Georgia Truck Accident Cases Are More Complex Than Car Crash Claims
Truck accidents can cause devastating injuries, overwhelming medical bills, and lasting life changes. These cases can also be more complex than typical car accident claims. Truck crashes often involve specialized evidence, federal and state regulations, commercial insurance policies, and multiple parties that may share responsibility. Trucking companies hold important records.
Our Atlanta truck accident lawyers at Hodgins & Kiber understand the challenges these cases can present. We can investigate what happened, gather critical evidence, and pursue the compensation you may be entitled to under Georgia law.
In this blog, we’ll explain the key differences between truck and car accident cases, including the evidence and regulations involved, potential sources of responsibility, and the legal strategies an attorney may use to build your case and fight for your rights.
Truck Crashes Often Cause Worse Injuries Than Car Wrecks
Commercial trucks are much larger and heavier than passenger vehicles, so crashes often cause catastrophic injuries that require emergency treatment, surgery, rehabilitation, and long-term care.
Common injuries from truck crashes include:
- Traumatic brain injuries: A blow or sudden movement can cause concussions and more serious brain injuries.
- Spinal cord injuries: Damage to the spine can result in fractures, nerve damage, or paralysis.
- Broken bones: Collision force can cause fractures in the arms, legs, ribs, and other parts of the body.
- Internal injuries: Organ damage and internal bleeding may require immediate medical treatment.
- Severe lacerations: Broken glass and crushed vehicle parts can cause deep cuts and permanent scarring.
Truck Accident Cases Involve Technical Evidence
Truck accident cases often depend on evidence that does not exist in a typical car accident case. Important information may come from the truck itself, the driver, the trucking company, and other businesses involved in operating the vehicle. Preserving this evidence quickly can help establish what happened and whether safety rules were followed.
Black Box Data
Many commercial trucks have electronic control modules or other systems that record information about the vehicle before and during a crash. This black box data may include speed, braking, engine activity, and other operational details.
An attorney can obtain and analyze this information to help determine how the crash happened. Black box data can also be used to compare the truck’s recorded activity with the driver’s statements, crash reports, photographs, and other evidence.
Driver, Maintenance, and Cargo Records
Truck accident investigations may also involve the driver’s commercial driving history, qualification files, and drug and alcohol testing records. Hours-of-service logs can show how long a driver was on the road before the crash and whether the driver took required rest periods.
Maintenance records may reveal whether the truck was properly inspected and repaired. Cargo records can reveal how the vehicle was loaded and whether the cargo was secured properly.
FMCSA Regulations in Truck Accident Claims
Federal regulations play an important role in commercial trucking. The Federal Motor Carrier Safety Administration (FMCSA) sets safety standards for drivers and trucking companies. Evidence that a driver or company violated these rules may help establish negligence and support an injury claim.
Hours of Service Regulations
Hours of Service (HOS) regulations limit how long commercial truck drivers can operate their vehicles without required rest. These rules are designed to reduce fatigued-driving crashes. Records showing that a driver exceeded permitted driving or on-duty hours may provide important evidence in a truck accident case.
Our attorneys review electronic logging device data, logbooks, and other records to determine whether the driver followed HOS requirements before the crash.
Other Federal Safety Rules
FMCSA regulations cover many aspects of commercial trucking operations, not just driver hours. Depending on the circumstances of a crash, an attorney may investigate whether the driver, trucking company, or another party complied with applicable safety requirements.
FMCSA safety rules cover:
- Driver qualifications and licensing
- Drug and alcohol testing
- Vehicle inspection and maintenance
- Cargo loading and securement
- Safe driving practices
- Recordkeeping and safety management
Several Parties May Be Responsible for Truck Collisions
Commercial truck accidents can involve several individuals or businesses. The driver may have made an unsafe decision, but the trucking company, maintenance provider, cargo loader, manufacturer, or another party may also have contributed to the crash. Identifying every potentially responsible party can be an important part of investigating your case.
When the Truck Driver May Be At Fault
A truck driver may be responsible when their actions contributed to the crash. Examples can include speeding, distracted driving, driving while impaired, failing to follow traffic laws, or violating hours-of-service requirements. Evidence such as driver logs, electronic data, testing records, witness statements, and the crash report can help establish what the driver did before the collision.
When a Trucking Company May Be Responsible
In many cases, a truck company is legally responsible if an employee was negligent and caused a crash while doing his/her job. A trucking company may also be responsible for its own actions, such as hiring an unqualified driver, inadequate training, ignoring safety violations, or neglecting vehicle maintenance.
Company records can help determine whether unsafe practices played a role in the accident.
Others Who May Be at Fault
Other businesses or government entities may also have contributed to a commercial truck accident. Our attorneys look beyond the driver and trucking company when investigating.
- Cargo loading company: A company that improperly loads or secures cargo may contribute to a crash by allowing cargo to shift, fall, or affect the truck’s stability.
- Truck or parts manufacturer: A manufacturer may be responsible when a defective truck component contributes to the accident.
- Maintenance contractor: A company hired to inspect or repair the truck may be responsible if negligent work leaves a dangerous mechanical problem unresolved.
- Government agencies: A government entity may be responsible when dangerous road conditions, defective roadway design, or inadequate maintenance lead to a crash.
How Our Atlanta Truck Accident Lawyers Fight for You
Our Atlanta truck accident lawyers at Hodgins & Kiber can handle the legal process while you focus on your recovery. We investigate the crash, identify potentially responsible parties, document your losses, and pursue the compensation available under Georgia law.
Investigating the Crash
Our truck accident lawyers will conduct a thorough investigation. This may include reviewing crash reports, black box data, driver logs, vehicle maintenance records, cargo records, and witness statements. We may also work with accident reconstruction specialists in complex cases.
Our focus is to build a strong case and identify everyone who shares responsibility for the collision.
Calculating Your Damages
Truck accidents can cause losses that extend far beyond the initial medical bills. Our lawyers can review your medical records, employment information, and other documentation to understand how your injuries have affected your life and finances.
Depending on the circumstances, you may be able to seek compensation for:
- Medical expenses: Past and future costs related to treatment and rehabilitation.
- Lost income: Wages you lost while recovering from your injuries.
- Reduced earning capacity: Income you may be unable to earn because of lasting limitations.
- Pain and suffering: Physical pain and emotional distress caused by your injuries.
Settlement Negotiations and Filing a Lawsuit
Our lawyers handle negotiations with the insurance companies. If the other side does not offer fair compensation, we can file a personal injury lawsuit. Our attorneys can prepare your case for court, handle the legal proceedings, and advocate for your interests throughout the process.
Contact Hodgins & Kiber Today for a Free Case Review
If you were injured in a truck accident in Georgia, you do not have to face the complex legal process alone. Our legal team at Hodgins & Kiber can fight for the compensation you deserve. Our truck accident lawyers work on a contingency fee basis, meaning you pay no attorney’s fees unless we win your case.
Contact us today or call (404) 975-1467 for a free consultation.
