Truck Accident Attorneys in Griffin, Georgia
Even if you’ve never been in a serious car accident yourself, you likely know someone who has. Injuries and damages resulting from vehicle crashes can be severe—but a trucking accident can be even worse. Accidents involving 18-wheelers can often result in more extensive property damage, significant personal injury, and even death.
If you or someone you love has recently been in a semi-truck accident and you’d like to learn more about your options for pursuing compensation, reach out to The Harding Law Firm, LLC. As personal injury attorneys, the team is proud to serve individuals in Griffin, Georgia and throughout Spalding County, Butts County, Monroe County, Lamar County, and Henry County. Set up a consultation today.
Laws Affecting Truck Accidents
Because semi-trucks are so much larger and heavier than passenger vehicles, they are subject to stricter laws—both at the state and federal levels.
These regulations cover everything from how much cargo the trucks can carry to how and when the drivers can operate them. These laws are specific to trucks, which means that whenever you’re seeking a personal injury claim, it’s essential you work with an attorney who has experience with these cases and detailed knowledge of the laws involved in a commercial truck accident.
Below are a few examples of how these laws could affect your case:
Federal Motor Carrier Safety Regulations: The Federal Motor Carrier Safety Administration (FMCSA) is responsible for setting nationwide laws pertaining to commercial trucking. These regulations are intended to increase safety and reduce accidents. Some of the most important of these have to do with how many hours truck drivers can work within a certain time frame and how much time they have to take off between shifts.
For example, most truck drivers can’t have shifts that last longer than 14 hours and within this time period, they’re not permitted to drive more than 11 hours in a row. They are then required to be off work for at least 10 hours before beginning another shift. There are also regulations on how many consecutive days a driver can work. A driver must have time off if they’ve been working for seven consecutive days (or 60 hours).
Georgia Regulations: Each state also sets its own laws regarding commercial trucking. Georgia enforces many of the same regulations put out by the FMCSA but also adds their own provisions. Some of these include requiring all truck drivers to complete a Department of Transportation (DOT) physical examination each year, perform pre- and post-trip safety inspections, and obtain their commercial driver's license. Additionally, all truck drivers are prohibited from using radar detectors.
Hurt in a Truck Wreck?
CONTACT AN ATTORNEYAssessing Liability
Determining liability in an 18-wheeler accident can be much more difficult than in a passenger vehicle collision. It’s always in your best interest to work with a truck accident attorney to ensure you’ve thoroughly evaluated your case.
Who can be liable?
Truck driver: In many cases, the driver themselves can be held at fault for an accident occurring if you can show it was their actions that led to the crash.
Truck company: The trucking company can also be held liable if you can show they neglected to follow regulations (for example, if they forced a driver to work more hours than the FMCSA allows).
Truck or parts manufacturer: If the accident was caused due to a defective part, it wouldn’t be the fault of the driver or the company that employs them. Rather, the company that produced the faulty part may be to blame.
The person who loaded the cargo: A properly loaded container is crucial to ensuring safety on the road. If a load is imbalanced, it can cause the truck to tip over when taking a turn. In this case, fault would lie with the person who loaded the truck.
Maintenance personnel: Lastly, if the truck was recently inspected and maintenance personnel failed to catch an issue or ignored a known issue, they could be found legally liable for the accident.
Factors in Determining Liability
Truck Driver: Possible factors that could contribute to a driver’s liability could include fatigue, inadequate training, or inattentive driving.
Vehicle Driver: If a passenger vehicle was involved in the accident, it could be this driver who is held responsible for actions such as failing to signal a lane change or not giving adequate room to a semi-truck.
Road Conditions: There are also cases where no one individual is at fault. Instead, the accident could have been caused by poor road conditions. This could be due to deteriorating roadways, weather, or anything similar.
Filing a Personal Injury Claim
If you’re interested in filing a lawsuit or wrongful death claim, you should always work with a personal injury attorney. In Georgia, you have two years from the date of the accident to bring forward a personal injury claim or a wrongful death claim. In both cases, you’ll need to provide adequate evidence to prove fault lies with the other party. If you’re filing on behalf of a loved one who lost their life, this generally must be done by the surviving spouse or an immediate family member. Again, it’s vital to turn to an experienced attorney for guidance.
Truck Accident Attorneys in Griffin, Georgia
No one should have to go through a truck wreck alone. If you’re in the Griffin area and would like to speak with a qualified attorney about a recent truck accident, reach out to The Harding Law Firm, LLC to schedule a consultation.