Damaged truck on the side of the road after an accident

Truck accidents often result in severe injuries and property damage. Many trucks on the road today weigh up to 80,000 pounds when fully loaded with cargo. By contrast, most cars weigh less than 4,000 pounds. If you were injured in a truck accident caused by a negligent truck driver, trucking company, or another entity, you could be entitled to significant compensation. These claims are often more challenging than the average passenger vehicle injury claim. That’s why it’s crucial to hire a Duluth truck accident lawyer with specific experience handling 18-wheeler and other commercial vehicle accident cases.

The truck accident lawyers in Duluth at Brauns Law Accident Injury Lawyers, PC have the knowledge and resources to help you hold the at-fault party accountable for the harm you’ve suffered. Contact our dedicated Duluth personal injury lawyers today to review your case, discuss your options, and learn more about how we can help. Our Duluth truck accident lawyer provides a free, no-risk consultation to all potential clients.

What Are The Most Common Causes of Truck Accidents in Georgia?

Truck accidents happen for a variety of reasons. Negligence is a common factor in many of them. If you were involved in a truck crash caused by negligence, you have the right to pursue compensation from the at-fault party. A Duluth truck accident lawyer can help with your case.

Some of the most common causes of truck crashes include the following:

  • Distracted driving — Distracted driving occurs when a truck driver gets distracted by another activity while operating their vehicle. Common examples of distracted driving include texting, talking on the phone, adjusting the radio, personal grooming, eating and drinking, and more.
  • Drunk driving — Alcohol and drugs can inhibit a truck driver’s ability to concentrate, impair their judgment, and reduce their reaction time.
  • Fatigued driving — Truck drivers work long hours and have strict deadlines they must meet. They may fear they’ll lose their jobs if they fail to make deliveries on time. As a result, truck drivers may work longer than legally permitted. When truck drivers spend too much time behind the wheel, they can easily become fatigued.
  • Reckless driving — Truck drivers will sometimes engage in reckless driving in their rush to get to their destination. Speeding, tailgating, weaving through traffic, unsafe lane changes, and failing to yield are all examples of reckless driving behaviors that can quickly cause an accident.
  • Inclement weather conditions — A truck accident can occur if a truck driver fails to adjust their speed in bad weather. For example, a truck driver could hydroplane on wet roads if they don’t adjust to the weather conditions. Hazardous weather also reduces visibility. This gives truck drivers less time to slow down or stop if needed.
  • Improper cargo loading — Some truck accidents are caused by unsecured cargo. If cargo loaders fail to tie down materials properly, the cargo can shift in the truck’s trailer. This throws off the truck’s center of gravity and can cause a rollover.
  • Mechanical failures — Sometimes, poor truck maintenance or mechanical failures, such as bad brakes, are to blame for a truck accident.

Common Injuries Sustained in Truck Accidents

Truck accidents tend to be among the most devastating traffic-related accidents. Because trucks are so much larger and heavier than passenger vehicles, truck accidents often result in severe, life-altering injuries.

Some of the most common truck accident injuries in Duluth are as follows:

  • Traumatic brain injuries — Traumatic brain injuries (TBIs) usually occur due to a violent blow to the head. TBIs can range from minor concussions to severe, life-threatening brain bleeds. They can also cause psychological symptoms, including memory problems and mood swings.
  • Back and spinal cord injuries — Strains and sprains, fractured vertebrae, and slipped discs are common injuries stemming from truck accidents. If the spinal cord is broken, paralysis can occur.
  • Whiplash — Whiplash occurs when the head and neck jerk violently back and forth during a collision, causing ligaments and muscles in the neck to tear.
  • Broken and fractured bones — Broken and fractured bones can occur anywhere in the body, including the legs, arms, hips, ribs, and wrists.
  • Burns — If a truck accident victim is exposed to toxic chemicals or a vehicle catches fire, they can sustain burns, which can cause permanent disfigurement.
  • Internal injuries — Although they are not always readily apparent, internal injuries are common in truck accidents. Aside from internal bleeding, which is a medical emergency, internal injuries can include ruptured organs and punctured lungs.

If you were injured in a truck accident, you should consult with a Duluth truck accident attorney as soon as possible after the crash. An attorney will be able to handle every aspect of your case for you while you recover.

Who Is Liable in a Georgia Semi-Truck Accident?

Truck accident liability can be incredibly complicated. The unique level of complexity stems from the possibility of multiple at-fault parties involved in a truck accident.

Any of the following parties could potentially be liable for a semi-truck accident:

  • The driver — If the driver was negligent in some way that led to the truck accident, then the driver would be liable. For example, if the driver was texting before the crash, that would be considered negligent behavior.
  • The trucking company — In some cases, the trucking company could be held liable for the truck accident. If they pressured the driver to exceed their hours-of-service limits or failed to perform proper maintenance before the truck accident, they might have contributed to the crash.
  • Maintenance companies — If a third-party maintenance company was charged with performing maintenance and inspections on the truck but failed to do its job, it could be liable for the truck accident.
  • Cargo loaders — Cargo loaders who failed to secure cargo properly could be responsible for a truck accident if the load came loose in transit.
  • Parts manufacturers — If a defective part, such as a bad brake, led to a truck accident, then the manufacturer of that part could potentially be liable.

A full, independent truck accident investigation will be necessary to determine liability and identify all possible sources of compensation. If you were hurt in a truck accident, you shouldn’t try to go it alone. It is vital to hire a Duluth truck accident lawyer to investigate the crash on your behalf and gather evidence to prove liability.

What Are The Most Common Types of Truck Accidents in Duluth, Georgia?

Some of the most common types of semi-truck crashes are:

  • Jackknife accidents — Jackknife truck accidents often occur when a truck suddenly brakes. The cab slows, but the truck’s trailer, which operates on a separate brake system, still has momentum and continues going forward. This causes the cab to form a 90-degree angle with the trailer.
  • Rollover accidents — Rollover truck accidents occur when a truck flips onto its side. This can happen when the driver loses control of the vehicle or the cargo is poorly secured.
  • Rear-end accidents — Rear-end truck accidents occur when a truck hits another vehicle from behind.
  • Underride accidents — Underride truck accidents can happen if a truck suddenly brakes and the motorists traveling behind it don’t have adequate time to stop. As a result, the vehicle in the back can slide underneath the truck. These are among the deadliest of all truck accidents.
  • Head-on collisions — Head-on truck accidents occur when a truck rams into an approaching vehicle. These accidents frequently result in fatalities.
  • Side impact crashes — Commonly called “t-bone” accidents, side-impact crashes can occur when a truck driver makes a left turn and oncoming traffic crashes into the side of the truck.

No matter the type of crash, truck accidents can cause debilitating injuries and extensive vehicular damage.

FMCSA Hours of Service Truck Regulations

The Federal Motor Carrier Safety Administration (FMCSA) has established hours of service regulations that all commercial truck drivers and trucking companies must abide by.

Because truck drivers spend so much time behind the wheel in a sedentary position, they can easily become fatigued if they are overworked. The purpose of the FMCSA’s hours of service regulations is to prevent truck accidents due to driver fatigue.

Some of the basic trucking regulations include the following:

  • Truck drivers can only drive up to 11 hours after taking ten consecutive hours off-duty.
  • Truck drivers are not permitted to drive more than 14 hours after coming on duty. If they are off-duty or take a break at any time during those 14 hours, that doesn’t extend the 14-hour time window.
  • Truck drivers may not drive more than 60 hours within seven days or 70 hours within eight days.
  • Truck drivers can extend both the 11-hour limit and the 14-hour window by two hours if they encounter adverse conditions, such as inclement weather.
  • During the mandated 10-hour off-duty window, drivers can split their off-duty time, as long as one of the off-duty windows is at least 2 hours long and the other includes a minimum of 7 hours in their sleeper berth.
  • When truck drivers fail to follow the established hours of service regulations, they are more likely to cause accidents due to driver fatigue.

Compensation Available for Georgia Truck Accident Victims

If you were injured in an accident that a truck driver or another party caused, you could be eligible to recover compensation.

Depending on the circumstances of your case and the losses you suffered, you might be able to claim compensation for the following:

  • Present and future medical expenses
  • Lost wages if you are unable to return to work while you recover
  • Future lost income if you can no longer carry out the full extent of your job-related duties because of a temporary or permanent disability
  • Property damage caused by the accident, including vehicle repairs
  • Pain and suffering, including physical pain, emotional distress, mental anguish, loss of quality of life, post-traumatic stress disorder (PTSD), and more.

An experienced Duluth truck accident lawyer can help you calculate your financial and non-financial losses and determine the value of your semi-truck accident claim. Having a lawyer on your side when dealing with the insurance company is critical. Insurance companies will use different tactics to minimize or deny your truck accident claim, but a good attorney will know how to circumvent those tactics and fight for a fair amount.

Talk to an Experienced Duluth Truck Accident Lawyer Today

Were you injured in a truck accident that was caused by negligence? If so, contact the knowledgeable Duluth truck accident lawyer at Brauns Law Accident Injury Lawyers, PC today.

We have the resources to thoroughly investigate the truck accident that caused your injuries, collect evidence to support your claim, document your losses, identify the at-fault party or parties, and vigorously fight for your right to compensation. If we cannot secure compensation through settlement talks, we will not hesitate to take your case to court.

Contact us for a free, no-risk consultation.

Who Pays for My Medical Bills After a Semi-Truck Accident?

Our Duluth truck accident lawyer will evaluate your trucking accident case and help you identify the responsible party or parties. Trucking accidents can be complicated, and there may be multiple entities involved. The following scenarios can affect liability in your case.

Your Duluth truck accident lawyer will help you understand who might be liable for the truck accident when you are preparing your case. Consider the following possibilities:

  • Driver error: In many cases, the driver of the truck may be at fault for the accident. It is possible that the driver’s negligence (texting and driving, aggressive driving, etc.) caused the events leading up to the crash. In these cases, the trucking company that employs the driver could be vicariously liable.
  • Industry violations: Sometimes drivers ignore important federal regulations guiding allowable service hours or cargo securement. Driver work logs, cargo containment and tie-down procedures, or truck weight can all become key pieces of evidence in an accident case.
  • Negligent hiring or training: A trucking company could be liable for failing to ensure that its drivers have adequate training and qualifications. Unqualified truckers are a danger to all who share the road.
  • Negligent service and maintenance: If your accident occurred because some important mechanical system of the truck failed (braking system, for example), you might need to focus on the maintenance and service company that worked on the truck or the trucking company as the responsible entity.
  • Manufacturer defects: When a part or component of the truck breaks and causes an accident, the manufacturer of the truck or a specific part might be the liable party. If the part was substandard or faulty, you may be entitled to compensation from the company who made it.

How a Duluth Truck Accident Lawyer Helps Me After an Accident?

To work towards a positive outcome for your semi-truck accident case, Brauns Law Accident Injury Lawyers, PC will provide the following services:

  • Sort through complicated liability issues (partial or full liability) involving truck drivers, trucking companies, vehicle manufacturers, maintenance companies, etc.
  • Identify and retrieve evidence from the accident scene, drivers’ logs, or other necessary reporting.
  • Draft and send a letter of spoliation to the trucking company.

Our Duluth truck accident lawyer fights for your future, not just for your money.

Frequently Asked Questions About Truck Accidents

Large commercial trucks caused 45 fatalities on Georgia’s roads in the last year for which statistics are available, according to the National Highway Traffic Safety Administration (NHTSA). That is far less than the 557 deaths caused by crashes of passenger cars. But in fact, crashes with a large truck can be much more likely to result in deaths and catastrophic injuries than those with a smaller vehicle, simply because trucks are so much larger and heavier.

Here are the answers to some frequently asked questions about truck accidents.

Every type of truck on the road can potentially be involved in an accident. Commercial trucks, however, are what people often mean when they speak of a truck accident. If you are listening to the radio in the morning, for example, and the announcers talk about a truck accident on the road, they are almost certainly referring to an incident with a large commercial truck.

Why? These types of trucks are prone to certain types of accidents that can pose dangers to passing motorists and tie up traffic for miles around. A rollover, for example, can spread a truck across several lanes of traffic. So can a jack-knife, where part of the truck is perpendicular to the other part. Cargo is more prone to spill in incidents like this, and the flying cargo itself can pose a danger to passersby. If the trucks are carrying flammable liquid, the potential danger of fire or chemical spills can be great. So one of the reasons for the radio announcements is to warn motorists to take other routes to avoid the danger—or plan for the delays that can ensue from a truck accident.

The commercial trucks category can include 18-wheeler tractor trailers, tanker trucks, delivery vehicles, and other large freight trucks. Commercial trucks can weigh up to 80,000 pounds. Commercial trucks are often used to deliver products and freight for interstate commerce throughout the country, not just in intrastate driving.

That’s not to say that pick-ups and vans can’t also be commercial vehicles. But they can also simply be private vehicles. Pickups and vans also get into truck accidents in Georgia. According to the NHTSA, for example, pick-ups caused 235 deaths in crashes and vans caused 46. Light utility trucks were responsible for 217 fatalities in traffic accidents.

Any collision with pick-ups, light utility trucks, and vans may do more damage than a passenger car, but they are not likely to do as much damage as an 80,000 pound 18-wheeler. That is roughly 40 times as heavy as a small passenger car.

A major difference between any commercial vehicle and a pick-up or van driven for personal use is the licensing requirement and potential liability in an accident. Let’s discuss those.

Commercial truck drivers must have a valid commercial driver’s license (CDL). Drivers need to obtain a CDL in Georgia if they will be driving a combination of vehicles weighing 26, 001 pounds or more, one vehicle that weights 26, 001 pounds or more, a vehicle that requires a placard of hazardous materials, or a vehicle that will be carrying over 15 people, such as a bus.

Large commercial vehicles can be quite different to drive than smaller vehicles. The CDL is designed to require both knowledge of how to operate the larger vehicles and a skills test that demonstrates the ability to do so. Specific tests are also required for specific types of vehicles (school buses, for example) or transport (such as hazardous materials).

The tests also require drivers to know pertinent information, such as how to check a truck’s load.

If you have been injured in a truck accident in Georgia, liability for any injuries and property damage rests with the at-fault party, which can be a person, a company, or other entity. This is true of any vehicle accident, whether it’s with a truck or not.

However, commercial truck liability can be very complicated to assess. The reason? Multiple parties may bear responsibility for an accident occurring in a commercial truck accident.

If the driver’s actions cause the accident, the driver (via the insurance company) will be liable for your injuries. If the driver is speeding and going too fast to stop at a red light, for example, and runs into you in an intersection, the driver is at fault. You can pursue the driver’s insurance company to pay damages from the accident, such as medical bills for injuries caused by the accident and any wages lost from work the accident caused. You may also pursue a personal injury claim for these damages, and pain and suffering.

But other factors can cause what appears on the surface to be driver error. If commercial trucks are not maintained properly, the brakes or other areas may not work properly. If brake failure was the reason the truck didn’t stop, the truck’s owner, the truck fleet owner, or the company charged with doing periodic inspections, maintenance, and repairs can all be partially or even completely responsible. Federal regulations require commercial truck owners to perform regular inspections, maintenance, and necessary repairs.

In addition, improper loading of the cargo into the truck can cause some truck accidents. It needs to be balanced and secured in very specific, appropriate ways. If it isn’t, the truck can become difficult or even impossible to steer. Unbalanced or too heavy loads can prompt rollovers and jack-knifes, especially if the driver goes too fast or the weather is inclement.

Defective components or defects in truck manufacturing can cause accidents. The manufacturer or maker of the truck and its components can be liable if that’s the case.

Finally, if a truck driver causes an accident and does not have a valid CDL license, the entity responsible for hiring drivers can be partially liable for the accident, because trucking companies have a responsibility to hire qualified drivers.

Because of the potential for multiple at-fault parties (often with different insurance companies), it’s often necessary to investigate the causes of accidents involving large commercial trucks. Law firms often work with investigative teams in such cases.

What should I do after a truck accident in Duluth, GA?

Call David Brauns and the Brauns Law Accident Injury Lawyers, PC team for help. Our team is ready to hear your story and offer legal advice to help you receive the compensation to which you are entitled. For a no cost, no obligation consultation, contact us at 404-418-8244.