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What to Do After a Car Accident in Atlanta

What to Do After a Car Accident in Atlanta

What to Do After a Car Accident in Atlanta 2560 1707 Alex

If you are in a car crash on an Atlanta road or highway, you probably have a million thoughts racing through your head. Who will fix my car? What if I can’t work?

Deciding who is at-fault for a collision usually determines whose insurance policy should cover the damage to vehicles as well as medical costs.

This can be a confusing process, but knowing what to do in the immediate aftermath and seeking proper legal help can make a huge difference in your ability to recover full compensation for your injuries or protect your assets.

Here is a short guide to determining fault after a car accident in Georgia and what to do after one occurs.

Auto Insurance and Accident Claims

Georgia is one of the states that does not use the no-fault approach to auto accident liability. 

In a no-fault system, generally, each driver must first file a claim with their personal injury protection (PIP) policy for the full amount of damages. Then, the driver who is not at fault or is less at fault can sue the at-fault driver only for damages the policy doesn’t cover. 

Georgia does not use this approach. Instead, in Georgia, a person injured in an accident may sue the at-fault driver for the full amount of damages, regardless of their insurance coverage.

These damages can include medical bills, personal property damage, lost wages, pain and suffering, and others, depending on the circumstances. The key is proving that the other driver was negligent, you were damaged, and the negligence caused the damage. You generally can’t recover for pre-existing or unrelated issues.

Georgia’s Negligence Approach: Comparative Fault

Another issue that affects car accident liability is that Georgia follows the modified comparative fault rule for accident compensation.

This rule prohibits a person found to be 50% or more at-fault in the collision from pursuing damages from the other driver. This means that establishing fault percentages after a collision can make all the difference. Even if the other driver was 50% at fault, if the injured party was 50% at fault, there is no recovery.

Establishing Fault and Seeking Compensation

Because of Georgia’s laws regarding damages and insurance liability, properly establishing fault is a key to an injured person receiving compensation.

In many cases, proving fault can be challenging. There are multiple circumstances that can make what appears to be a straight forward rear-end car accident, for example, more challenging.

This is why it is important to seek the help of an experienced personal injury attorney. 

An attorney can help you gather the right evidence to prove the other party’s liability, including pictures, police reports, medical bills, and other important documentation. They can also represent your interests in settlement negotiations or litigation against the other party and their insurance company.

Even if you believe liability is a slam dunk, an experienced car accident attorney can review the facts and provide expert analysis. If you’re the injured party, there may be a fact you missed. If you’re the at fault driver, there may be a defense you didn’t see.

Contact Weatherby Law Firm, P.C. Today

At Weatherby Law Firm, P.C., we proudly represent Georgians in a variety of personal injury matters, including wrongful death, catastrophic injury, truck accidents, class actions, and professional malpractice from our office in Atlanta. We specialize in catastrophic personal injury claims and offer high-quality legal representation backed by integrity, strength, and charm.

We have extensive experience representing the seriously injured, as well as reputable businesses. This diverse experience gives you unique insight, experience, and credibility. We will make sure to put you in the best position possible under the circumstances. Contact our office via phone at (404-793-0026) or fill out our online form to schedule a free initial consultation.

truck accident injuries

Common Injuries from Truck Accidents in Atlanta

Common Injuries from Truck Accidents in Atlanta 684 455 Alex

According to the National Highway Traffic Safety Administration (NHTSA), large commercial truck accidents increased by 50% in the past decade. Sadly, over 4,000 people die in collisions with semi-trucks per year, and the majority of those deaths are passengers in smaller vehicles. And since large trucks transport over 70% of products to American businesses, accidents that cause serious injury or fatality are going to continue happening. Here are some common truck accident injuries to look out for.

Traumatic Brain Injuries

The physics of a trucking accident means that any collision has the potential for serious or fatal injuries. Semi-trucks are a lot heavier than a passenger vehicle and, when something that size travels at high speeds, the potential for injury is higher. A Traumatic Brain Injury (TBI) may occur after a truck accident. Some symptoms of a TBI may include: 

  • Balance problems,
  • Memory loss,
  • Impaired/double vision,
  • Trouble speaking/communicating, and
  • Trouble sleeping. 

It is important to have a reputable doctor check to make sure that an injured person does not have a TBI.

Neck and Back Injuries

A neck or back injury may also result from a tractor trailer accident. Some symptoms may be, stiff, sore, pain, weakness, or numbness. It is important to go to the doctor at the earliest opportunities if you experience any of these symptoms after a truck wreck.

If a neck and back injury is related to muscle or tendons, it is often called a “soft tissue injury.” This means that the most common symptom is pain. Usually soft tissue injuries resolve after treatment, without issue. If the neck and back injury results in a broken bone, herniated disc, or some other objective injury, these injuries are generally more serious and may result in more extended care.

Depending on the severity, a neck injury or back injury can affect a person for years, or life. Medical help is important to determining what type of injury has occurred.

What If the Crash Aggravated an Older Injury?

This is a complex legal question. Under Georgia law, a person may recover for exaggeration of a previously asymptomatic injury. This is called the “eggshell” rule. The idea is that, if a person has a condition that is weak but not problematic (like the shell of an egg), then that person can recover for injuries to their weakened condition in an accident. Likewise, if an injury is made worse from an accident, then the aggravation (but not the original issue) is recoverable.

If the case involves pre-existing injuries, the services of a reputable doctor and turkc accident attorney are even more important.

Truck Wreck? Contact Weatherby Law Firm, P.C. Today!

We know truck accidents. We represent trucking companies and folks with real injuries from a truck wreck case. At Weatherby Law Firm, P.C., we proudly represent Georgians in a variety of legal matters including wrongful death suits, catastrophic injury claims, auto accident suits, and more. We specialize in catastrophic personal injury matters such as truck accident claims, and offer experienced and dedicated legal representation to our clients. Contact our office via phone at (404-793-0026) or our online contact form.

The Difference Between Acquired and Traumatic Brain Injuries

The Difference Between Acquired and Traumatic Brain Injuries

The Difference Between Acquired and Traumatic Brain Injuries 1920 1252 Alex

Brain injuries are no laughing matter. The emotional toll that a traumatic brain injury can have on a family or individual is incalculable, while the physical and financial toll can be equally burdensome.

The question of what is the difference between acquired and traumatic brain injury is a very common one, but the answer might surprise you. In fact, traumatic brain injuries (TBI) are actually a specific type of acquired brain injury. 

The Brain Injury Association of America divides brain injuries between two overall categories: acquired and non-acquired. An acquired brain injury is one that occurs after someone is born, while a non-acquired brain injury is one that someone is born with or that occurs during birth. Typically, congenital factors or degenerative disease cause non-acquired brain injuries. On the other hand, a large number of different sources can cause acquired brain injuries.

Traumatic vs Non-Traumatic Brain Injuries

Generally, an acquired brain injury falls into one of two categories: traumatic or non-traumatic. The key difference between the two categories of acquired brain injuries is whether the cause is internal or external. 

Non-Traumatic Brain Injuries

Internal factors cause non-traumatic brain injuries. Typically, non-traumatic brain injury causes include:

  • Strokes,
  • Hemorrhages,
  • Near-drowning experiences,
  • Drug overdoses,
  • Exposure to poisonous gas such as carbon monoxide,
  • Seizures, and
  • Electric shocks.

Very often a non-traumatic or internal brain injury is the result of decreased or non-existent oxygen flow to the brain due to one of the noted causes.

Traumatic Brain Injuries (TBI)

On the other side of acquired brain injuries are traumatic brain injuries (TBI). External factors cause traumatic brain injuries. Federal law defines a TBI as “an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both.” Traumatic brain injuries, including concussions, can be caused in many different ways, including:

  • Automobile accidents,
  • Assaults,
  • Sports injuries,
  • Slipping and falling,
  • Gunshots,
  • Explosions, and
  • Child abuse (shaken baby syndrome).

According to the Centers for Disease Control and Prevention (CDC), falls are by far the leading cause of traumatic brain injury in America at (48%), followed by being struck by or against an object (17%). Both of these categories themselves can arise out of many different incidents that can occur in our normal day-to-day activities, such as:

  • Being hit in the head by a ball in sports practice;
  • Being struck by a vehicle while crossing the street;
  • Slipping on ice on the sidewalk;
  • Slipping on a wet floor at the supermarket; and
  • Tripping over an obstruction at work.

These are all events that can occur in our daily routines without doing anything out of the ordinary. These daily routines, however, can be permanently changed by a traumatic brain injury. Furthermore, the cost of these injuries is huge. Traumatic brain injuries cost Georgians an estimated $1.5 billion annually in lost wages lost and medical costs.

Serious and Rare

TBIs are some of the most serious injuries that patients, and lawyers, deal with. The vast majority of trauma does not result in a TBI. Because it is rare, it is important to contact someone with experience.

Contact Our Team Today

If you or a loved one has suffered any type of brain injury, the team at Weatherby Law Firm, P.C. is here to help. We understand how difficult it is to suffer a brain injury or to watch a family member suffer. We aim to ease that suffering with legal advocacy founded on principles of integrity, honor, and efficiency. Here at Weatherby Law Firm, P.C., we pride ourselves on caring for our clients as if they are part of our family. With our expertise, attention to detail, and compassionate approach, we can help you through this life-altering event. Contact us today.

Choosing the Right Class Action Lawyer for Your Case in Atlanta

Choosing the Right Class Action Lawyer for Your Case in Atlanta

Choosing the Right Class Action Lawyer for Your Case in Atlanta 1920 1280 Alex

Class action lawsuits provide opportunities for harm suffered by multiple people to be corrected in a single lawsuit. These lawsuits may involve consumer fraud, defective products, or employment grievances. If you believe you have a valid class action lawsuit, contact the experienced team at Weatherby Law Firm to review your case.

What Is a Class Action Lawsuit?

A class action is a lawsuit consisting of one or more people representing the interests of a larger group sharing the same harm. This larger group is referred to as the “class.” Class action lawsuits promote resolution of legal issues where bringing individual cases is not economically possible. Class action lawsuits are designed to advance public policy goals by enabling individuals to receive a remedy for harm suffered at the hands of large companies. 

Bringing a successful class action lawsuits requires the following:

  • Commonality—the harm suffered is common to all members of the class; 
  • Typicality— common set of facts is shared among the class;
  • Adequacy—the class representative adequately represents the interests of the entire class; and
  • Numerosity—The number of individuals affected is too numerous to bring individual lawsuits. 

A class action must be the most efficient way to bring resolution to the harm. If a judge determines that the proposed class meets these requirements, the judge certifies the class and gives the lawsuit class action status. If a class fails certification, the class action lawsuit is dropped. 

How To Hire the Right Attorney for Your Class Action Lawsuit 

A class action requires a specific type of attorney with experience in class action lawsuits. If you believe you have grounds to bring a class action lawsuit, discuss the facts of the case with a qualified class action attorney. A class action attorney can analyze the pros and cons of your potential class action lawsuit and determine whether a viable case exists. 

Experience

Due to the complex nature of class action lawsuits, hire an attorney with extensive experience litigating class action lawsuits. Prioritizing litigation experience ensures the ability of your attorney to effectively represent the class and negotiate for positive results. 

Results Obtained 

Many class action lawsuits settle before trial. Upon settlement, a fund is established to distribute settlement proceeds to all members of the class. When deciding upon the right class action attorney, research whether the firm has obtained successful results in past class action lawsuits.  

Client Focus 

Ensure that your class action lawsuit receives the focused attention of your attorney. You don’t want to hire a firm unable to properly tend to your needs because the firm is overloaded with cases. 

Contact Our Atlanta Class Action Lawyers Today 

Do you believe you have grounds to bring a class action lawsuit? At Weatherby Law Firm, P.C., we make lives better for folks in the fields of catastrophic injury, truck accidents, class actions, and professional malpractice. We represent both injured folks and reputable businesses. Because of our experience, we know how to help you. We’d welcome the opportunity to speak with you today. Contact us now.

Long-Term Effects of Severe Traumatic Brain Injuries (TBI)

Long-Term Effects of Severe Traumatic Brain Injuries (TBI)

Long-Term Effects of Severe Traumatic Brain Injuries (TBI) 1920 1080 Alex

If you have been in an accident that results in a severe traumatic brain injury (TBI), you understand just how serious this injury is. Put lightly, the immediate effects of a severe TBI can be scary, painful, and emotionally distressing.

The short-term effects are often visible and readily identifiable. However, the long-term effects of a severe TBI vary wildly, can be harder to identify, and may not appear linked to the injury at first. Therefore, it’s important that you know what to look out for in yourself or your family member in the future.

Physical Effects

The long-term physical effects of a severe TBI are often similar to the short-term effects. Blurred vision, headaches or migraines, and dizziness are not uncommon for people with severe TBI.

In addition, people who have suffered a severe TBI may report a recurring feeling of tiredness. Others have had seizures. These physical effects, while painful, are easy to see compared to other long-term effects.

Cognitive Effects

Cognitive impairment can be a long-term effect of severe TBI. Short and long-term memory loss may occur. This can leave a person confused about who their friends and family are or even where they live. Some cannot read at the level they once were able to, and others maylose this ability entirely. 

TBI may also affect problem-solving abilities. Some people may be unable to complete the everyday tasks that once were able to, leaving them unable to button their shirt or tie their shoes. The cognitive effects of a severe TBI can be profound in the long term and often permanently alter one’s life in a fundamental way.

Social and Emotional Effects

Severe TBI can also have long-term social and emotional effects. Mood swings are not uncommon in people who have suffered a severe TBI. Depending on other factors, it may affect a person’s ability to work.

The strain of all of the physical and cognitive symptoms can profoundly impact an individual’s psyche. This can result in mental distress like depression and anxiety. Further, a severe TBI can disrupt or damage an individual’s relationships with folks, from their parents to close friends. 

The long-term social and emotional costs of a severe TBI may be serious. You may not initially think of these effects as being linked to the TBI.

Synergy of Effects

The combination of all or some of these effects often has a way of synergizing and increasing the total impact of the TBI in the long term. For example, an injured person may be unable to work due to a loss of movement ability. The loss of their ability to work may then have the effect on their relationships and their mental health.

Severe TBIs, though serious, are rare.

Fortunately, severe traumatic brain injuries are rare. In the vast majority of accidents, even those involving head trauma, the body repairs itself remarkably well and long term effects will not result. Only a well qualified physician can advise you on the potential effects of the brain injury in your case. It is important to get a qualified doctor and attorney to review any case that has allegations of a TBI.

Contact Our Georgia Traumatic Brain Injury Lawyers Today

Contact our experienced team of brain injury lawyers at Weatherby Law Firm, P.C. today. Whether the accident with a TBI occurred one day or one year ago, our team can help. We appreciate the wide variety of effects that a severe TBI can have.At the foundation of our firm are principles of professionalism, compassion, detail, and integrity. We work to make your life better. Let us do that for you.

why hire a car accident lawyer

Why Hire an Atlanta Car Accident Lawyer?

Why Hire an Atlanta Car Accident Lawyer? 700 467 Alex

According to the National Highway Traffic Safety Administration, car accidents cost the American’s $836 billion in 2010. That includes $10.8 billion in Georgia alone— more than one thousand dollars for every Georgian. In just one year. 

Because of this, generally speaking, you should hire a lawyer if you find yourself in one of the following situations.

When You are Negotiating with an Insurance Company

If you have to negotiate with a car insurance company, you generally need to hire a car accident lawyer. Even if the insurance company is your own, it can be important to hire a lawyer. This is because insurance contracts are complex. There are hoops you may need to jump through to properly file your claim. Additionally, if the insurance company begins bargaining with you, it is important to understand your rights.

If you or a loved one is injured, then it is important to hire a reputable lawyer that can assist you in pursuing the claim. The lawyer will be able to gather the necessary information and speak the same language as the insurance adjuster. This can help resolve your case quickly and for a more reasonable sum. Likewise, if you are the at fault driver, hiring a lawyer is important to protect your assets.

When You Are in a Car Accident

Any folks involved in a car accident that results in injuries should consult with an attorney. Whether you are the at-fault driver or the other driver who is not at fault, a personal injury attorney can help evaluate the facts and circumstances of your case and protect you. If you are the injured person, an Atlanta car accident attorney can help you get reasonable compensation for your injuries and damages. If you are the at-fault driver, an Atlanta accident attorney can make sure you are well defended.

A good car accident lawyer will evaluate the facts, including any available videos, witness statements, and the law. An attorney may also consult with with an expert, such as accident re-constructionist. After gathering all of the facts and circumstances, the attorney can advise you how best to proceed.

When You Suffer Any Damage from a Car Accident

The damages that arise from a car accident vary widely. The damages that may be recoverable after a car accident include: 

  • Lost wages;
  • Emergency room costs; 
  • Medical costs; 
  • Costs of psychiatric care; 
  • Costs of lost wages; 
  • Property damage costs; and 
  • Pain and suffering.

These costs add up quickly. An Atlanta car accident lawyer can help you record and calculate the total cost of a car accident. This is important to know, whether you are pursuing a claim or defending your assets.

Contact Our Atlanta Car Accident Lawyers Today

Have you or a loved one been involved in a car crash recently? If so, contact our team of Atlanta car accident lawyers at Weatherby Law Firm, P.C. today. Our team has years of expertise successfully advocating for people involved in car crashes. We represent the truly injured and honorable businesses. Our firm is founded on principles of integrity, honor, and efficiency. Here at Weatherby Law Firm, P.C., we pride ourselves on caring for our clients as if they are part of our family. In doing so, we bring attention to detail and a sense of urgency.

Can You Sue an Auto Repair Shop or Mechanic for Negligence

Can You Sue an Auto Repair Shop or Mechanic for Negligence in Georgia?

Can You Sue an Auto Repair Shop or Mechanic for Negligence in Georgia? 600 463 Alex

Taking your car to a mechanic costs time and money. We know that you expect the auto shop to fix your vehicle correctly. But if that doesn’t happen, you may be able to sue the mechanics if they did not act reasonably. That is because mechanics who commit to working on your motor vehicle have a responsibility to do the work right. When that does not happen, a court may say they are negligent.

What Is Negligence?

Negligence that gives rises to a claim generally happens when these three things occur:

  • Someone has a duty to act with care in doing something; 
  • They breach their duty by not using the level of care ordinarily expected; and
  • They cause harm because they did not do what they were supposed to.

In the case of mechanics, they assume a duty of care by agreeing to repair your vehicle. A mechanic has a duty to use the same level of skill as a reasonable mechanic would under the same or similar circumstances.

An example may help explain this concept. Let’s say you need your brakes fixed on your truck. You hire mechanics who say they’ll fix the breaks. The auto shop calls and says they repaired your vehicle. So you pay the mechanics and pick up your truck. But, what you didn’t know is that the mechanic failed to install the brakes properly. When driving home, your truck does not stop when you press the breaks, the vehicle is damaged.  

In this example, the mechanic negligently caused the damage to your truck. Applying the elements here, we see as follows:

  • The mechanics had a duty to fix your truck;
  • The auto shop may not have used or ordinary care in servicing your truck; and
  • The inadequately repaired breaks directly caused the damage.

The factors of duty, level of care, and damage all must be considered when determining if you have a winnable case.

How Can an Atlanta Accident Attorney Help When a Mechanic Is Negligent?

There are many factors that may affect whether a mechanic is negligent. An attorney is the best person to evaluate those factors. It is crucial to get a lawyer or law firm that understands liability relating to auto shops and can fight for you. An experienced negligence attorney will analyze your case, which may include the following:

  • Review all of the facts, consider the laws, and discuss your options with you; 
  • Help you gather necessary evidence including records, photographs, and expert opinions if necessary;
  • Be sure to follow all the rules and file paperwork needed for court on time; and
  • Negotiate and sometimes settle your claim without going to court.

An experienced catastrophic injury attorney can help ensure that you place your mechanic negligence claim in the strongest position possible under the circumstances.

Steps to Take If You Think a Mechanic or Auto Shop Is Negligent in Georgia

A lot of times a driver won’t realize that the mechanic failed to do their job until it is too late. But, if you do think the car or truck is unsafe, then do not drive the car. Have it towed to another mechanic to double check the work. 

If you find yourself in the position where you had an accident and you think it was due to faulty repair, here are the eight steps we recommend that you take:

  1. Check on the folks at the scene of the accident and ensure everyone is safe;
  2. Call the police and report the accident;
  3. Seek medical attention if needed;
  4. Call you insurance company and report the accident;
  5. Contact a lawyer experienced in cases regarding auto shops and mechanics as soon as possible; 
  6. Keep all bills, receipts, and estimates of the work the mechanic did or claimed to do;
  7. Do not agree to anything directly with the mechanic or anyone else at the auto shop; and
  8. Do not give any statement to the mechanic or their representatives.

Your attorney will represent you and take the lead in negotiating your case. 

How Can Weatherby Law Firm, P.C. Help You?

At Weatherby Law Firm, P.C., we make lives better for folks in the fields of catastrophic injury, truck accidents, class actions, and professional malpractice throughout the state of Georgia. We represent both injured folks and reputable businesses. Because of our experience, we know how to help you. We’d welcome the opportunity to speak with you today. Contact us now.

Serving a Personal Injury Lawsuit in Georgia on an Out of State Defendant

Serving a Personal Injury Lawsuit in Georgia on an Out of State Defendant 150 150 Alex

Video Transcript

Alex Weatherby:

Usually, serving a lawsuit is pretty simple. We give the papers to the process server and they take them and serve them. But what if the defendant, the person that caused the accident, lives in another state? What if they live in New Jersey or Alaska and you’re sitting here in Georgia? Well, that’s where the Georgia Nonresident Motorist Act can come in handy. What it says is, if you follow a few elements, you can serve the Georgia Secretary of State instead of serving the nonresident motorist.

Alex Weatherby:

So, what are the three elements? First, we have to have a nonresident, obviously. That seems pretty simple. Like, hey, if they don’t live in Georgia, then they’re a nonresident. But what the courts have said is, if you’ve got a company or a business who has a registered agent in Georgia, even if they do the vast majority of their work or all of their work outside of the state, they’re not a nonresident.

Alex Weatherby:

So, let’s say we have a nonresident. Somebody who lives outside the state, no registered agent here in the state. Well, then we go to the second element, and that is that you have to personally serve the Georgia Secretary of State with the papers. You give them to the process server and they take them and serve them.

Alex Weatherby:

Then we have the third element and that is that you must take what you’ve served the Secretary of State and mail it via registered mail to the nonresident motorist. In addition, you must include in that package a certificate that says, hey, I’ve served you via the Nonresident Motorist Act so that they know that they have to answer the lawsuit. Once you’ve done that, then the nonresident motorist has to answer the lawsuit, just like if they had been personally served here in Georgia. It could be really helpful if your defendant is out of state or somewhere hard to reach.

Atlanta Truck Accident Attorneys

Georgia Statute of Limitations for Truck Accidents

Georgia Statute of Limitations for Truck Accidents 801 578 Alex

Like car accidents, truck accidents can result in serious damages and injuries. After suffering severe injuries, an injured person may file a lawsuit against the at fault driver. While an injured person can file a personal injury claim, there is a time restriction to do so. 

What Is a Statute of Limitations?

A statute of limitations is a law that sets forth the amount of time you will have to file a lawsuit. The statute of limitations can vary by state and depends on the type of claim. 

The statute of limitations for personal injuries in truck accidents in Georgia is generally two years from the time of the accident. This time clock begins to run on the date of the accident. If an injured person fails to file an injury claim within this timeframe, then they almost certainly will not be able to recover damages. 

Sometimes the statute of limitation can be lengthened or shortened substantially. For example, in Georgia, a claim against a city government arising out of a truck accident must be reported to the government within 6 months.

Failure to do so will bar the claim. A statute of limitations may be extended if, for example, the injured person has a mental disability that prohibits him from filing the claim.

Injuries Caused by Trucking Accidents

Truck accident injuries can be more serious than regular car accident injuries since trucks are bigger, heavier, and (generally speaking) more dangerous than automobiles. Injuries resulting from truck accidents can vary, depending on the severity of the accident. Common injuries include:

  • Broken bones;
  • Back and neck injuries;
  • Head injuries;
  • Spinal cord injuries and paralysis;
  • Internal injuries; and
  • Cuts, scrapes, and lacerations.

In the most severe cases, truck accidents may also be fatal. 

Truck Accident Injury Compensation

A personal injury claim after a truck accident may compensate the injured person for theirinjuries. Compensation may be recovered for:

  • Medical treatment,
  • Medical expenses,
  • Rehabilitation,
  • Lost wages, and
  • Long-term disability.

If the truck accident resulted in a death, wrongful death damages might also be available. 

Common Causes of Truck Accidents

Truck accidents can happen for many different reasons. Some of the causes include:

  • Distracted driving,
  • Driving under the influence,
  • Speeding,
  • Lack of proper training,
  • Brake issues, and
  • Inadequate truck maintenance.

Truck accidents may result from the truck driver’s negligence. They may also result from the other vehicle’s negligence. The facts and circumstances of the crash must be investigated thoroughly to determine who is at fault.

Filing a Claim

If you have been involved in a tractor trailer accident, it is imperative to file a claim with your insurance company right away. Most insurance companies require that you report your accident immediately, or as soon as possible. 

Note that filing a claim with your insurance company and filing a lawsuit is not the same thing. Statutes of limitations are imposed on lawsuits, not insurance claims. Getting your insurance claim going as soon as possible is essential. This allows you to start negotiating a settlement while leaving time to file your lawsuit should the need arise. 

Contacting a Georgia Truck Accident Attorney

Truck accidents and car accidents are very different. While in some cases you may be able to resolve a car accident claim on your own, truck accident claims are much more complicated. It is wise to consult a Georgia truck accident attorney as soon as possible. An experienced attorney will review your case and advise you of legal options that can help you get just compensation. 

We pride ourselves in offering our clients the highest quality service while advocating for their rights. Contact us today, and let’s see how we can help you.

Commercial Truck Accidents GA

Commercial Trucking Laws in Georgia

Commercial Trucking Laws in Georgia 475 315 Alex

Commercial vehicles are subject to both federal and state regulations regarding interstate and intrastate trucking. This can make Georgia trucking accident cases difficult to navigate on your own.

If you have been in a commercial trucking accident with injuries in Georgia, contact the truck accident lawyers at Weatherby Law Firm, P.C. today. More than 50% of our practice is dedicated to truck accident cases.

We have crucial knowledge and experience in this area of law, and we are prepared to help you understand and handle your case.

What Constitutes a Commercial Motor Vehicle (CMV)?

In general, vehicles with a gross vehicle weight rating (GVWR) of 10,001 lbs. or more that are used as part of a business will be considered commercial motor vehicles subject to certain safety regulations. While most people regularly think of commercial vehicles as large semi-trucks, these are not the only vehicles subject to commercial vehicle regulations. These regulations may also apply to:

  • Single vehicles (trucks and vans);
  • Passenger vehicles carrying, or equipped to carry, more than 15 passengers;
  • Combinations of vehicles, such as a truck pulling a trailer or other equipment; and
  • Vehicles carrying hazardous materials regardless of GVWR.

Understanding what constitutes a CMV is essential in determining whether and what regulations apply.

Key Commercial Trucking Laws and Regulations

The Federal Motor Carrier Safety Administration (FMCSA) governs interstate trucking operations. FMCSA regulations are set forth in Title 49 of the Code of Federal Regulations (C.F.R.), Parts 300-399. While these regulations are extensive, there are certain requirements that come into play more often than others that are important to be aware of.

Licensing

Pursuant to 49 C.F.R. § 383.23, a CMV driver must first obtain a Commercial Driver’s License (CDL) before operating a commercial vehicle. In Georgia, the requirements to obtain a CDL include the following: 

  • Vision exam,
  • Written exam, 
  • Road skills test,
  • Medical certification, and 
  • At least 18 years of age.

Complying with the CDL requirement is important for anyone operating a commercial vehicle.

Operating Hours

A cause of some trucking accidents is driver fatigue. In an attempt to limit potential driver fatigue for commercial truck drivers, the FMCSA has put in place hours of service requirements. 

49 C.F.R. § 395 regulates hours of service for CMV drivers. For example, generally, drivers of a property-carrying vehicle may not drive a vehicle without first taking 10 consecutive hours off duty. Further, generally, a driver may drive no more than 14 consecutive hours following the 10 consecutive hours off duty. The FMCSA also calls for periodic rest breaks under certain circumstances. 

Inspection, Repair, and Maintenance

Commercial vehicles, like all vehicles must be inspected, repaired, and maintained. The FMCSA regulations contain some requirements to ensure commercial vehicles are inspected and maintained.

For example, generally, commercial drivers are required daily written inspection reports on the vehicle. According to the regulation, these reports must include the following: 

  • Service brakes including trailer brake connections;
  • Parking brake;
  • Steering mechanism;
  • Lighting devices and reflectors;
  • Tires; 
  • Horn;
  • Windshield wipers;
  • Rear vision mirrors;
  • Coupling devices;
  • Wheels and rims; and 
  • Emergency equipment.

Drug and Alcohol Testing

Under the FMCSA, drivers are also subject to standards with respect to drugs and alcohol. 49 C.F.R. §§ 382.201-207 states that drivers may not report for duty with a blood alcohol concentration (BAC) greater than 0.04, use alcohol while on duty, or perform safety-sensitive functions within four hours after using alcohol. 

With respect to drugs, drivers may not use controlled substances before, during, or after duty. Additionally, the FMCSA may require drug tests on drivers. These tests are generally administered under the following circumstances: 

  • Prior to employment;
  • After certain accidents; and 
  • At random intervals.

There are exceptions to every rule of course. You can read more about drug testing commercial drivers here.

How Violations May Contribute to an Accident

Whenever there is a truck accident, the applicability of the FMCSR will be important. If there is credible allegations of driver fatigue, drug or alcohol use, or equipment issues, the regulations discussed above may be in play. It is impossible to know how these regulations will affect your case, without an experienced Georgia truck accident attorney reviewing your case and the regulations in detail.

If you have sustained injuries in an accident with a tractor trailer, you need to contact a truck accident attorney. Likewise, if you are a truck driver and have been in an accident with injuries, you need to contact an experienced truck wreck attorney.

Contact Us Today

At Weatherby Law Firm, P.C., we are experienced and accomplished truck accident lawyers. We have handled hundreds of truck accident cases in Georgia, and we are prepared to do the same for you.

We have recovered millions of dollars for injured victims, and we have also helped defend trucking companies and drivers. Regardless of your involvement in the accident, we know how to approach your case to get you the best result we can. Contact us today for your case evaluation and see how we can help you. 

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