Pulaski County Truck Accident Lawyers
Collisions with commercial trucks often have more severe consequences for smaller vehicles due to the size and weight disparities. That can mean more serious injuries and property damage and the added risk of fatalities. The legal landscape surrounding truck accidents is also different from other auto collisions; with trucking companies, drivers, and insurers often involved, these cases can be more challenging to manage.
The Pulaski County truck accident lawyers at Childers & McCain, LLC understand the specific regulations governing the trucking industry, applicable Georgia laws, and methods for determining liability in these cases. Our team can analyze the details of the accident, gather evidence, and represent your interests; all are key in seeking justice.
What Are the Most Common Causes of Truck Accidents?
Identifying the specific cause of a truck accident is essential for determining liability and pursuing fair compensation. Driver fatigue is a common cause of truck accidents, as long hours on the road can leave drivers tired, making them less attentive and slower to react. Distracted driving from using a mobile phone or adjusting the radio, also poses significant risks.
Impaired driving, whether due to alcohol or drug use, greatly increases the chances of an accident. Poor vehicle maintenance can also play a role, as neglecting regular upkeep or failing to fix mechanical issues can lead to malfunctions; some trucks even have dangerous mechanical defects.
On top of that, unsecured or improperly loaded cargo may cause trucks to become unbalanced, especially if loads shift or exceed weight limits. Lastly, adverse weather conditions like rain, fog, or ice can make roads slippery and increase stopping distances.
Who Can Be Held Liable in a Truck Accident?
Determining liability in a truck accident is often more complicated than in other vehicle collisions. The following parties may be held accountable:
- Truck driver: If the driver was negligent due to fatigue, distracted driving, or driving under the influence, they could be liable for the accident.
- Trucking company: Employers may be responsible if they failed to maintain their vehicles properly, ignored safety regulations, or pressured drivers to meet unrealistic deadlines.
- Vehicle or parts manufacturers: If a defective truck component contributed to the accident, the manufacturer may share liability.
- Cargo loaders: Improperly loaded cargo can cause a truck to become unbalanced or exceed legal weight limits, contributing to accidents.
In some cases, multiple parties may share liability. Our Pulaski County truck accident lawyers complete thorough investigations to determine each party’s level of responsibility.
How Is Compensation Calculated in a Truck Accident Case?
Compensation in truck accident cases is categorized in separate ways. Medical expenses often play a significant role, covering hospital bills, rehabilitation costs, and future medical needs related to the injuries sustained. If the injured person is unable to work, compensation for lost wages may also be considered to account for income missed during the recovery period.
Additionally, property damage compensation can include the costs of repairing or replacing a damaged vehicle and other affected personal belongings. Pain and suffering may also be taken into account, with compensation for physical pain, emotional distress, and a diminished quality of life resulting from the accident.
What Georgia Laws Apply to Truck Accident Cases?
There are specific regulations and general traffic rules in Georgia that might play parts in your case. The Federal Motor Carrier Safety Regulations (FMCSRs) apply to commercial truck operations in Georgia, covering aspects like driver qualifications, hours of service, and vehicle maintenance. Georgia’s own traffic laws also govern speed limits, right-of-way, and other driving behaviors that apply to truck drivers.
It is also important to understand Georgia’s modified comparative negligence rule. Compensation may be reduced based on the claimant’s percentage of fault, as long as it is below 50%. The Peach State also follows a fault-based system for motor vehicle accidents. The person found to be at fault is typically responsible for the injured party’s financial damages; those are often paid by the liable party’s insurer.
The Georgia statute of limitations for personal injury claims does not apply to insurance; it is a deadline that applies to bringing a lawsuit. According to Georgia Code section 9-3-33, you have two years after the accident date to file a suit. That might seem like a long time but it is best to file early; there could be unexpected delays.
What Evidence Is Important in a Truck Accident Case?
The success of a truck accident claim often relies on the quality and quantity of evidence gathered:
- Police reports: Official records that document the accident, including statements from drivers and witnesses.
- Eyewitness statements: Testimonies from individuals who saw the accident can provide valuable insight into what happened.
- Photographs and videos: Visual evidence of the scene, vehicle damage, and injuries can support your claim.
- Electronic Logging Device (ELD) data: Many commercial trucks are equipped with ELDs that track driving hours and vehicle speed.
- Maintenance records: Documentation showing whether the truck involved in the accident was properly maintained.
Our Pulaski County truck accident lawyers know that gathering evidence promptly can help preserve vital information that may otherwise become unavailable.
How Can Pulaski County Truck Accident Lawyers Help My Case?
Childers & McCain, LLC offers valuable legal guidance and representation in truck accident cases, assisting clients through various aspects of the legal process. We can investigate your accident by collecting evidence and interviewing witnesses to develop a persuasive case. We also handle negotiations with insurance companies, advocating for fair compensation and addressing any disputes that may come up.
Our legal team also manages the preparation and submission of legal documents, making certain that all paperwork is completed accurately and filed within the required deadlines. If the case proceeds to trial, our attorneys can represent you in court, presenting arguments and evidence to support your claim.
Our Pulaski County Truck Accident Lawyers at Childers & McCain, LLC Will Fight to Protect Your Rights
The skilled Pulaski County truck accident lawyers at Childers & McCain, LLC will work diligently to pursue the compensation you deserve. Call us today at 478-254-2007 or complete our online form to schedule a free consultation. Our office is located in Macon, Georgia, and we gladly serve clients in Savannah, Albany, Atlanta, Bibb County, Chatham County, Columbus, Crawford County, Oglethorpe, and Peach County.