Standing Up for Georgia Truck Accident Victims
Newnan attorney has more than 20 years of experience in big rig crash cases
A collision with a truck can change your life in an instant. Fully loaded, a commercial truck can weigh up to 80,000 pounds, but even an empty rig can cause catastrophic injuries. Victims often face overwhelming medical bills, lost income and long, painful recoveries. If you or a loved one has been hurt in a Georgia truck accident, the Law Office of S. Mark Mitchell, LLC in Newnan can fight for the compensation you deserve.
Why truck accident cases are more complex
Truck accident claims are very different from standard car accident cases. Commercial trucks are governed by strict federal safety rules and multiple parties may be responsible for the crash, including the driver, the trucking company, the cargo loader or the maintenance provider. These parties and their insurers move quickly to protect themselves, frequently deploying response teams within hours of a collision. Without an experienced personal injury attorney asserting their rights, a victim stands at a definite disadvantage.
Common causes of truck accidents
Most truck accidents can be traced back to preventable safety failures. One of these is driver fatigue—a problem often linked to violations of federal safety rules. Distracted driving is also a major issue, with truckers using phones, dispatch tablets or GPS systems while on the road. Some crashes involve impaired driving due to alcohol, drugs or prescription medications. Other causes can include improperly loaded cargo, mechanical failures attributable to poor maintenance and speeding or aggressive driving. Inadequate driver training can also lead to dangerous mistakes behind the wheel.
How FMCSA regulations affect truck accident cases
The Federal Motor Carrier Safety Administration (FMCSA) places strict safety rules on motor carriers. These include limits on hours of service (HOS), mandatory vehicle inspection schedules, driver qualification standards and cargo securement regulations. When a company breaks FMCSA rules, it can support a plaintiff’s claim by establishing negligence and consequent liability. Proving that one or more violations contributed to a crash often requires obtaining electronic logging device (ELD) data and other “black box” information, GPS records, maintenance logs and inspection reports.
Injuries commonly suffered in truck accidents
Because of the massive size and weight of commercial trucks, the injuries they cause are often severe. Victims may suffer traumatic brain injuries, spinal cord damage, multiple fractures, internal injuries or severe burns. Some crashes result in amputations or permanent disabilities requiring lifelong care. Tragically, many truck accidents are fatal, leaving families to cope with unimaginable loss.
Compensation available in a Georgia truck accident case
If you’ve been injured, you may be entitled to compensation for medical expenses, lost wages, reduced earning capacity and long-term rehabilitation costs. Georgia law also allows recovery for pain and suffering, emotional distress and loss of enjoyment of life.
Wrongful death claims after a fatal truck accident
When a truck accident results in death, Georgia law allows certain family members to pursue compensation against liable parties in a wrongful death action. Specific damages awarded in these cases include loss of income the decedent would have likely earned and loss of companionship, care and services to their family. In addition, the decedent’s estate can bring a survival action to recover damages the decedent would have been entitled to had they lived, such as medical bills accumulated and pain and suffering experienced prior to the victim’s passing.
Georgia’s deadline for filing a truck accident lawsuit
In most cases, Georgia gives victims two years from the date of the accident to file a lawsuit. Claims involving government vehicles may have even shorter deadlines. The statute of limitations for a wrongful death case in Georgia is generally two years from the date of the person’s death. For a survival action, the time period is also two years, but it begins to run on the date of the fatal crash.
Speak with a Georgia truck accident attorney to protect your rights
If you have been hurt, or a family member has been killed, in a Georgia truck accident, the Law Office of S. Mark Mitchell, LLC in Newnan can launch an investigation, preserve critical evidence, identify liable parties and negotiate with insurers on your behalf. To schedule a free consultation, call 470-344-8550 or contact us online.
