Atlanta Trucking Accident Attorney

Trucking accidents are severe, causing devastating damage to vehicles and individuals. Many accident victims are forced to fight large insurance companies while recovering from debilitating injuries.
Our Atlanta trucking accident attorney has the experience, resources, and skills you need to secure the compensation you deserve.

Why Are Trucking Accidents Considered Unique from Other Traffic Collisions?

Trucking accidents are unique compared to other traffic collisions for many reasons:

  • Trucks drive differently than cars
  • Large commercial vehicles weigh significantly more than passenger cars

  • Large tractor-trailers and semi-trucks cause considerably more damage in a crash 

  • Motor vehicle accident dynamics are different and are much more complex 

  • Commercial vehicles are subject to different laws and regulations

  • The standards of safe driving are different

  • Insurance claims are handled differently

A trucking accident cannot be handled like a passenger car wreck. Claimants can be at a great disadvantage without a knowledgeable attorney to help them through the process. 

How Does the Federal Motor Carrier Safety Administration Regulate Large Commercial Trucks?

The Federal Motor Carrier Safety Administration (FMCSA) oversees commercial motor vehicles. Trucking companies and their drivers are required to follow a set of very strict laws and regulations. For example, the following are some of the basic requirements:

  • Hours of service: Truck drivers are only allowed to drive a maximum of 11 hours per 14-hour workday. They are required to take a 10-hour break. In addition, truck drivers must maintain a detailed log of their time. 
  • Distracted driving: Commercial drivers are not allowed to use any type of handheld device. Cell phones, GPS devices, and other gadgets are strictly prohibited, even while stopped in traffic. Some hands-free devices are allowed out of necessity, though they are often used under scrutiny. 
  • Controlled Substances and illegal drugs are prohibited: Drivers are prohibited from taking any controlled substances, even if they are prescribed. They are also prohibited from drinking alcohol or using illegal substances. While this is a given law for passenger car drivers, commercial truck drivers are drug tested regularly to prevent any unlawful acts that may jeopardize the safety of others on the road. 

Special licensing and training: Commercial truck drivers must pass special training to operate such large vehicles. Some tractor-trailers can weigh as much as 80,000 lbs. fully loaded. This can make turning, backing up, and stopping especially difficult. Drivers must obtain a professional CDL license from their home state, proving their capabilities.

Truck drivers spend long hours behind the wheel. A great deal of that time is spent driving through the night. While most commercial truck drivers are safe, any violation of the above rules and regulations can cause a catastrophic crash. 

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How Does Negligence Per Se Factor into Atlanta Trucking Accidents?

Personal injury law holds the responsible party accountable for an intentional or negligent action. The burden of proof is placed on the claimant.
In order to hold a truck driver or trucking company responsible for injuries, the accident victim must prove that they acted negligently.
Negligence can be challenging to establish, requiring the skills of an experienced lawyer to prove all four elements:

  • A duty of care was owed to the claimant, i.e., the accident victim
  • That duty was breached when the plaintiff failed to act with reasonable care
  • The accident victim suffered harm, i.e., damages
  • The failure to act with reasonable care caused the claimant’s injuries

However, Atlanta trucking accidents are different. Truck drivers and trucking companies must adhere to a strict set of regulations set by the FMCSA. If a driver violates said regulations, a trucking accident lawyer can argue “negligence per se.” Under the doctrine of negligence per se, a claimant only needs to prove that a truck driver or company failed to follow one or more of the FMCSA’s rules and regulations.

The most common violations involve the following:

  • Hours of service: How many hours a truck driver can operate their vehicle 

  • Licensing requirements: In general, a driver must earn his CDL A, B, or Class C license to drive a commercial truck 

  • Controlled substances: Driving under the influence of alcohol, drugs, or prescription medication is strictly prohibited

  • Training: Commercial trucks are massive and require specialized training to maneuver safely on the road

  • Physical requirements: The driver must be able to pass a physical exam every other year

At the Asten Hall Firm, our trucking accident lawyer can investigate the driver and the trucking company to prove negligence per se.

How Can a Trucking Accident Lawyer in Atlanta Help?

Truck accident claims are frequently denied. When not, claimants are often offered settlements far below their worth. A trucking accident attorney can protect the rights of claimants and fight for the compensation they deserve. 

Trucking Accident Attorneys Can Protect Critical Evidence From Being Destroyed

Commercial motor vehicles are highly regulated. Trucking companies and drivers are required to keep an array of detailed records, including:

  • Maintenance and repair records

  • Truck driver’s logbooks

  • GPS records

  • Electronic records and the truck’s black box

After a collision, the trucking company or owner of the truck will conduct an investigation. Once complete, the vehicle is usually quickly repaired and put back into service. The majority of critical evidence can be erased in repairs. A trucking accident lawyer can send a demand letter preventing the company from destroying the evidence you need to support your claim. 

There May Be More Than One Liable Party For Your Injuries

Trucking accidents are rarely straightforward. There may be more than one liable party in a negligent trucking accident. While law enforcement will look into the accident, they usually have other priorities that will take precedence.  

Trucking accident lawyers focus on this specific area of vehicular collisions. They are well-equipped to conduct an in-depth investigation to determine all liable parties. In addition, Asten Hall Firm has the means to hold large trucking companies responsible. 

Some potentially liable parties in a truck accident include:

  • The truck driver
  • The trucking company
  • The manufacturer of the truck

  • The owner of the truck, if leased to the company or driver
  • The owner of the truck, if leased to the company or driver

A knowledgeable attorney can assess the details of your accident and help you decide the best course of action to recover your full compensation.  

Trucking Companies Have Large Teams Of Lawyers And Insurance Adjusters

Most commercial vehicles are owned and operated by large trucking companies. They are often equipped with an in-house team of lawyers and insurance adjusters explicitly hired to reduce any settlement payouts. 

Truck insurance companies may use high-pressure techniques to encourage victims to settle quickly. Trucking accident victims may feel intimidated when fighting for their just compensation. Our dedicated legal team will aggressively represent our clients’ best interests.

Contact Our Trucking Accident Attorneys in Atlanta Today

At the Asten Hall Firm, our Atlanta trucking accident lawyers have years of experience helping victims. We understand the devastating injuries and how they impact your day-to-day life. Medical evidence is often complex and requires a knowledgeable lawyer familiar with truck accident injuries.

If you or a loved one have been seriously hurt in a trucking accident, schedule a free consultation today to discuss the details of your unique situation.

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