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Truck Accident

Commercial Vehicle Accident Lawsuit
  • Alex Weatherby

What Happens in a Commercial Vehicle Accident Lawsuit? Identifying Responsible Parties
What Happens in a Commercial Vehicle Accident Lawsuit? Identifying Responsible Parties 1920 1276 Alex Weatherby

Now that we understand the regulatory framework behind a truck accident case and the general responsibilities of a motor carrier and driver, this section of the book focuses on the preparation of a commercial vehicle accident lawsuit. When first presented with a potential case, there are three basic questions:

  • Who are the (potentially) responsible parties? The driver and the motor carrier are the most obvious defendants in the majority of truck wreck cases. However, there are many more potentially responsible parties.
  • What was the culpable conduct? Once the potentially responsible parties are ascertained, we need to address the causes of the accident. In many commercial vehicle cases, culpable conduct is a combination of the conduct of various potentially responsible parties.
  • What are the potential causes of action? There may be one or more legal theories applicable to conduct, giving rise to a collision. 

The answers to these questions will guide the preparation of any successful commercial motor vehicle case. We address each of these important topics below. 

Who Are the Potentially Responsible Parties? 

In commercial truck accidents, there are often multiple individuals or entities that share responsibility for the harm caused in an accident. Of course, the facts of the accident will guide the analysis. 

While there are too many potentially-implicated parties to name, the below list identifies many of the common parties: professional driver; motor carrier; supervisors, managers, or involved superiors of the motor carrier; shippers (freight owners); brokers (freight forwarders); cargo loaders; truck maintenance personnel or companies; truck part manufacturers; insurance companies; and intermodal providers.

Joint Tortfeasors in a Commercial Motor Vehicle Case

As in all tort cases, a tort case concerning a commercial motor vehicle accident may involve multiple joint tortfeasors. There is no Federal cause of action in such a case, so the state-law-based cause of action becomes relevant. We will focus on Georgia law for purposes of example.

Georgia law recognizes joint and several liability in instances where tortious conduct gives rise to joint liability. When the alleged negligent acts of two or more tortfeasors result in a single and indivisible injury, such as death, the alleged tortfeasors may be sued jointly.

Styling a claim in a truck crash case is a strategic undertaking. For instance, bringing a tort suit against only a motor carrier may be advisable rather than bringing a claim against both the motor carrier and driver.  Likewise, a suit against a motor carrier and the insurance carrier (where permitted by local law) may be a wise strategy. In addition, because there are multiple potentially culpable entities, it is important to lock the motor carrier into a position of identifying who (if any) additional persons they contend are liable before the statute of limitation expires.

The point is, there are numerous strategic factors that affect the decision of whom to sue. Let’s start by looking at situations where suing the truck driver arises. 

Truck Driver

The driver is a common defendant in commercial motor vehicle accident cases that result from driver acts or omissions. The FMCSR lays out standards for safety in the performance of a driver’s primary responsibilities, which could give rise to liability. A professional driver is subject to these regulations and, as such, may be liable under state law for violating the standard of conduct outlined in the Federal regulations.

It is important to remember that the truck driver may be an agent/employee of a trucking company. The question will be: is the driver an independent contractor or an agent that the truck company maintains control over? In addition, the truck driver may be a “dual agent” of more than one master. This is a key inquiry as it can potentially open up additional avenues of recovery. If the truck driver is the agent of two companies, then the potential for recovery has doubled. 

A plaintiff’s attorney must make a strategic decision whether the driver is a necessary party and a wise addition to the case. The driver may be a sympathetic figure, depending on the facts and circumstances of the accident. However, the driver’s addition may be necessary (at least at first) to ensure that there are no agency issues with the companies in question. It is ultimately a strategic question each attorney must address.

Commercial Motor Carrier (Trucking Company)

There are two common claims against the motor carrier in a truck crash case: (1) direct negligence and (2) imputed liability. In direct negligence, the motor carrier may be liable for its actions in hiring, supervising, dispatching, aiding violation of Federal rules, and similar conduct. As detailed in section 4, infra, for example, the motor carrier has specific duties to fulfill when hiring a driver or maintaining the vehicle. Where the failure to fulfill these duties is causally connected to the accident, a claim for violation of the motor carrier’s duties under the FMCSR may add strategic value to the case. 

Most commonly, however, the motor carrier faces potential “vicarious liability” based upon the theory of “respondeat superior.” This creates liability for the motor carrier for the acts and omissions of an employee-driver within the course and scope of their employment while operating the tractor-trailer.

Commercial motor vehicle practitioners must move a simple negligence claim to a professional negligence claim. This requires an investigation into the operations of the commercial carrier to understand patterns and practices. If the motor carrier or driver has consistently violated the standards for professional drivers, then the facts of the case may be viewed in a different light by a judge or jury.

Shipper (Freight Owner)

Shippers face potential liability for harm caused to third parties by the cargo they are shipping or receiving. There are two main causes of action against a shipper. One, there may be a claim against the shipper for acts and omissions of the driver in the course and scope of the shipment. Two, there may be a claim against the shipper for its tortious acts and omissions that contributed to the collision.

To hold the shipper liable for the acts and omissions of the driver or motor carrier, the shipper must retain a requisite level of control over the delivery process. This will be a fact-intensive inquiry, governed largely by the state law, and is akin to an independent contractor analysis. For example, where the shipper paid the driver directly, imposed rules and fines for various acts/omissions in the course of shipment, required a particular type of equipment for shipment, and required pick-up and drop-off at a particular location, the shipper could be held liable for the acts and omissions of the driver.

A shipper may also be liable for its acts and omissions in the course of shipment. A shipper may be held liable, for example, for negligent hiring or “selection” of a motor carrier in the course of shipment. Once again, this will be an inquiry governed by state law. For example, a Federal court in West Virginia held that under West Virginia law, “the shipper could be liable if its negligent selection of an incompetent independent contractor to do work which involves a risk of physical harm to others unless skillfully and carefully done was a proximate cause of the accident.” The Court held that the shipper had a duty to investigate the motor carrier’s “safety and fitness” to determine whether it was appropriate for handling the shipment.

As previously discussed, the motor carrier and driver have a duty to ensure the proper loading of shipments. However, when the shipper loads the goods, it may be responsible for the negligent loading. This does not mean that the motor carrier is absolved of responsibility. If the motor carrier should have discovered the negligently loaded material, then it, too, may be held responsible.

The FMCSR also imposes duties upon the shipper when shipping hazardous materials. This includes requirements that the hazardous material is properly marked, packaged, manufactured, and assembled. A shipper’s failure to satisfy all requirements may give rise to liability.

Cargo Loader

As detailed above, the FMCSR contains regulations specific to loading material. In certain situations, the cargo loader bears responsibility for negligence in loading, which contributes to a commercial motor vehicle collision. The cargo loader on a commercial vehicle may be any number of individuals, including the driver, employees of the trucking company, the shipping company, the freight forwarder, or a third-party loading company. 

The most common form of loading accident is when cargo is loaded inappropriately and shifts or falls, causing injury to someone nearby. More specific examples include when a loader uses incorrect straps, overloads the trailer, or fails to use enough tie-downs. Remember that there are specific regulations regarding the number and types of tie-downs that must be used for loading certain materials.

A common fact pattern in improper loading cases is a trailer is loaded improperly and, during travel, the load shifts causing the trailer to overturn or the cargo to fall. In this type of case, it is necessary to determine (a) the entity responsible for the loading, (b) the methods taken to load, and (c) the regulations that may apply.

Broker

A broker is a middleman who connects a shipper (owner of goods) with a transportation company (motor carrier). As a middleman between shippers and carriers, freight brokers play a vital role in the transportation industry. However, their involvement in the process of arranging transportation can also expose them to legal liability in the event of a truck accident.

Under Federal law, a “broker” is defined as “a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation.” While this may sound like a passive role, in recent years, courts have increasingly held freight brokers responsible for accidents involving commercial motor vehicles.

The theories are generally as follows. One, the broker “negligently hired” the motor carrier, leading to a motor carrier accepting a load when it was unfit. These claims face a challenging hurdle in preemption via Federal statute. Two, the broker exercised such control over the shipment to create an agency relationship. These inquiries fall along the same lines as is an independent contractor or agent inquiry. That is, how much control was exercised by the broker over the motor carrier?

Truck or Part Manufacturers

When a commercial motor vehicle accident occurs due to a defective product, such as faulty brakes or tires, a product liability case may be pursued against the manufacturer of the defective product. While the focus of this handbook is not product liability law, it is worth noting that the truck or part manufacturer is a potentially responsible party in litigation if a defective product contributes to an accident. This is because manufacturers have a legal duty to design and produce products that are reasonably safe for their intended use. If they fail to do so and an injury or accident occurs as a result, they may be held liable for damages under product liability law.

We have handled cases in which a tire unexpectedly exploded, for example, causing serious bodily injury. The inquiry will follow the product liability standards of your jurisdiction.

Maintenance Companies

As detailed above, the FMSCR requires the motor carrier and the driver to undertake certain duties to ensure that the commercial motor vehicle is in working order. Motor carriers may outsource all or some of this responsibility to a third-party maintenance company. This is because the motor carrier may not have the ability to conduct significant repairs to the vehicle in-house.

When these repairs are negligently made, the maintenance company may be liable. The claim centers on whether or not the maintenance company exercised reasonable care in performing the repairs. 

When repairs are negligently completed, even by an outside party, the motor carrier may also be liable. In one case, for example, a motor carrier attempted to avoid liability for a rusted drag link that caused a collision. The motor carrier argued it could not be liable for the negligent maintenance because it outsourced all maintenance to a third party. The court held that this outsourcing did not insulate the motor carrier from liability: “A reasonable jury could conclude that [the motor carrier] had a duty under the FMCSR to properly maintain and inspect the tractor/truck and that they have failed to do so.”

Insurance Company (or Companies)

Truck accidents often involve a complicated web of insurers. Each of the aforementioned potential defendants may have insurance coverage for the type of injuries or damages suffered in the vehicle accident. This insurance can be significant, as FMCSR requires $750,000 or more in insurance in many instances.

Unlike most other cases, in a commercial motor vehicle case, the Plaintiff can name the insurer as a party-defendant in some instances. The law that permits such a claim is known as a “direct action” statute. Georgia, for example, permits the insurer to be a named party. There are two direct action statutes in Georgia. 

O.C.G.A. § 46-7-12(c) states, “[i]t shall be permissible under this article for any person having a cause of action arising under this article to join in the same action the motor carrier and the insurance carrier, whether arising in tort or contract.” And O.C.G.A. § 40-2- 40(d)(4) states, “[a]ny person having a cause of action, whether arising in tort or contract, under this Code section may join in the same cause of action the motor carrier and its insurance carrier.” Georgia law is clear that these statutes permit the addition of the insurer as a party defendant. This can be a powerful tool to ensure coverage is afforded and the rights of the plaintiff are protected.

Intermodal Equipment Providers

“Intermodal shipping” concerns the shipment of freight containers by sea, rail, and truck. The following definitions are relevant:  

Intermodal equipment means trailing equipment that is used in the intermodal transportation of containers over public highways in interstate commerce, including trailers and chassis.

An intermodal equipment provider is any person who interchanges intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the intermodal equipment.

Some companies that serve as Intermodal Equipment Providers (IEP or IEPs) are ocean shipping companies, cargo ports, trucking companies, and equipment leasing companies. IEPs are required to register with the FMCSA. IEPs are subject to the same provisions of FMCSR as a motor carrier, except for the requirement to maintain an accident register. One key consideration is the requirement that the chassis/trailers involved in the intermodal equipment transportation be properly maintained. The FMCSR requires the IEPs to maintain, repair, and inspect the equipment.

Claims Against Government for “Road Defects”

A government entity or third-party contractor may be liable for hazardous road conditions if those conditions contribute to a collision. This scenario most commonly occurs, in our experience, in work zone accidents. Other examples of hazards may include potholes, rubber from truck tire re-treads (commonly known as road gators), debris, lack of road lines or reflectors, absent or unmarked guard rails, low-hanging power lines, downed trees, lack of signage, and poorly maintained bridges. Claims against a state or local government will likely require a waiver of sovereign immunity, pursuant to State or Federal law.

In Georgia, O.C.G.A. § 32-2-2 requires the DOT to manage, construct, and maintain public highways. This includes the “responsibility for all construction, maintenance, or any other work upon the state highway system.” These claims are usually presented pursuant to the Georgia Tort Claims Act.

Get the Legal Help You Need After a Commercial Vehicle Accident

Commercial vehicle accidents can leave victims facing serious injuries, costly medical bills, and long-term challenges. If you or a loved one has been hurt in a crash involving a truck, delivery van, or other commercial vehicle, you don’t have to navigate the legal system alone. Injured in a Commercial Vehicle Accident? Contact Weatherby Law Firm today for experienced, aggressive representation and the justice you deserve.

How Long After an Accident Do You Have to File a Claim?
  • Alex Weatherby

How Long After an Accident Do You Have to File a Claim?
How Long After an Accident Do You Have to File a Claim? 1000 667 Alex Weatherby

Loaded with emotional and physical trauma, the moments following a car accident can feel overwhelming.  However, you might be wondering: how long after an accident do you have to file a claim? Your decisions in the aftermath can significantly impact your ability to file a claim and receive compensation for your damages. 

The time you have to file a car accident claim is written into Georgia law. Understanding this deadline and acting quickly can mean the difference between securing the compensation you deserve and losing your right to pursue a claim altogether. 

In this article, Weatherby Law will review the critical requirements for filing a car accident claim in Georgia. We will outline the timeline in which accidents need to be reported and claims filed so that you can put your best foot forward when recovering from the car accident responsible for your injuries.

What Is the Statute of Limitations?

Though it varies by state, the statute of limitations is a legal countdown that caps how long you have to file a lawsuit after a car accident. This deadline exists to ensure that legal matters are resolved promptly while evidence is still fresh and reliable. Once this period expires, you lose your right to pursue legal action permanently—regardless of how strong your case might be. 

The statute of limitations helps maintain the integrity of the legal process by encouraging proceedings while witnesses’ memories are clear and evidence is readily available, ensuring both parties have fair opportunities to present their cases.

Georgia Statute of Limitations for Car Accident Claims

In Georgia, the deadline to file your car accident claim depends on the type of damages you’re seeking. 

Georgia Statute of Limitations for Personal Injury

For personal injury claims resulting from car accidents, you have two years from the date of the accident to file a lawsuit. 

Georgia Statute of Limitations for Property Damage

If you’re only seeking compensation for property damage to your vehicle, you have four years to initiate legal proceedings.

It’s important to note that these deadlines can vary significantly when government vehicles are involved:

  • Claims involving city or county vehicles must typically be filed within six months.
  • Accidents involving state-owned vehicles have a one-year deadline. 

Additionally, certain circumstances may extend or “toll” these deadlines, such as cases involving minors or individuals who were incapacitated at the time of the accident.

The Importance of Filing Early

While the statute of limitations in Georgia provides two years to file a claim, waiting until that deadline approaches can severely hamper your case’s success. Alternatively, early filing offers several crucial advantages: 

  • First, it ensures that critical evidence is preserved before it disappears or deteriorates. Accident scenes get cleared, vehicles get repaired, and witnesses’ memories fade with time. By acting promptly, you maintain access to valuable evidence that can strengthen your claim.
  • Second, filing early gives you stronger leverage in insurance negotiations. Insurance companies may view delayed claims with skepticism, potentially arguing that your injuries or property damage weren’t caused by the accident in question. Georgia law requires reporting accidents involving injuries, deaths, or property damage exceeding $500 to law enforcement immediately. Similarly, most insurance policies require notification within 24 hours of the accident.
  • Lastly, filing your claim early allows adequate time to negotiate with insurance companies and pursue legal action if negotiations fail. Remember: if you wait until the statute of limitations in Georgia expires, you not only lose your right to sue but also weaken your position in settlement negotiations.

Other Critical Deadlines in Georgia

Several other time-sensitive requirements should be considered after a car accident. Meeting these deadlines will protect your legal rights and directly strengthen your claim.

Notify Your Insurance Company About the Accident

Insurance companies typically require notification within 24 hours of the accident—even if you weren’t at fault. Failing to promptly report the accident to your insurer could violate your policy terms and compromise your coverage. 

Seek Medical Attention and Document Your Injuries

Medical documentation also plays a critical role in your claim’s success. Even if your injuries seem minor, seeking medical attention within a week of the accident is essential. Some serious conditions, including traumatic brain injuries, may not show immediate symptoms. Prompt medical evaluation creates a clear link between the accident and your injuries, which will later prove invaluable for your claim.

What Happens If You Miss the Deadline?

The consequences of missing Georgia’s statute of limitations are severe and typically irreversible. Courts will almost certainly dismiss any lawsuit filed after the two-year deadline—regardless of how serious your injuries are or how strong your case might be. This dismissal effectively terminates your right to seek compensation through legal means, leaving you personally responsible for all accident-related expenses.

Additionally, insurance companies understand the importance of these deadlines and may use delayed filing against you. If you wait too long to initiate your claim, you might run out of time to file a lawsuit amidst ongoing insurance negotiations. This weakened negotiating position often results in lower settlement offers or even outright claim denials.

Tips for Meeting Filing Deadlines

To protect your rights and ensure compliance with Georgia’s statute of limitations for personal injury, follow these essential steps after a car accident:

Immediate Actions (Within 24 Hours)

  • Report the accident to law enforcement and obtain an official police report.
  • Document the accident scene with photos and videos if possible.
  • Gather contact information from witnesses.
  • Notify your insurance company of the accident.
  • Seek medical attention for any injuries, even if they seem minor.

Within the First Week

  • Schedule a follow-up medical examination.
  • Begin collecting and organizing all accident-related documentation.
  • Start a detailed record of all medical treatments and related expenses.
  • Consult with a personal injury attorney to understand your rights.

Ongoing Steps

  • Maintain a comprehensive file of all accident-related documents.
  • Keep detailed records of medical treatments and rehabilitation.
  • Document any work missed due to injuries.
  • Save all correspondence with insurance companies.
  • Consistently follow your medical provider’s treatment recommendations.

How a Personal Injury Lawyer Can Help

While these deadlines may seem overwhelming, a resourceful car accident lawyer can help manage them so that you can focus on healing. Hiring a lawyer early on in the process ensures proper documentation, timely filing, and protection of your legal rights throughout the claim.

Insurance companies, despite their friendly commercials, are ultimately driven by profit. They have teams of adjusters and lawyers whose main objective is to minimize claim payouts. 

A skilled car accident lawyer helps level the playing field by calculating and justifying the true worth of your claim—looking deeper than surface-level medical expenses and vehicle repairs. They take into account long-term costs such as ongoing physical therapy, potential future medical treatments, and the impact of catastrophic injuries on your ability to earn a living. 

Act Now to Protect Your Rights — Contact Weatherby Law Firm Today!

If you’ve been injured in a car accident, contact a car accident lawyer while the evidence is still fresh and the statute of limitations is still active. 

At Weatherby Law, we play a vital role in helping accident victims recover from injuries. By collecting evidence, handling complex legal processes, and filing paperwork by its required deadlines, we award our clients the maximum compensation possible to cover their medical expenses and pain & suffering. We are well-versed in these situations and know exactly what steps to take—and when to take them—to ensure you receive a fair settlement for your damages.

At Weatherby Law, our attorneys take a comprehensive approach to managing your case, ensuring no detail is overlooked. We’ve successfully handled thousands of car accident cases, giving us invaluable insights that protect our client’s rights to compensation.

Commercial Vehicle Accident Lawyer
  • Alex Weatherby

Do You Really Need a Commercial Vehicle Accident Lawyer? Here’s What You Should Know
Do You Really Need a Commercial Vehicle Accident Lawyer? Here’s What You Should Know 1000 667 Alex Weatherby

Commercial vehicle accident lawyers have specific knowledge of the law and facts that commonly arise in truck accident cases. Truck accident lawyers also have experience in building these cases through the collection and assembly of evidence and expert review. 

The fact is that commercial motor vehicle (“CMV”) cases or “Truck Cases” are different than car wreck cases. The average personal injury lawyer knows the ins and outs of the Rules of the Road, causation, and damage issues. But, the standards in a CMV case are different. Unfortunately, we don’t know what we don’t know. This Manual will point you in the direction of what you need to learn. There are voluminous regulations that make a truck case more closely akin to a professional malpractice case than a car accident case.

With a deep dive into the regulations and standards applicable to CMV drivers and motor carriers, a lawyer of reasonable ability can, of course, develop the skillset necessary to prosecute these cases. Keep in mind, that there may be important pieces of evidence that are lost while you learn the standards and regulations. Some key pieces of evidence may be discarded within weeks, days, or even hours. This is true for even a well-intentioned trucking company.

Commercial vehicles are expensive assets, with the cost of new tractors nearing or exceeding $200,000. The average business will have difficulty holding off the road an asset of that value. 

And, without a proper preservation letter and scene investigation, information that may be important (such as ECM data) could be lost. The FMCSR contains key provisions that limit the amount of time certain records, such as hours of service logs, must be kept. These, and other issues, make quick movement by the lawyer key in a truck accident case.

Why Are Commercial Motor Vehicle Cases More Complex?

Commercial truck accidents tend to be more complicated than accidents involving civilian motorists. Throughout this book, we focus on the more procedurally complex aspects of handling a commercial vehicle case.

The following are factors that make commercial vehicle cases more complex: 

Evidence and Investigation 

Perhaps the most demanding aspect of handling a commercial vehicle case is the intense investigation surrounding the accident. There are far more potential causes of accidents associated with a commercial vehicle. Also, the collection of evidence often requires knowledge of all the means, methods, and places where information may be stored. It generally requires employing the services of technical, operational, and medical experts.

Responsible Parties 

There are more potentially responsible parties in a commercial vehicle accident than in a civilian vehicle accident. For example, responsible parties might include: the truck driver, the trucking company (and its employees), the truck or trailer manufacturer, a vehicle maintenance company, a broker/dealer, any vehicle or trailer part supplier or manufacturer, a cargo manufacturer, distributor or shipper, cargo loader, intermodal equipment provider, private property owner, local, state and Federal governments, and insurance companies. 

Licenses, Standards, and Regulations 

Commercial drivers, trucking companies, and intermodal equipment providers are subject to a combination of Federal and state law, as well as industry-specific requirements or standards. Notably, you will need to be very familiar with FMCSA rules and regulations dealing with nearly every conceivable aspect of commercial motor vehicle operations. 

Employee vs Contractor Status 

Commercial vehicle accidents often involve an employer-employee or independent contractor relationship between the truck driver and the trucking company. An early hurdle in this type of case is demonstrating that the driver is an actual or statutory employee of the motor carrier. 

Insurance 

The insurance in a commercial vehicle case is significant and (at times) complex. There can be multiple policies applicable. There are also unusual responsibilities that an insurance carrier has to provide payments, despite available coverage defenses.  

Businesses

The defendants in commercial vehicle litigation cases are generally businesses — either commercial motor carriers or insurance companies. These businesses routinely face litigation and have a great deal of experience in defending such cases. They are well-versed in the regulations and how they affect operations. These realities make it more difficult to litigate against commercial motor carriers. Commercial motor carriers also tend to have more resources available to defend themselves in the event of potential legal action than individual defendants in non-commercial vehicle accidents.

Severity of Damages 

Because of the large size and heavy weight of the vehicles involved, commercial-vehicle accidents tend to be more serious (concerning injuries) than small-vehicle or non-commercial accidents. Given the potential amount of damage awards, defendants necessarily invest far more resources in fighting these cases. In turn, this requires greater effort and more resources by the plaintiff or plaintiff’s counsel in pursuing the case and demonstrating the extent of damage suffered.  

The first step in handling a motor vehicle accident is to understand the nature of the task at hand. Being aware of these complexities will help you prepare for the undertaking.

Next, let’s look at the unique role of experts in a truck case.

Expert Issues in Truck Accidents

The cost of handling a commercial motor vehicle case, even without litigation, is generally high. One of the main reasons is the need for expert assistance at many stages of such cases. When reviewing a case, an experienced attorney will ensure that there are damages adequate to justify the expense.

When our firm signs onto a commercial motor vehicle case, we consider the need for several distinct expert types, including an accident reconstructionist, biomechanical engineer, and human factors expert. An accident reconstructionist will typically be a former police officer or an engineer specializing in reconstruction. A biomechanical expert focuses on the mechanics of the interaction of the body with the force of the accident. In layman’s terms, they are crash-dummy scientists. A human factors expert opines as to the reaction of a driver in a collision.

Each of these experts is discussed further in this Manual. And, each can be critical to your case. Unfortunately, expert assistance does not come cheap. We routinely spend tens of thousands of dollars on expert advice and work product. Thus, the attorney must conduct a cost-benefit analysis at the outset. 

Standards in Commercial Motor Vehicle Cases

A complex statutory scheme governs CMV cases. The corresponding regulations are a maze of Federal and state authorities. There are also several publications that establish industry standards and can inform a truck lawyer’s prosecution of a case.

We recommend proceeding as described below. First, review the Federal regulations in detail to determine which of the many hundreds of provisions may apply. Most of the applicable regulations are found in the Federal Motor Carrier Safety Act (FMCSR). Second, following a review of the Federal standards, review all applicable state-specific regulations to determine where the state and Federal standards may differ. Remember, the Federal regulations establish the minimum standard – state standards may be more stringent. Third, review the applicable industry guides. The Federal and state governments create guides to educate drivers. For example, the FMSCA produces a handbook on hours of service written for the benefit of drivers. And, the Georgia Department of Driver’s Services produces a driver’s handbook. These resources can be extremely helpful in understanding the factors for evaluating the standard of care and potential breaches.

Valuation in Truck Accident Cases

Truck cases often entail major damage awards. But, how do you value them? 

We have evaluated dozens of commercial motor vehicle cases for some of the largest trucking companies in the United States. There are numerous factors to consider. Like any good case valuation, the starting point is always jury verdict research. Look for cases with similar fact patterns, similarly skilled counsel, and relevant jurisdictions.  

The reality of case valuation is that it is a very subjective undertaking. In most scenarios, there are several factors that can be pushed to sway the insurer (or ultimately a jury) as to the harm suffered and, thus, the value of a case. Identifying those facts and uncovering evidence to support them is where experienced truck-crash attorneys excel.

Another factor, not to overlook, is the experience or reputation of the opposing counsel. How the adversary (the insurance company or defense counsel) assesses your competence in mounting a successful case matters quite a lot. It may not be fair — but, it’s true. If confronted with a reputable lawyer with experience and demonstrated skills in commercial motor vehicle cases, the insurance company or defense counsel likely takes a harder look at the proposed valuation. Of course, a lawyer with an unproven reputation in CMV cases can still move the needle. But, it will be more challenging. Accordingly, the lawyer and his/her skillset are noteworthy factors in the valuation of cases.

Also, the reputation of the commercial driver and/or the commercial motor carrier are important factors. An insurer will view an accident involving a well-run trucking company (employing a well-trained driver) much differently than one involving a trucking company that is pushing the limits of the law. 

The question becomes: how does one move the insurer (or a jury) to view the trucking company and/or the driver in their true (negligent, reckless, or unfavorable) light? There is no single answer to this question. Using the regulations, depositions, and written discovery as evidence of standards and violations thereof, an experienced commercial motor vehicle lawyer can increase the valuation substantially. 

By way of example, the employment application submitted by the commercial driver often proves useful in shifting a valuation. An application, by Federal law, is certified as true and correct by the driver. Unearthing falsehoods related to prior citations, for example, can help in moving the valuation. This is just one of many tactics discussed further in this Manual. 

Partnering with a Commercial Motor Vehicle Attorney

Like most personal injury firms, we routinely co-counsel with other lawyers to handle cases. Our partners refer cases to us because we’re lawyers they can trust. And, we bring the truck accident expertise necessary to properly prosecute these complex cases.  Whether you partner with us or another firm, make certain that you find a partner that brings both of these qualities to the relationship. Knowledge and experience is important, but ethics are crucial.

Any attorney can refer a personal injury case to us and receive a referral fee. Per the applicable law, it does not matter if you are a divorce lawyer or worker’s comp. lawyer, corporate lawyer, or criminal lawyer. 

Rule. 1.5(e) Governs Fee Splits in Georgia 

As it states: A division of a fee between lawyers who are not in the same firm may be made only if: the division is in proportion to the services performed by each lawyer or, by written agreement with the client, each lawyer assumes joint responsibility for the representation;

the client is advised of the share that each lawyer is to receive and does not object to the participation of all the lawyers involved, and the total fee is reasonable.

Speak With a Commercial Vehicle Accident Lawyer Today

If you wish to partner with us, we make referring a case easy. Simply call 404-793-0026 or email Alex at alex@weatherbylawfirm.com. We will evaluate your case within one business day and let you know if we can partner with you on it.

What to Do After a Truck Accident
  • Alex Weatherby

What to Do After a Truck Accident
What to Do After a Truck Accident 1200 900 Alex Weatherby

It’s a scenario no one wants to imagine: you’re driving down the highway, perhaps on your daily commute or a long-awaited road trip. Suddenly, the unthinkable happens — a massive 18-wheeler veers into your lane. In a split second, your world turns upside down.

Truck accidents are no ordinary fender benders. When a 40-ton behemoth collides with a passenger vehicle, the aftermath can be devastating. Not only are you dealing with potential injuries and vehicle damage, but you’re also thrust into a complex web of insurance claims with multiple parties, legal questions, and mounting bills.

But being prepared can make all the difference. That’s why knowing what to do after a truck accident isn’t just helpful — it’s crucial.

In the chaos following a crash, it’s easy to feel overwhelmed and unsure of what to do next. Should you call the police? Move your vehicle? What about gathering evidence? And how do you protect your rights when you’re up against a trucking company with teams of lawyers at their disposal?

These are the unique challenges that set truck accidents apart from typical car crashes. The stakes are higher, the injuries often more severe, and the legal landscape far more complex.

In this guide, we’ll walk you through the essential steps to take after a truck accident. Whether you’re reading this as a precaution or you’re facing the unfortunate aftermath of a collision, our goal is to equip you with the knowledge you need to protect yourself, your loved ones, and your future.

Remember: in the world of truck accidents, being informed isn’t just an advantage — it’s your best defense. Let’s dive in together and explore step by step what you need to know.

1. Ensure Safety and Call 911

The moments immediately following a truck accident can be chaotic, but your priority should always be safety. Here’s what you need to do:

  • If possible, move your vehicle to a safe location off the road to prevent further accidents.
  • Turn on your hazard lights to alert other drivers.
  • Check yourself and your passengers for any obvious injuries.

Once you’re in a safe spot, it’s time to call 911. This isn’t just a good idea — sometimes it’s a legal requirement. In Georgia, for instance, you must report any accident involving injuries, fatalities, or property damage exceeding $500. Given the size and weight of 18-wheelers, most truck accidents will easily meet this threshold.

When you call 911, clearly state that you’ve been in a truck accident. Provide your location as accurately as possible and answer any questions about injuries or the number of vehicles involved. Be ready for the responding officers to create an official accident report. This document is typically the first official record of what happened and can play a significant role in future legal proceedings.

2. Check for Injuries

After ensuring everyone’s immediate safety and calling 911, it’s time to stay calm and wait for professional medical help to arrive for a more thorough injury check. Here’s why this step is so important:

  • Adrenaline can mask pain, meaning you might be injured without realizing it.
  • Some injuries — particularly those involving the neck, back, or head — may not show symptoms immediately.
  • Prompt medical attention can prevent minor injuries from becoming more serious.

3. Document the Accident Scene

If you’re physically able and it’s safe to do so, document the accident scene from multiple angles. Here’s how:

1. Take Photos

Use your smartphone to capture:

  • Damage to all vehicles involved
  • The overall accident scene, including road conditions and traffic signs
  • Your visible injuries
  • The truck’s license plate and any company information on the vehicle

2. Gather Information

Collect and write down:

  • The truck driver’s name, contact information, and insurance details
  • Names and badge numbers of responding police officers
  • Names and contact information of any witnesses

3. Make Notes

While the details are fresh in your mind, jot down:

  • The exact time and location of the accident
  • Weather and road conditions
  • Your recollection of how the accident occurred

4. Obtain the Police Report Number

This will make it easier to get a copy of the report later.

Remember: you’re not trying to prove fault at this stage. You’re simply gathering as much information as possible. Be thorough but don’t interfere with police investigations or emergency medical services.

Also, while it’s important to exchange information, be cautious about discussing the details of the accident or admitting fault. Stick to the facts and avoid speculating about what happened.

4. Exchange Information with the Other Driver

While you wait for police to arrive, obtain the truck driver’s name, contact information, insurance details, and license plate number. You should also get the driver’s employer’s name and contact information because accidents involving commercial vehicles may include multiple liable parties — yet another reason why it is so important to know what to do after a truck accident.

5. Seek Medical Attention Immediately

Even if you feel fine, it’s crucial to get checked out by a medical professional as soon as possible following the accident. It creates an official record in the form of a medical report, documenting your injuries and linking them directly to the accident. This can be vital for insurance claims or legal proceedings. For example, if you delay seeking treatment, insurance companies might argue that your injuries weren’t serious or weren’t caused by the accident.

Keep in mind that your well-being is more important than any potential settlement. Don’t put off medical attention in hopes of increasing a future payout — it could backfire and leave you with inadequate compensation for your injuries.

6. Notify Your Insurance Company

After you’ve documented the scene and received appropriate medical care, it’s time to contact your insurance company. Here’s why this step is crucial and how to handle it:

  • Prompt reporting: Most insurance policies require you to report accidents promptly. Failing to do so could jeopardize your coverage.
  • Provide only the basic information: Give your insurer the basic facts about the accident, but avoid going into detail about faults or injuries at this stage.
  • Be cautious of early settlement offers: The trucking company’s insurance provider may reach out quickly with a settlement offer. While this might seem tempting, it’s important to remember:
    • These early offers are often lower than what your claim might be worth.
    • You may not yet know the full extent of your injuries or damages.
    • Accepting an offer could waive your right to seek further compensation.

Pro tip: If you’re contacted by the trucking company’s insurer, be polite but firm. Let them know you’ve received their offer, but you’ll need to consult with your attorney before making any decisions. 

This brings us to our next crucial step…

7. Consult a Truck Accident Lawyer

Before you make any decisions about your case or accept any offers, it’s vital to speak with a truck accident attorney. Here’s why:

  • Specialized knowledge: Truck accident cases are often more complex than typical car accidents. They involve federal regulations, industry standards, and potentially multiple liable parties. An attorney with relevant truck accident experience understands these nuances and leverages their knowledge to get you the maximum compensation you deserve.
  • Proper valuation of your claim: A skilled attorney can help you understand the true value of your claim, considering factors like:
    • Current and future medical expenses
    • Lost wages and loss of earning capacity
    • Pain and suffering
    • Long-term care needs
  • Protection of your rights: Your attorney will ensure you don’t accidentally say or do anything that could harm your case.
  • Negotiation skills: If a settlement is appropriate, your attorney can negotiate on your behalf to ensure you receive fair compensation.

Remember: most reputable truck accident attorneys offer free initial consultations so you have nothing to lose and everything to gain. 

8. Gather and Preserve Evidence

In addition to the police records, medical records, witness statements, and accident scene photos you’ve already collected, truck accident lawyers have the resources to conduct their own investigations. For example, they can consult with accident recreation specialists to provide third-party, unbiased testimony that supports your account of the events leading to the accident responsible for your injuries. 

With the additional support of a truck accident lawyer on your side, you might uncover evidence that would have otherwise been inaccessible, further strengthening your claim and increasing your chances of fair compensation.

Speak with a Truck Accident Attorney Today

By following these steps — ensuring safety, documenting the scene, notifying your insurance company, and contacting a truck accident lawyer — you’re setting yourself up for the best possible outcome after a truck accident. While the aftermath of a truck accident can be overwhelming, you don’t have to navigate it alone. 

With the right approach and support from an experienced truck accident lawyer, you’ll know exactly what to do after a semi-truck accident.  

Weatherby Law is a personal injury lawyer with specialized truck accident experience. We will protect your rights while fighting for the compensation you deserve so that you can focus on what’s most important: your recovery. Contact us today to schedule your free consultation.

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What Does a Truck Accident Lawyer Do?
  • Alex Weatherby

What Does a Truck Accident Lawyer Do?
What Does a Truck Accident Lawyer Do? 1000 533 Alex Weatherby

In the aftermath of truck accidents, victims often find themselves dealing with legal headaches while trying to recover from their physical injuries, emotional trauma, and financial burdens. Hiring a reliable truck accident lawyer can help clarify this complex healing process. Understanding their crucial role is the key to securing the justice and compensation you deserve following a truck accident.

Truck accident cases are inherently more complicated than car accidents involving passenger vehicles. They involve intricate federal and state regulations, and multiple potentially liable parties, and often result in more severe injuries due to the sheer size and force of commercial trucks. These complexities demand specialized legal expertise that goes beyond general personal injury law.

A skilled truck accident lawyer brings knowledge and resolution to your case, including:

  1. In-depth understanding of trucking industry regulations
  2. Expertise in identifying all potentially liable parties
  3. Experience in handling complex insurance negotiations
  4. Ability to gather and analyze technical evidence specific to truck accidents
  5. Proficiency in dealing with large trucking companies and their legal teams

So, what does a truck accident lawyer do? Above all, they’re committed to providing personalized legal representation, ensuring that truck accident victims’ rights are protected and their voices are heard throughout the legal process.

In this article we’ll delve into the specific roles and responsibilities of a truck accident lawyer, helping you understand how to choose the right one for your case to receive the maximum compensation you’re owed by law.

The Role of a Truck Accident Lawyer

From start to finish, truck accident lawyers oversee and resolve personal injury cases involving large commercial vehicles. They handle negotiations with insurance companies, ensuring their clients don’t inadvertently say anything that could harm their cases. Along the way, they prepare and file related legal documentation and evidence, adhering to all related deadlines.

If, after negotiations with insurance companies, a fair settlement can’t be reached, your case may go to trial at which point truck accident attorneys will provide representation in court.

Investigating the Truck Accident

Evidence collection is the most important step in investigating truck accidents. Truck accident lawyers investigate every aspect of your truck accident case by gathering evidence, interviewing witnesses, and consulting with unbiased accident reconstruction experts. They examine telltale documents like logbooks, maintenance records, and even the truck’s “black box” data to identify all contributing factors. An effective truck accident attorney will act quickly, securing the evidence before it’s lost or erased and ensuring the strongest possible cases for our clients.

Determining Liability in Truck Accident Cases

One of the most complex aspects of truck accident cases is determining liability. Unlike typical car accidents — where fault often lies with one or two drivers — truck accidents can involve a web of potentially responsible parties, including the truck driver, the trucking company, vehicle manufacturers, cargo loaders, and third-party maintenance providers. The relationship between these various parties can be intricate, sometimes involving independent contractors or multiple subcontractors. Additionally, the trucking industry is heavily regulated at both federal and state levels which makes understanding these regulations yet another key to identifying violations and proving liability.

To establish liability, a truck accident lawyer must prove negligence. This involves demonstrating that:

  • The party had a duty of care
  • They breached that duty
  • This breach directly caused your injuries
  • You suffered damages as a result

For example, if a truck driver failed to obey traffic signals or a cargo loader didn’t secure their payload properly, and this led to your injuries, truck accident lawyers will work to prove their negligence.

To do this, they use their specialized knowledge to examine technical factors, such as vehicle maintenance, cargo loading, and equipment malfunction. An experienced truck accident attorney will also investigate: 

  1. The truck driver: Was driver fatigue, distracted driving, substance abuse, or violations of traffic laws and industry regulations a contributor to your accident?
  2. Trucking Company: Companies may be held liable for negligent hiring practices, inadequate training, encouraging drivers to violate hours-of-service regulations, or failing to maintain their fleet properly.
  3. Vehicle Manufacturer: If a defective part contributed to the accident, the manufacturer of that part could be held accountable.
  4. Cargo Loaders: Improperly loaded or secured cargo can cause accidents, making the loading company potentially liable.
  5. Maintenance Providers: Third-party companies responsible for truck maintenance could be liable if poor maintenance contributed to the accident.

Negotiating with Insurance Companies

Dealing with insurance companies following a commercial truck accident can be one of the most challenging aspects of your case. While you’re obligated to report the accident to your insurer, it’s crucial to approach these interactions with caution and preparation. Truck accident lawyers guide their clients through this process to protect their rights and maximize their potential compensation.

After a truck accident, you’re typically required to contact your insurance company within 24 hours, though this timeframe can vary depending on your policy. It’s important to remember that insurance companies — including your own — may attempt to minimize your claim amount from the very beginning.

Key Points to Remember:

  • Be Cautious: Insurance adjusters may try to take advantage of your post-accident state of mind to gather information that could devalue your claim.
  • Limit Information: Provide only the basic facts about the accident. Avoid giving detailed statements or admitting fault.
  • Don’t Sign Anything: Never sign any documents from the insurance company without first consulting a truck accident attorney who will brief you on what to say and outline the minimum disclosure required.

Navigating insurance negotiations without legal representation can be risky. Insurance companies have teams of adjusters and lawyers whose job is to minimize payouts. So what does a truck accident lawyer do to level the playing field?  As skilled negotiators, they understand the tactics used by insurance companies and make sure that all your damages — including medical expenses, lost wages, pain and suffering, and future costs — are properly accounted for in the settlement offer. They shield victims from common insurance company tactics, such as pressure to accept low offers or using victims’ statements against them.

Filing a Lawsuit and Trial Representation

If a fair settlement can’t be reached, your truck accident lawyer will file a lawsuit and represent you in court. Most injury victims don’t know how to protect their rights when communicating in the legal system, but experienced truck accident lawyers do this all the time and will litigate confidently on your behalf. In certain cases where the accident was a result of willful wrongdoing or the truck accident resulted in wrongful death, a formal lawsuit, and trial may also be necessary to prevent future misconduct.

Calculating Damages and Compensation

Truck accidents often result in severe injuries such as catastrophic back and neck injuries, burns, broken bones, internal damage, or head trauma. These injuries not only have physical consequences but can also cause emotional distress due to the loss of enjoyment in life resulting from long-term impairment.

Truck accident lawyers carefully assess all damages suffered and work hard to secure financial compensation that accurately reflects the extent of these damages and all related medical bills. Since every case is unique, the type and amount of compensation can vary based on the specific circumstances of the truck accident.

Truck accident victims may be entitled to the following types of compensation due to their injuries:

  1. Medical Expenses: This includes all reasonable medical bills incurred as a result of the accident, including current treatments and estimated future medical costs.
  2. Lost Wages: Compensation for any work time missed due to the accident, including decreased earning capacity if the injury affects the ability to work in the future.
  3. Pain and Suffering: This non-economic damage is determined by the jury and often constitutes the largest portion of the award. It compensates for physical pain, emotional distress, and loss of enjoyment of life.

How to Choose the Right Truck Accident Lawyer

When selecting the right truck accident lawyer for your case, look for essential qualities such as years of experience and success rates. You should also take time to read through client testimonials. For better or worse, these serve as references or endorsements.

When researching truck accident lawyers, look for those who offer free consultations. This is your opportunity to schedule a time to meet your potential lawyer and evaluate how they treat you. Pay attention to how they communicate with you and how available they are to you, as this is a telling indicator of how they will eventually handle your case.

Speak with an Expert Truck Accident Attorney at Weatherby Law Firm

At Weatherby Law, we would be honored to speak with you and learn more about the truck accident that caused your injury. We recognize that each truck accident case is unique, with its own set of challenges and nuances, so we fight compassionately to ensure fair settlements that capture the full extent of damages.

Weatherby Law is selective about the cases we handle. When choosing who to call for help after a truck accident, you should be selective too.

Our firm’s track record is a testament to our expertise and personalized approach. Our team of truck accident lawyers has decades of combined experience, having recovered millions for our satisfied clients. 

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Atlanta truck accident lawyer
  • Alex

What to Do After an Atlanta Truck Accident Injury
What to Do After an Atlanta Truck Accident Injury 1200 796 Alex

After a truck accident in Atlanta, you may wonder what steps you should take to protect your rights, preserve evidence, and prove the facts of what happened. Even if a truck accident in Atlanta doesn’t result in devastating injuries, it’s essential to take the right steps after your accident. 

Seek Medical Attention

If you suffer a medical injury after your truck accident in Atlanta, it’s crucial, first and foremost, to seek medical attention for those injuries. In many situations, injuries may appear minor. However, only a qualified physician can review your injuries and determine what treatment is necessary. Therefore, it’s important not to dismiss any medical injuries after a truck accident in Atlanta. A medical professional may be able to determine if you suffer from internal injuries or other injuries that you may be unaware of due to the accident’s shock. 

Contact the Police

In general, Georgia law requires you to contact the police after an accident. Police report to the scene to collect facts, interview witnesses, and obtain all parties’ names and contact information. Additionally, a police officer evaluates the location of the accident and may be able to determine fault. After a truck accident in Atlanta, the police report serves as an essential piece of information for your attorney. If you decide to file a lawsuit, the police report may aid your attorney in acquiring facts surrounding your accident that you may have forgotten or been too injured at the time to acknowledge. 

Stick to the Facts

After a truck accident in Atlanta, you may be contacted by the police, your insurance company, or the insurance company for the other party involved. In those situations, it’s essential to talk with your attorney before speaking further. Anything you say can, and will, be used against you. Talk to an attorney before providing any statement to an insurance company.

Gather Information at the Scene

If you are able, attempt to gather as much information as possible at the truck accident scene in Atlanta. Collect the names and contact information for parties involved, as well as their insurance provider. Additionally, if you are able, take photos of the scene of the truck accident in Atlanta. Any photographs of the damage to the vehicles are also helpful in maintaining a record of the accident. 

Provide your attorney with the evidence you obtained at the scene after your truck accident in Atlanta to help them build the facts of your case. 

Contact Us 

Weatherby Law Firm, P.C. is an Atlanta-based law firm specializing in personal injury claims, including truck accidents. Our firm provides high-quality representation when working cases for our clients. We understand the difficulties you face after a truck accident in Atlanta and strive to improve your life. The attorneys at Weatherby Law Firm, P.C. take immense pride in solving your complex legal problems. We exist to help honest individuals move toward recovery for the injuries they suffer after a truck accident in Atlanta. Contact our office today to discuss your case’s facts and find out how we can help you.

truck accident injuries
  • Alex

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.

Atlanta Truck Accident Attorneys
  • Alex

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
  • Alex

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. 

Punitive Damages Georgia
  • Alex

Punitive Damages in Georgia After a Truck Accident
Punitive Damages in Georgia After a Truck Accident 1227 936 Alex

When a person has been injured in a truck accident due to someone else’s negligence, they may have the right to recover compensation for their damages.

The most common recoverable damages include medical expenses, loss of earnings, vehicle repairs, and pain and suffering.

In some limited circumstances, the injured person may be entitled to punitive damages in Georgia.

It is important to note that punitive damages, however, are not recoverable in the vast majority of cases.

Courts award punitive damages only in extraordinary circumstances.

A punitive damages award is not focused on compensation for the injured party.

It is, instead, intended to punish the at-fault party.

This award is reserved for when a defendant acts egregiously, such as when they are under the influence of alcohol or drugs at the time of the accident.

Merely violating a rule of the road, like following too closely, can be the basis for recovering common damages like medical expenses and pain and suffering. It is not the basis for recovering punity damages.

An Atlanta truck accident attorney can help you determine whether your case may result in a punitive damages award.

Does My Georgia Truck Accident Qualify for Punitive Damages?

Georgia law says that punitive damages may be awarded when “clear and convincing evidence” shows that the at-fault party acted with:

  • Willful misconduct,
  • Malice, 
  • Wantonness, or
  • The entire want of care which shows conscience indifference to the circumstances.

Understandably, distracted drivers are frustrating. However, when a truck driver causes an accident through negligence or carelessness, that will not be sufficient to justify punitive damages. Instead, the case will focus on the injuries and damages that the injured person suffered.

Punitive damages are reserved for accidents that involve intentional and/or egregious behavior. Drunk driving is one of the most common reasons punitive damages are awarded after a Georgia truck accident.

Possible Legal Issues in a Georgia Truck Accident

Some attorneys include punitive damages claims in Georgia Truck Accident cases that have no facts to support it. This is not a good use of resources for the client. An unnecessary punitive damages claim will likely increase the expenses of litigation and the time it takes to resolve the case. Most punitive claims will require additional discovery through depositions (sworn statements) which are time consuming and expensive. In addition, there will likely be additional legal proceedings before the Court that increases the time to take the case.

If the punitive damages claim has no real chance of success, it serves only to waste time and money. Punitive damages should only be alleged when there is a real basis for it.

In a Georgia truck accident, this will usually be because (a) the driver was operating under the influence of alcohol or drugs, or (b) there is evidence that the driver acted intentionally.  While there are a lot of rules that regulate truck drivers, called the Federal Motor Carrier Safety Regulations, a violation of one of these rules is generally insufficient to support a claim of punitive damages. We know all the federal trucking rules, and we can let you know how they will impact your case.

When to Contact an Atlanta Truck Accident Attorney

Accidents involving large commercial trucks are complex. They typically include serious injuries as passenger vehicles are much smaller and lighter. An injured person could be facing significant medical expenses and months away from work as they struggle to recover.

At Weatherby Law Firm, P.C., we understand how stressful Atlanta truck accidents are. We are here to help you with your claim and ensure your rights are protected. We have an experienced legal team that can make life better for you.

We also know what types of cases have the best potential for a punitive damages award. Don’t attempt to represent yourself in a Georgia truck accident. Contact Weatherby Law Firm, P.C. today to schedule an initial consultation. We will work to build the most persuasive case possible and help you fight for the best settlement possible.

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