Truck Accident

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 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. 

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.

A truck driver has specific rules that control the number of hours that they can operate a truck. This includes hours controlling the number of hours a truck driver can operate a truck in a single day, as well as the number of hours in a week.

The rules are divided into whether or not the driver is hauling property or people. In the case of people, like for example a bus driver, the time periods change. For a property operating commercial motor vehicle, there are several limits.

First, there is a 14-hour driving window limit. A driver is permitted a period of 14 consecutive hours in which to drive up to 11 hours of time. Once that period expires, the driver is required to take 10 consecutive hours off before driving again. This regulation is § 395.3(a)(2).

Second, during the 14 consecutive hour period explained above, a driver is permitted to operate his truck for up to 11 total hours. A break is required after 8 hours of driving. The break must be at least 30 minutes. This regulation is § 395.3(a)(3). The thirty-minute rest break requires that a driver not drive more than 8 hours consecutively without stopping for at least 30 minutes. This can be done during a meal or any other time in which the driver is not working for 30 minutes.

Third, there is a 60/70-hour limit. This limit is based on a 7 or 8 day period respectively. This is sometimes referred to a  “weekly” limit. Importantly, however, the 7-8 day period does not have to begin at the start of the week. It refers to the days immediately prior to the current day. The 60-hour for 7 day limit applies to drivers of trucking companies that operate tractor trailers less than 7 days per week. The 70-hour for 8 day limit applies to drivers of trucking companies that operate tractor trailers every day of the week.

In the event that a driver reaches this 60/70 hour limit, the driver cannot drive again until they go off duty a sufficient amount of time to bring them below this limit. Under these circumstances, the driver may still work but cannot drive until they are off duty the amount of time. Off-Duty means not working at the plant or facility, not doing paperwork, not caring for the truck, and not working another job. Importantly, excluded from on-duty time is time in the sleeper berth of a tractor trailer. The full description of what constitutes off-duty time is found in § 395.2.

There are several important exceptions to the hours of service rules. One of the most significant, for CDL drivers, is the 100 air-mile radius exception. The 100 air-mile exception exempts a driver from the log-book reporting requirements, as well as the 30 minute break requirement. To qualify for the exception, the driver must operate within a “100 air-mile radius” of his normal work reporting location. The driver must return to this work reporting location within 12 hours. The driver is still subject to the 10 hour off duty requirement and 11 hour driving requirements. This exception is found in § 395.1(e)(2).

Another important exception is for “adverse driving conditions.” In the event of unexpected adverse conditions, the truck driver may drive an additional 2 hours during the 14 hour period outlined above. This means that the driver may operate for up to 13 hours. Adverse conditions can mean things like snow or fog. They also can mean traffic under the right circumstances. Other conditions may qualify as well, and it is important to have a Georgia truck accident lawyer review the facts and circumstances of the case. This exception is found in § 395.1(b).

An additional important exception is the 16-hour short haul exception. If a driver returns and reports from the same location and has for the prior 5 days, then the driver can extend the on-duty time to 16-hours for one day during a 7-8 day period. This is found in §395.1(o).

The rules are complex, and there are many other exceptions and restrictions. A knowledgeable Atlanta truck accident attorney, like Weatherby Law Firm, P.C., can help you understand the rules and application to your case.

Folks naturally want to know at the outset, how much is a truck accident worth? This is true on both the plaintiff and defense sides. It makes sense. A genuinely injured person wants to know how much compensation to expect in the future, if any. A truck company wants to know their exposure so they can adequately prepare.

There is no magic formula for determining the value of a tractor trailer accident in Georgia. Unlike worker’s compensation cases, in which statutes generally control the amount of compensation received, in a personal injury case, there is no statutory value assigned to an injury. Instead, it is generally left to “the enlightened conscience of the jury.” This means that the jury could award the injured plaintiff anything, $5.00, $5,000, the list goes on.

While there is no established formula, there are a few things to look at. In general, a truck accident victim will be looking to recover: medical bills + lost wages + pain & suffering. For medical bills, the expenses must be casually related to the accident. This means that preexisting conditions, degenerative conditions, prior injuries, and injuries that occur much after the accident are not generally recoverable. It also means that traumatic injuries caused by the truck crash are recoverable. An easy to understand example of a traumatic injury is a fracture. There are exceptions to every rule, so a solid Atlanta truck accident attorney could give you a better idea.

In addition, the medical expenses must be reasonable. A lot of times folks think that the higher medical expenses, the better. And, it is true that a person with $300,000 in medical bills will generally recover more than a person with $3,000 in bills. However, there has been a recent trend as of late for lawyers to send their clients to injury centers, which charge exorbitant rates for routine procedures.

We do not believe this is the best course for several reasons. First, the law requires that medical expenses be reasonable. The fastest way to a $0 recovery is when the jury gets the impression that the medical providers were selected to inflate medical bills, rather than for medical bills. Second, it increases the amount of liens that the injured party must pay back. This means that the injured party’s take-home will often be less than a person who treated for genuine prices. Third, we want to be certain that our clients are receiving the best care possible. In general, top doctors do not inflate bills.

In addition to medical bills, a plaintiff will seek to recover their lost wages. If a person misses work due to a tractor trailer wreck, this will typically be a recoverable item of damages. The injured party must have been working at the time of the accident and must have missed work due to injuries related to the accident.

The biggest unknown in evaluating a personal injury case is pain and suffering. Pain and suffering is awarded by the “enlightened conscience of the jury.” Pain and suffering “means the physical and mental injury, pain, and suffering” of the injured person.  Things such as the level of pain, activities the party can no longer engage in, sadness, anxiety are generally recoverable under pain and suffering.

The more serious the injury is, the larger the pain and suffering verdict is like to be. For example, in a recent trial that we completed for the plaintiff, the jury awarded $3,007,379.90 in pain and suffering for a mother that died in a car accident. This was a horrific and tragic case, which resulted in a larger pain and suffering award for the mother. In a typical truck wreck case, the pain and suffering award will be much lower than this.

In some unique cases, there may be an avenue for punitive damages or attorney’s fees. These are exceptional cases that do not generally apply to the average truck wreck.

A knowledgeable Georgia truck accident lawyer, like us, can help you navigate all aspects of your case, including these. We specialize in truck accidents representing both genuinely injured folks and reputable companies.