all damages. 

Victims of a truck accident can make a personal injury claim with the at-fault party for the damages they face because of the accident.

To make a personal injury claim, you’ll need to know who out of the list above is liable for your damages. 

In car accidents, it’s pretty straightforward, and that person is usually the other driver. 

But since truck accidents often involve truck drivers who are on the job with many other parties in play, liability is going to look a little different.

Call the Truck Accident Attorneys at The Brown Firm in Georgia

If you or someone you know was injured in a trucking accident, there are numerous parties that you may be able to sue for damages. 

To be successful with a personal injury claim, however, you should always have an experienced personal injury attorney in your corner. 

The Brown Firm has extensive experience and a successful track record with even the most complex accident injury cases, including truck accidents.

The Brown Firm works closely with its clients, exploring every potential legal avenue before securing full and fair compensation on their behalf. 

To speak with The Brown Firm about your Truck Accident Case, click the button below.

Ready to Talk to a Lawyer Who Has Your Back?

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Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How Truck Accidents Are Different Than Car Accidents

People involved in an accident involving a tractor-trailer soon realize that truck accidents and car accidents are considerably different. 

Truck accidents often cause much worse injuries than car accidents, but they are different in many other significant ways as well.

The lawyers at The Brown Firm realize truck accident personal injury claims require a much different approach.

They require prompt investigation of multiple parties, any of which may bear some responsibility for the accident. 

They also require knowledge of federal and state trucking regulations and trucking industry trends, which may shed light on why and how the crash occurred.

These factors alone make it more difficult to recover compensation that you are due after being injured in a truck accident. 

In the article below, we will examine how truck accidents differ from car accidents.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Trucking Accidents Result in More Severe Injuries

The truth is, crashes involving large trucks tend to result in catastrophic personal injuries, including death. 

Check out this related blog on Fatal Truck Accidents. 

This is mostly due to the size of the truck compared to the size of standard passenger vehicles.

Other factors contribute to the severity of truck accident injuries, including:

  • Large trucks needing a greater distance to stop than passenger vehicles. Tractor-trailers can’t stop on a dime like many passenger vehicles can, resulting in more accidents.
  • Large trucks need more room than passenger vehicles to navigate a turn, which makes them susceptible to tipping. If a large truck tips, it will likely crush a nearby passenger vehicle.
truck-accident-lawyer-near-me-in-georgia

Going After a Trucking Company

Having to take on a trucking company probably the most significant difference between truck accidents and car accidents. 

When a semi-truck is involved, the lawsuit involves the trucking company. 

Since some state laws allow you to sue more than one entity in a single accident, you could have a case against the driver and the truck company. 

When your claim is against the trucking company, you will be dealing with a very aggressive insurance company and their experienced lawyers. 

The lawyers are who represent the trucking companies are highly trained, and their goal is to avoid paying out large settlements with these accidents. 

This is a significant reason why it’s so essential to have a personal injury attorney on your side.

Your attorney will be able to level the playing field with these trucking companies and their lawyers. 

Dealing With Different Causes

Settling disputes associated with trucking accidents are not always simple and straightforward, primarily because of the added possible causes of an accident. 

With the average automobile accident, the cause is usually human error.

Things like a driver failing to stop at a red light, changing lanes without signaling, or driving distracted are leading causes of car accidents. 

However, with trucking accidents, a significant amount of the responsibility for an accident will still fall on the driver, but maybe not all of it.

The responsibility of the driver may be indirect, and it may also implicate the trucking company, making them partially or fully liable for the accident.

Equipment failure plays a significant role in causing trucking accidents. 

But, equipment failure does not automatically free the driver from liability. 

A truck driver can still be held responsible for equipment failure because it is the driver’s responsibility to conduct pre-trip inspections, ensuring that all equipment is healthy and functioning correctly. 

The failure of equipment that should have been inspected by the driver before their trip can result in the driver being held responsible.

The equipment failure could also implicate the trucking company.

If it can be proven that the company acted negligently by failing to ensure that the truck was properly maintained, the trucking company can be held liable. 

If possible, the victim of a trucking accident should take as many pictures of the accident as possible, especially when it comes to indications of equipment failure or driver error.

Compensation For Damages Incurred During a Truck Accident 

The law allows for a person who has been injured or has incurred property damage as a result of a trucking accident that was not their fault to be compensated.

Truck accident victims should be compensated to the point that will place them back at the position, financially and physically, that they were in before the accident. 

Determining what this means can be complicated immediately after the accident, especially if there are injuries.

The person who has been injured or had their vehicle damaged by an at-fault truck driver will have the option of recovering damages by suing the parties involved. 

Similar to car accident victims, trucking accident victims have the right to be compensated for medical care, nursing home costs, rehabilitation, domestic services, loss of earnings, and loss of earning capacity.

The truck accident victim is also entitled to damages associated with pain and suffering, inconvenience, emotional suffering, and loss of consortium or diminishment of relations with a spouse. 

Depending on where the accident took place, there could be limitations on the amount of non-economic damages that can be rewarded to the victim.

Truck Accidents Are Complex

It goes without saying that truck accidents are complicated and far more complex than other auto accidents. 

The likelihood of severe injury combined with large insurance policies, highly trained lawyers, and federal regulations often results in intense legal battles that require experienced attorneys. 

The attorneys at The Brown Firm are some of South Carolina and  Georgia’s best attorneys for truck accidents.

They have represented hundreds of semi-truck accident victims, and are prepared to serve you as well. 

To get started with The Brown Firm, click the button below for a free consultation.

Ready to Talk to a Lawyer Who Has Your Back?

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Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Fatal Truck Accidents (Infographic)

Commercial trucks play an essential role in society. Most of the daily necessities that we get from supermarkets have been distributed by a truck at one point. They also serve as a mode of transportation used for delivering vital public services such as garbage collection, firefighting, and construction services.

However, truck driving can be a dangerous profession, as even the slightest error can cause the large vehicle to veer out of control and run into other motorists, pedestrians, or buildings.

It’s not just a risk for the trucker, but the property and life around them.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Truck accidents take place in the USA every day, which results in thousands of injuries and deaths annually.

As such, the data from the U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS) collected the following regarding the fatal truck accidents that occurred in 2018.

  1. A total of 4,136 people died in large truck crashes.
  2. 67% of the deaths in truck crashes were occupants of cars and other passenger vehicles.
  3. 16% of these deaths were occupants of the truck.
  4. 15% of these deaths were pedestrians, bicyclists, or motorcyclists.
  5. 96% of vehicle occupants killed in a car-large truck crash were occupants of the passenger vehicle.
  6. 11% of all motor vehicle crash deaths occurred in large truck crashes.
  7. 74% of deaths in large truck crashes were in crashes involving tractor-trailers, and 27% were in crashes involving single-unit trucks.
  8. 51% of deaths in large truck crashes occurred on major roads other than interstates and freeways. 33% occurred on interstates and highways, and 14% occurred on minor roads.

Common Causes of Truck Accidents

Driver Error

Truckers often engage in unsafe driving practices that result in making errors that lead to fatal road accidents. Some of the most common driver errors are the following:

  • Distraction

The Federal Motor Carrier Safety (FMSCA) found that truckers are 23 times more likely to cause a crash when they’re texting while driving.

Commercial truck drivers need to keep their full attention on the road for safety. However, the long hours on the road and the remote or repetitive scenic areas make it easy for them to get the urge to engage in other activities to entertain themselves.

As a result, truck drivers partake in multi-tasking that takes their eyes off the road. Besides talking on cell phones, they also eat, fiddle with GPS systems, and use the CB radio all while driving, which are major distractions.

  • Speeding

Speeding is never safe when driving, but it can veer beyond negligence into irresponsible recklessness for truck drivers who know it takes longer to slow down to stop than a passenger vehicle.

Since commercial truck drivers are often on a tight schedule, they are forced to rush to get to their destinations as quickly as possible. However, the weight of large commercial vehicles makes it difficult to slow down and to turn, especially at higher speeds.

  • Drinking and Substance Use

Truck driving entails long hours of isolation that can bring about loneliness, boredom, and even depression for many truckers. Some truckers might find solace in alcohol or drugs during their desolate life on the road.

For others, substance abuse is a non-stop cycle that starts by using drugs to stay awake to drive longer and farther, then need alcohol or marijuana for sleep, and then begin the cycle once again by using more substance to ease a hangover and drive again.

It may be impossible for the truck driver to work without using some substance.

Continuous alcohol and substance intake come with several consequences, including impairing their ability to drive which can lead to an accident.

  • Fatigue

The work of commercial drivers can be demanding, as they’re forced to work with unrealistic schedules and expectations from truck companies that lead to less than adequate sleep and a tendency towards ongoing fatigue.

According to the Transport Accident Commission, more than 20% of road fatalities were suspected of having resulted from fatigue. Drowsiness has a massive impact on your driving as it slows down your reaction time, reduces your concentration, vigilance, and judgment.

Vehicle Error

When there are vehicle-related errors, it doesn’t matter if a safe and rule-compliant trucker drives the truck. The truck can still cause a severe and deadly crash if there are problems with the large vehicle itself, including:

  • Design Defects

Defective vehicles can cause accidents that can injure and kill innocent people. A manufacturer can make a mistake while building the truck which can be dangerous when these parts are essential for safety such as airbags, brakes, and tires.

These defects exist because sometimes the manufacturer makes a mistake while building the vehicle. Even when these parts are manufactured, installed, and used correctly, improper designs are hazardous.

  • Maintenance Errors

Trucking companies, drivers, and maintenance crews need to regularly maintain the fleet to keep up with the immense wear and tear that these vehicles endure from being driven hundreds of miles every day.

Drivers that don’t perform daily inspections can overlook maintenance problems. Eventually, serious issues such as tire blowouts, braking problems, and engine failure can arise and lead to major traffic accidents.

  • Cargo Issues

Truck drivers and commercial truck companies need to abide by the industry-specific rules and regulations for safe cargo loads. This includes limited cargo dimensions and how it should be loaded and secured.

These rules exist to try to reduce the chances of accidents happening due to problems with the cargo that a truck driver is transporting. Unfortunately, truckers don’t always follow the rules and load cargo in unsafe ways.

As a result, this creates a severe risk of truck collisions as improper load cargo can put the truck out of balance and cause harm to the truck driver and other motorists on the road.

You may also be asking yourself, “Is the trucking company responsible for my medical bills if I am injured in a truck accident?

Tips To Avoid Truck Accidents

Every day, families share the same roads and highways with trucks. To minimize the number of truck accidents, everyone must do their part and behave responsibly while driving.

Focus on the Road

Highway driving can be tedious, especially to truck drivers who have to spend a lot of time doing nothing but drive. However, no driver should engage in activities that will take your mind, hands, or eyes off the road. This includes texting, eating, or drinking.

If you begin to feel tired or need to respond to urgent text messages, find a safe place to pull over to prevent a dangerous situation from occurring.

Leave Plenty of Space Between You and the Truck

Avoid being near a truck for too long as it can put you in danger of tire blowouts, which tears off tire remnants from the truck and can hit your windshield. Also keep your distance behind a truck to prevent your car from sliding under the truck if it would stop suddenly, or getting crushed if the truck would roll backward.

Avoid Blind Spots

While every vehicle has a blind spot where the driver can’t see specific areas, the physical size of a truck means that it has bigger blind spots than passenger cars. Take care not to drive in the area located in front and behind the truck which is commonly referred to as “No Zones.”

Anticipate Wide Turns

A truck needs much room to maneuver and turn. Avoid following too closely and leave trucks plenty of space to make wide turns at intersections and never try squeezing between a turning truck and the curb as it will put you and your passengers in danger.

Contact a Truck Accident Attorney Today

If you have been injured in a truck accident, you have rights and may be entitled to recover compensation depending on the gravity of your situation.

The Truck Accident Injury Attorney at the Brown Firm will be willing to assist you in any legal matters relating to these accidents.

Contact the Brown Firm today at (912) 200-9755  to set up a consultation with a Truck Accident Attorney!

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Who is Responsible for My Medical Bills after a Truck Accident

Truck driving is notorious for posing a lot of danger for the truckers and the drivers around them. It already takes a lot of practice and concentration to drive a passenger car, imagine how much effort it takes to control an 80,000-pound vehicle. 

Of course, with such difficulty, it’s no surprise that truckers often make small mishaps. But even with a minor mistake in a large vehicle can cause severe damages and injuries.

Victims involved in truck accidents often walk away with severe and life-changing injuries. This leaves them and their families wondering how to get the money needed to pay for the medical bills that will inevitably accumulate.

While you should not be responsible for paying your medical bills because of someone else’s negligence, truck collision cases can be complicated.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Responsible Parties in a Truck Accident 

Any car crash that involves a commercial truck can be a bit more complicated compared to a typical car accident. Car accidents can typically be narrowed down to some combination of driver error, vehicle malfunction, or road conditions.

However, accidents with large commercial trucks can have many other contributing factors and involve other people and entities that are unique to the trucking industry. These include the following.

The Truck Driver

As the ones directly involved in the accident, the truck drivers are the most obvious choice to hold liable. Many truck accidents that end with catastrophic injuries are caused by drivers who are negligent and participate in dangerous driving behaviors. There are numerous reasons why a truck driver may drive negligently and cause an accident that leads to catastrophic injuries.

· Impaired Driving

· Speeding

· Hours of Service Violations

· Distractive Driving

· Aggressive Driving

· Driving After Taking Sleep Aids

· Overloaded Trucks

The Trucking Company

Even if the truck driver was responsible for the accident, the trucking company that employs the driver could still be held legally accountable for their actions and the damages that result.

The main reason that trucking companies are held responsible for these accidents is because of a profit-over-safety work environment.

Sometimes, trucking companies might establish unrealistic schedules to transport goods. This violates laws regulating the number of hours employees can work before taking a break.

As a result, drivers become too exhausted and fail to practice proper driving habits.

Trucking companies are also expected to examine the truck drivers properly that they’re hiring. They’re responsible for determining if their drivers are qualified and fit for the job by conducting background checks and random screening for alcohol and/or drug abuse.

Additionally, the trucking company has other responsibilities, including providing their drivers with adequate training. A trucker without enough knowledge regarding proper truck maneuvers, handling the load, and driving in inclement weather increases the risk of causing an accident.

Cargo or Loading Company

In some cases, accidents occur when the loading company did not load the cargo properly, causing it to be overweight or unevenly distributed, which can cause the truck to tip over.

Some companies may improperly secure drop boxes and equipment on the road or another vehicle, which could cause tremendous injuries. This can lead to boxes and equipment falling off the truck and creating hazards on the road.

In these situations, the loading company is liable and often responsible for paying damages to the victim(s).

Related article: How Weigh Stations Keep Drivers Safe.

Manufacturer

In other situations, a defective truck or specific components of it are the cause of the accident. It may be a slight problem in the tires, engine, or brakes, which causes it to malfunction and make the driver lose control.

This could mean holding the manufacturer of the truck or its parts responsible for the damages the accident caused.

truck driver
semi truck on road

Who Will Pay for My Medical Bills? 

In any truck accident case, most victims aim for compensation for their injuries.

While you may want to go after the actual person who was physically responsible for your accident, truckers may not have sufficient insurance coverage to give you full compensation. If you have any hope of receiving monetary compensation, you will be better off seeking relief from the employer.

Keep in mind that the trucking company’s insurance company will fight to deny or reduce your claim, especially when your injuries may be more severe as the value of your claim could be even higher.

As mentioned earlier, trucking companies are generally responsible for their own negligent actions. However, another way to hold them accountable for your accident is through the theory of vicarious liability.

Vicarious liability is a form of secondary liability that holds the employer liable for the actions of its employees as long as it can be proven that it took place in the course of their employment.

This means that the company is responsible for the trucker’s actions when he is acting within the scope of his employment. Courts often look at the following guidelines to determine whether the truck driver was within the scope of their employment at the time of the accident.

· The actions of the truck driver benefit the company in some way

· The truck driver was doing work within the employment agreement

· The specific intent of the driver is to harm the victim

· The truck driver drives his truck on personal time

There are a few exceptions when a trucking company would not be vicariously liable for compensating you when a negligent trucker causes your injuries. Many truck companies try to avoid liability by hiring independent contractors or misclassifying employees as independent contractors.

They are also not liable if the trucker was not performing duties within the scope of his employment when the crash occurred. This means that the trucking company would not be responsible if the crash happened while the truck driver wasn’t doing their job.

An experienced Truck Accident Injury Attorney from The Brown firm will anticipate this issue and plan for when it arises in court. Contact us at (912) 324-2592 for a Free Consultation to discuss the nature of your case or click the link below.

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How Truck Weigh Stations Keep Drivers Safe

Trucks that drive on the interstates often come across signs along the highway with “weigh station” written on them. Weigh stations are a stationary or portable scale situated alongside the road to weigh a truck’s load anytime during their freight haul.

There are several systems used to weigh trucks, including concrete decks, digital scales, portable truck scales, wheel-weighers, and more. Each has its various application depending on the weight limits and whether or not it is a permanent or temporary installation.

If there are any problems, prepare for a bit of a delay as it will lead to a more detailed inspection. Any faulty or missing equipment can lead a truck being declared out-of-service until repairs are made, while a problem with your logbook can get you pulled off the road for hours until it’s sorted out.

As a result, you have to pay close attention to the weight, load, overall dimensions, and equipment of the truck as well as your paperwork to help get through inspections quicker so you can get back on the road.

Besides adhering to federal weight regulations, safety is an essential reason why commercial trucks have to be absolutely weighed.

Truck accidents have devastating consequences for the victims. In 2017 alone, 4,102 people were killed in large truck crashes. It’s why the DOT and many states ensure that that truck drivers are traveling with a safe load to keep our highways safe with weigh stations.

Here are several ways truck weigh stations keep drivers safe.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Structural Road Safety

All interstate trucking regulators across the country impose certain limitations that aim to preserve the reliability of the road networks, including the weight that the trucks are allowed to haul.

A truck that is heavier than the restrictions for the road they are traveling can do significant damage over time, resulting in increased maintenance and transportation costs.

Federal law dictates trucks must weigh below 80,000 pounds, but it could differ by state.

Several factors decide the weight limit, including the weight limit of the weakest structural section of that interstate.

The most vulnerable spots are usually the bridges or overpasses, so while roads can handle more weight, the weight capacity of a bridge might vary.

This creates a safety issue as it causes an uneven road surface that leads to all sorts of destruction and accidents injuring drivers, passengers, and pedestrians.

Weigh stations ensure that overloaded trucks on the road are mitigated.

weigh station sign

Vehicular Safety

Besides structural road safety, vehicular safety is also the cause for weighing trucks.

The more weight you pile onto a truck, the less safe it is to drive.

Overloaded trucks threaten road safety and contribute to unnecessary loss of life on our road as it is difficult to control when going downhill, cannot be maneuvered quickly, and needs much more space to come to a full stop; this presents a danger to both the operator and other drivers on the road.

Also, if the weight is not well dispersed and too much is toward the front or the back, this can affect the performance of the truck dramatically. As such, cargo trucks are required by law to maintain its load within specified capacities of the truck they are operating.

Ultimately, weigh stations are critical for reducing crashes along with injuries and fatalities on our roadways. However, unexpected accidents are often unavoidable. If you have been injured in a truck accident in Georgia, you are entitled to recover full compensation for your pain and suffering.

Related Blog: Is the trucking company responsible for my medical bills if I am injured in a truck accident? 

For a free consultation with a Lawyer for Truck Accidents at The Brown Firm can be consulted for legal advice and help you get the compensation you deserve. Contact us at (912) 200-9755 for a Free Consultation to discuss the nature of your case.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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The Most Common Types of Truck Accident Cases

Most Experienced Truck Accident Lawyers in Georgia and South Carolina

Trucks play a significant role in helping the Georgia and South Carolina economy. Every industry relies on trucking companies to deliver the materials to run their business and deliver those products to various destinations to meet a growing population’s demands.

Although the trucking industry is essential to society’s survival, large vehicles can cause some of the greatest devastations on the roads. Truck accidents can inflict catastrophic injuries on people traveling in smaller vehicles due to their sheer size alone.

Here are some of the most common types of truck accidents that our truck accident attorneys have dealt with.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Rear-End Accidents

A commercial truck often weighs 80,000 pounds or more, which requires a longer distance to come to a full stop. Their inability to stop quickly and their difficulty maneuvering make commercial vehicles a primary cause of significant rear-end collisions, especially when the truck driver is distracted. Distractions may involve construction projects, cell phones, heavy traffic, or rush hour.

Driver fatigue also plays a part in many rear-end collisions. Truckers are often forced to work long hours to get their cargo from city to city, causing danger for everyone else on the road.

A rear-end accident involving an 80,000-pound truck, and a typical passenger vehicle that weighs 4,000 pounds on average, can lead to costly damages and endanger the occupants inside. This difference in size leads to severe and potentially fatal injuries. Victims of rear-end truck accidents have to deal with the astronomical costs of medical bills, vehicle repairs, and other expenses.

According to data from the U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS), five percent of the commercial truck accidents in 2017 involved the front of a large truck striking the rear of the passenger vehicle. These types of crashes may only represent a small portion of the total truck accidents, personal injuries, and fatalities, but they still cause severe damage to those involved.

Intersection Truck Collisions

Intersection or T-bone accidents are often the result of commercial truck drivers making critical errors at intersections. They are also the result of a driver completely ignoring traffic laws that protect the rest of the commuters who occupy the roads.

Intersection crashes result in severe injuries since the vehicles often get knocked off course and pushed into a second collision when hit. Sometimes the commercial truck can push the car off course toward oncoming traffic, which puts the occupants of the vehicle at extreme risk of further collision and trauma, such as crashing into guardrails, telephone poles, and other motor vehicles.

One reason for this type of truck crash is that semi – trucks don’t come to a complete stop quickly. Since it takes longer for trucks to stop entirely, a trucker trying to roll through the intersection will have less reaction time to stop before causing a T-bone crash. A truck driver trying to avoid hitting a car at an intersection can often lead to a truck rollover.

Failing to yield at a four-way stop is another way crashes occur. It can be devastating when a truck driver disobeys the rules and barrels their way through the intersection when another driver has the right of way.

Intersection crashes are also frequent in incidents where truckers speed up to get through an intersection before the traffic light changes.

Wide Turn Truck Crashes

Even turning is dangerous for larger trucks and any surrounding vehicles because of the considerable size and length makes them much more challenging to maneuver.

Their size also creates multiple blind spots. It’s not uncommon for drivers to underestimate the amount of space needed or fail to notice passenger vehicles in the trailer’s path when attempting to make a wide turn. Once the truck operator miscalculates the turn, the wheels can go over the curb and crash into nearby objects. There are entirely invisible areas to the driver, and it’s easy for inexperienced truck drivers to not see nearby vehicles during a turn.

A majority of wide turn accidents are honest mistakes made by the driver. However, this doesn’t mean the driver would be excused from liability.

Head-On Truck Collisions

A head-on collision with a big-rig truck is one of the deadliest accidents you can be involved in. This devastating collision occurs when one vehicle’s front end collides with the front end of another car.

Head-on collisions were the most common type of truck accident in 2017, with thirty-one percent of passenger vehicle occupants struck head-on.

This type of accident often causes devastating injuries and fatalities since trucks can inflict massive damage when colliding with smaller and lighter vehicles.

Many head-on truck collisions happen due to commercial drivers driving on the wrong side of the road.

Other common truck accident causes include:

  • Oversteering
  • Driving While Distracted
  • Driver Fatigue
  • Illegal Turns Onto One-Way Streets

Truck Rollover Accidents

A truck rollover is one of the most devastating and frightening wrecks imaginable.

Tractor-trailers and other large commercial vehicles have a much higher center of gravity than standard passenger cars. If a truck driver takes a turn too sharply or drives too fast, the trailer could flip and roll the entire truck onto one side, creating a dangerous and deadly hazard for everyone on the road.

Sometimes rollover accidents occur because the negligent truck driver was behaving recklessly by speeding, driving while distracted or fatigued, or under the influence of alcohol or drugs.

A truck rollover accident could also occur when truck operators are driving safely and responsibly. For example, an overloaded trailer or a trailer improperly loaded by a cargo crew may sway dangerously as it makes its way through a turn. The truck’s heavy cargo may also not be secured or balanced properly.

Many rollover accidents also happen because of tire blowouts, which may result from poor maintenance of tires, bad design, or manufacturing defects.

Call the Brown Firm for a Free Consultation With a Truck Accident Attorney After a Commercial Truck Accident

If you were injured in a truck accident, you have rights and may be entitled to recover compensation for considerable property damage and medical expenses from the trucking company’s insurance company.

That’s why you need to talk to an experienced truck accident lawyer if you’re ever involved in a trucking accident.

The trucking industry is notoriously hard to go up against, so you shouldn’t do it on your own. The fight for fair compensation is draining, so consult with a truck accident lawyer from The Brown Firm.

Our experienced attorneys always provide a free legal consultation to help you get the compensation you deserve.

Contact us to schedule your free consultation with our truck accident lawyers today! 

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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What Should I Know About Truck Accident Lawsuits in Georgia?

Each year, there are thousands of severe truck accidents in Georgia. Truck wrecks can cause tremendous devastation and injure many people.

Truck accident victims are entitled to recover full compensation for all their pain and suffering.

Since commercial trucks are larger and heavier than other vehicles, it is common to think that trucking lawsuits are relatively easy to secure. However, trucking cases are more complicated and challenging to litigate compared to typical car wreck cases.

In this blog, we take a look into the many circumstances that affect truck accidents that might not factor into car accidents at all, such as liability, causes, and evidence.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Liability of Trucking Accidents

Since Georgia is an at-fault state, the person who caused the accident covers the damages, like medical expenses and vehicle damage.

In a car accident, the driver is the only one liable, but in a truck accident case, it varies.

There can be multiple parties involved, including the truck driver, the trucking company, the company responsible for loading the truck, and even the party who handles the truck maintenance.

One or more of the guilty parties can share a portion of the liability, as long as the cause of the accident is determined and proven in the court.

Common Causes of Trucking Accidents

Determining the cause of the truck accident injury is an essential aspect of the lawsuit as it can help show that the other party was negligent.

Truck accidents in Georgia are caused by many different factors. Some of the sources involved the following:

  • Driver Error
  • Truck Equipment Failure
  • Bad Weather Conditions
  • Improper Loading of the Truck 
Driver Error

Driver error is one of the most common reasons for trucking accidents. Drivers are human, and thus, they make mistakes. They can commit different forms of negligence, including; distractions, fatigue, inattention, or substance abuse, affecting a driver’s ability to react to the dangers on the road.

Truck Equipment Failure

Equipment failure is the second leading cause of all commercial vehicle crashes. This may include design and manufacturing errors such as defective tires or poor maintenance. The trucking company and the drivers are responsible for maintaining proper vehicle maintenance and inspections to ensure that their trucks are operating correctly before hitting the road. However, not all truckers perform this pre-trip inspection, while those who do may not find the defective equipment, which may cause problems in the future.

Bad Weather Conditions

Weather conditions also play a significant part in road safety. Bad weather often leads to wet and icy road conditions, so truckers have the responsibility of driving safely during inclement weather and making adjustments to their driving patterns.

Improper Truck Loading 

The responsibility of properly loading and securing a truck is the truck driver’s. The driver should equally distribute the cargo throughout the trailer. An uneven load can cause a significant number of accidents ranging from rear-end, rollover, jackknife, or sideswipe accidents, causing severe injuries and even death.

Trucking Accident Evidence

After the accident, any evidence that could prove liability to the other party should be gathered. Evidence would not only verify fault but would also help discover every potential defendant.

The evidence of a truck accident is divided into three distinct categories:

Driver Information
  • Basic information such as name, contact information, and the company name of the truck driver
  • Qualifications and training files of the driver
  • Insurance information
  • Driver’s license number
  • Drug and alcohol test results if administered after the crash

Federal regulations require truckers to drive for a limited time as truck drivers often sacrifice sleep and rest to deliver cargo at a specific place and time. The driver’s log where truck drivers write down the hours they drove can contain relevant information for your case.

Vehicle evidence

Any damage done to the plaintiff’s vehicle during the accident is another crucial piece of evidence for your case. The visible damages are tell-tale signs of what happened during the crash. Don’t get your vehicle repaired immediately, or vital evidence that would be helpful for your case would be erased.

The defendant’s vehicle information should also be included, especially the maintenance history, documentation, and inspection history.

Cargo

The documentation of what was being hauled, the weight tickets, trip envelopes, dispatch instructions, delivery documents, and bills of lading would be beneficial when determining if the cause of the accident was improper loading.

In addition to driver information, vehicle evidence, and cargo, it would also be helpful if you obtain a copy of a police report. The police report contains important details about the accident, including the accident location, people involved, weather conditions, and witness statements.

Photographs should show the damages of both vehicles and the injuries that you sustained from the crash.

You should immediately collect evidence since trucking companies typically send investigators to the crash scene on their behalf. These investigators are trained to protect trucking companies and quickly collect information from the crash scene to minimize the potential injury claim.

Related Blog: How Truck Weigh Stations Keep Drivers Safe

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Contact The Brown Firm Today for A Truck Accident Attorney!

It is essential to know what to do after a truck accident in Georgia or South Carolina. Hiring an attorney as soon as possible to start investigating on your behalf would help find key evidence from the accident, such as tire skid marks or debris, before they are no longer available. 

A lawyer could also demand that the trucking company keep relevant information about the company driver involved in the crash, their logs, and drug and alcohol screening results post-collision.

If you have been injured in a truck accident in Georgia, the skilled commercial truck accident attorneys at The Brown Firm can help get you the compensation you deserve. Contact us today for a free consultation to discuss the nature of your case.

Our Recent Personal Injury Articles

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Truck Accident Statistics [Infographic]

Truck accidents often result in devastating injuries and a higher number of deaths compared to a typical car crash due to their size and mass. An 18-wheeler can weigh up to 80,000 pounds – around 20 times larger than an average passenger vehicle, making it more difficult to maneuver or stop.

It’s easy to see how trucking accidents can lead to catastrophic injuries and deaths because of the vehicles’ sheer size and weight. Understanding the details surrounding these accidents might give truck drivers an idea of how to be more responsible and alert on the job.

In 2017, there were 4,102 people killed in large truck crashes. Of those 4,102 victims, 17 percent of the fatalities were either the truck driver or the passenger, 68 percent were occupants of cars and other passenger vehicles. The remaining 14 percent were pedestrians, bicyclists, or motorcyclists.

While the percentage of passenger vehicle occupant deaths in large truck crashes has steadily decreased since 1980, the number of fatal truck crashes had increased by 47 percent since 2009, when it was the lowest it had been since the collection of fatal crash data began in 1975.

In 2017, 52 percent of fatal truck accidents occurred on a major road, 32 percent occurred on interstates and freeways, and 15 percent on minor roads.

Most fatal car crashes occur during the weekends due to a high incidence of alcohol use. However, truck accidents are more common during the weekdays when cargo transportation is the highest. Of the fatal crashes involving trucks, 18 percent of deaths have occurred on Thursdays since Friday is crunch time for most drivers.

Trucks tend to travel at higher speeds midday than during heavy traffic hours when speed is impeded by heavy congestion. Accounting for 19 percent of deaths, 12 pm to 3 pm was the most common time of day when truck accidents occurred. 

Were you injured in a semi-truck accident? Here’s what to do after a commercial semi-truck accident that was not your fault

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

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Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.