Truck Accident

what is a preservation letter
  • Alex

What is a Preservation Letter?

What is a Preservation Letter? 750 501 Alex

When you or a loved one is in a Georgia truck accident, bike wreck, fatal accident, shooting, brain injury accident, or any other serious accident, one of the first steps your lawyer should take is sending a “preservation letter” or “preservation demand.” This is a formal letter that notifies the potential defendant that you plan to file a claim for the Atlanta bike wreck, for example, and what documents and other items the defendant is required to keep.  The reason a preservation letter is so important is that, generally speaking, a person is not required to maintain documents unless they have received notice of a claim.

Because we want to be sure that all the relevant evidence is preserved for our clients, one of the first steps that we take in any case is identifying the potential defendant, identifying the potential relevant items that they may possess, and sending a certified letter to the defendant stating that our client plans to file suit and the documents that we want preserved. The letter should be sent certified mail, so you can prove it was received. Once the letter is received, Georgia law requires that the relevant items be preserved. Baxley v. Hakiel Indus., 282 Ga. 312 (2007). If the item is not preserved and the circumstances warrant it, the Court can sanction (or punish) the person for failing to maintain the evidence. These punishments can even include striking of the answer, if the actions are egregious.

In our opinion, the preservation letter should be limited to the items that you really believe need be preserved. Some attorneys throw everything in but the kitchen sink. However, these kitchen-sink preservation requests are often unreasonable and, thus, it will be difficult to prove to a court that your unreasonable request was not complied with.

Here is an example list of items that we requested be preserved in a Atlanta fatal car accident. As you can see, the request is limited to the date of the accident, the vehicle, and the person involved. We also had information in this case that the defendant had posted key information on social media moments before the crash. Tailoring your request to the facts of your case is key in sending a good request for preservation.

….Please preserve the following materials:

  • any and all videos for the date of March 28, 2016;
  • the Dodge Magnum vehicle being driven by you at the time of the incident;
  • any and all photographs for the date of March 28, 2016, including but not limited photographs of you, your vehicle, the injured persons, and/or of any person that supplied you with alcohol;
  • your Facebook page, Facebook profile, Facebook videos, Facebook photographs for March 28, 2016;
  • any and all of your social media accounts for March 28, 2016;
  • any and all documents related to purchases of alcohol on March 28, 2016, including but not limited to receipts;
  • any and all documents which would show alcohol purchased by or given to you on March 28, 2016;
  • any and all documents which would show the name(s), address(es), telephone number(s), credit card information, or any other identifying information for person(s) who purchased alcohol for or on behalf of you on March 28, 2016;
  • any and all documents which would show the name(s), address(es), telephone number(s), credit card information, or any other identifying information for person(s) who supplied you with the black Dodge Magnum;
  • any and all documents which would show the name(s), address(es), telephone number(s), credit card information, or any other identifying information for person(s) who owned the black Dodge Magnum being driven by you at the time of the above-referenced accident;
  • any and all documents or items that would show or relate to any information about the alcohol, drugs, or other liquids consumed by you on March 28, 2016;
  • any and all employment records for you for your employer on March 28, 2016, including but not limited to your full and complete employment file;
  • any and all documents reflecting communications on March 28, 2016, including but not limited to text messages, voicemails, and/or cell phone records.
  • any and all documents reflecting communications relating in any way to the above-referenced automobile accident including but not limited to text messages, voicemails, and/or cell phone records.
  • any and all other documents which may be related in any way to the above-referenced claims; and,
  • any and all medical records resulting from your treatment after the Incident of March 28, 2016, including but not limited to the results of any alcohol or drug test.

If you are in an Atlanta fatal accident, truck crash, bike accident, scooter wreck, or any other accident resulting in serious injury, you should contact a reputable attorney quickly to ensure that all relevant evidence is preserved. At our firm, we provide free consultations.

Atlanta truck accident attorney
  • Alex

What is a CDL?

What is a CDL? 1350 900 Alex

To operate a tractor-trailer, a driver must obtain a Commercial Driver’s License commonly called a CDL. The rules for each state vary slightly. In Georgia, a CDL has several more stringent requirements than a regular license.

  • Age: The driver must be 18 years of age to drive a tractor trailer, dump truck, bus or other commercial vehicle. Even then, the driver is limited to driving in the State of Georgia. To drive interstate, a person must be 21 years of age.
  • Written Exam: Similar to a regular license holder, a Commercial Driver’s License Holder must submit to a written knowledge exam. The written knowledge exam is based on information in the Georgia Commercial Driver’s Manual.
  • Medical Certification: Unlike a regular license, a commercial driver’s license requires a medical certification. This is based on a Federal Rule that requires a commercial driver be physically and mentally fit to operate a big rig. The questions that typically appear on a medical certification include: (a) hear/brain injuries; (b) seizure issues; and, (c) fainting or passing out, among many others.
  • Road Skills Test: A CDL driver, like a regular driver, must demonstrate that they are capable of operating a commercial vehicle through passing a skills test. This includes parallel parking, backing, using the clutch, turning, and other road skills—all while operating a tractor-trailer.

In addition, even after a CDL is obtained, a driver may need an endorsement in order to operate a particular type of commercial vehicle. A truck hauling hazardous material, such as gasoline, will need to pass an endorsement exam. Having a CDL is just one of the basic differences in truck accidents and why hiring an Atlanta truck accident lawyer is important if you have a tractor-trailer wreck claim.

why do we represent both plaintiffs and defendants
  • Alex

Why do we represent both plaintiffs and defendants?

Why do we represent both plaintiffs and defendants? 333 322 Alex

We think our clients are benefited by our experience representing both plaintiffs and defendants. While there are many good attorneys who focus solely on representing plaintiffs or defendants, we choose to practice on both sides of the aisle and we think our clients are better for it. We think it helps our clients in a few ways.

  • Our experience gives our client’s insight. We regularly work with adjusters on reviewing cases, so we know what will cause an adjuster to increase their “reserve” (also known as the “value” that they place on a case.). We also regularly try cases on the plaintiffs and defense sides, so we know how juries are seeing cases and what plaintiffs and defendants care about.
  • Our experience gives our client’s credibility. When we are working on cases, our experience on both sides of the aisle gives us credibility with the parties and their counsel. We can sit across from a plaintiff and tell them that we understand, from our experience, what they’re going through. We can tell an adjuster about cases we’ve defended and how they turned out. We can relate to the opposing attorney through shared experiences representing plaintiffs and defendants. It helps, and it gives us a unique credibility with all parties and clients.
  • Our experience gives our client’s perspective. Law is filed with arguments from different angles. Even when the facts are seemingly perfect for your case, the other side will make arguments to weaken your position. You can see how different sides can view the law by looking at the U.S. Supreme Court. The Supreme Court regularly divides 5-4 with each side arguing strongly that they are “right.” By regularly dealing with issues from the plaintiff and defense perspective, we are able to quickly see all the issues that may be raised, prepare for battle, and make the strongest argument for you.

Our goal is to represent reputable folks dealing with Georgia truck accidents, fatal accidents, catastrophic injury, and class actions. While there are certainly more than one way to practice law and do it effectively, we are proud of the way we’ve chosen to be lawyers: fighting for clients with dignity, efficiency, and strength.  We’ve recovered over $1 billion for our plaintiffs, and we’ve defended some of the top companies in the world. All our clients benefit from our experience.

Atlanta truck accident attorney
  • Alex

How common are truck accidents?

How common are truck accidents? 1350 900 Alex

There are few things more intimidating than driving past a large truck on a highway. These big tractor-trailers are an integral part of the economy, transporting over $700 billion of goods in the U.S. alone. But, we all know that a vehicle that can weigh 33,000 pounds or more can do some real damage when it impacts a car. Statistics support this.

The Federal Motor Carrier Safety Administration (“FMCSA”) is the branch of Department of Transportation that oversees big rigs for the U.S. Government. The FMCSA compiles an annual report on “statistics about fatal, injury, and property-damage-only crashes involving large trucks and buses.” These are the statistics that stand out the most, from the most recent released report in 2017:

  • There were 4,889 truck and bus fatal accidents in 2017.
  • There were 116,000 tractor trailer and bus accidents with injuries in 2017.
  • The amount of truck and bus accidents with deaths or injuries has increased each year since 2009.

The Insurance Institute for Highway Safety (“IIHS”) is an independent, nonprofit organization dedicated to traffic safety. IIHS analyzed the data provided by the Department of Transportation and provided some important insights. This includes that “eleven percent of all motor vehicle crash” fatalities in 2017 involved a tractor trailer.

It is clear that we need to improve road safety with tractor-trailers. There are a number of ways to help. First, proper regulation is important. The FMCSA issues detailed regulations that apply to trucks. With regulations this big, improvements are always available. Second, there are a number of organizations that fight for safe driving and advocate for education. While improving regulation may not be your expertise, you can support organizations, like the National Safety Council and others, to help improve the safety of our roadways.

Truck driving is important to us because we represent folks in tractor-trailer wrecks. We have represented seriously injured victims, and we have represented truck companies. By representing folks on both sides, we are able to tell our clients what the other side is thinking and planning based on our actual and recent experience. This gives our clients a distinct advantage.

Disclaimer: The use of the internet or this form for communication with the firm or ay individual member of the firm does not establish an attorney-client relationship.  Confidential or time-sensitive information should not be sent through this form.

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