Georgia Truck Accident Lawyers Who Handle Complex Cases
Our attorneys hold negligent truckers and trucking companies accountable
Truck accidents in Georgia and surrounding communities account for some of the most serious cases we deal with at Gary Martin Hays & Associates. Truck accidents can happen anywhere, anytime throughout Georgia. You may be driving along Interstate 75 or the Ralph David Abernathy Freeway when you're sideswiped by a fatigued trucker. A distracted driver operating a semi, trash collector, tanker, or another type of large vehicle may rear-end you at a DeKalb Avenue intersection.
No matter how your accident occurred, you may be facing a lifetime of physical, emotional, and financial hardship as a result. Our experienced Georgia truck accident attorneys can help you pursue maximum compensation for your medical expenses, lost wages, and pain. We literally wrote the book on how to handle tractor-trailer wreck claims in Georgia.
“Gary Martin Hays and Sarah Jett did an amazing job with my case. They handled my injury case professionally so I could focus on trying to get better! I would recommend them to anyone! Very pleased with my results!” - James M.
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FAQs About Truck Accidents in Georgia
- What causes truck accidents in Georgia?
- How are truck accident claims different than car accident claims?
- Who can be held liable in a truck accident case in Georgia?
- What steps should be taken immediately after a Georgia truck accident?
- What are common truck accident injuries?
- What types of damages can I recover after a truck accident?
- How long do I have to file a truck accident claim in Georgia?
- What if I was partially at fault for the truck accident? Can I still receive compensation?
- What evidence is needed to build a strong truck accident case?
- How does hiring a Georgia truck accident lawyer increase my chances of winning compensation?
- Can I file a wrongful death claim if I lost a loved one in a truck accident?
- What are the federal regulations that apply to truck drivers and companies, and how do they impact my claim?
- How long does it typically take to resolve a truck accident case in Georgia?
- What if the truck driver was an independent contractor? Does that affect my claim?
- Can I sue a trucking company if their driver caused the accident while on the job?
- How does Gary Martin Hays & Associates help clients maximize their compensation after a truck accident?
What causes truck accidents in Georgia?
Common factors contributing to 18-wheeler accidents in Georgia include distracted driving, speeding, and heavy traffic congestion. Unique factors include the state’s complex highway interchanges, such as "Spaghetti Junction," and frequent road construction, which increases the risk of collisions. Here are some of the most common causes of truck accidents in Georgia and surrounding communities:
- Driver Fatigue: Truckers often drive long hours, leading to exhaustion and impaired judgment.
- Distracted Driving: Texting, phone use, and other distractions are significant contributors to accidents.
- Speeding: Driving too fast for conditions or exceeding speed limits can result in serious collisions.
- Improper Loading: Overloaded or unevenly loaded cargo can cause trucks to lose balance and crash.
- Brake Failures or Mechanical Issues: Poor maintenance can lead to dangerous mechanical failures, including brake malfunctions.
- Reckless Driving: Tailgating, weaving through traffic, or aggressive driving endangers others on the road.
- Driver Inexperience: Inexperienced or improperly trained truck drivers may struggle to handle large commercial vehicles safely.
- Driving Under the Influence: Alcohol or drug impairment severely impacts a driver’s ability to operate a truck.
- Adverse Weather Conditions: Rain, fog, or ice can make driving more dangerous, especially for large trucks.
- Failure to Follow Traffic Laws: Running red lights, ignoring stop signs, or failing to yield can cause serious accidents.
- Failure to Follow Federal Trucking Regulations: Violating rules on driving hours, rest breaks, or maintenance increases the risk of accidents and can point to negligence.
Whatever caused your accident, if you or someone you know was a victim of a truck accident, turn to Gary Martin Hays & Associates. We can help offset the pressure from the trucking company's insurer, which will often send an investigator to the scene within a few hours or even sooner. We can help ensure that evidence is preserved and witnesses identified for input.
How are truck accident claims different than car accident claims?
Accidents involving tractor-trailers differ from car crashes because there's almost always a trucking company involved. These companies can be out of town or even from a different state. Even though these companies are strictly regulated by the federal government, simply trying to contact the company can be difficult, let alone getting a settlement that covers the true cost of your injuries. That's why we're here: to fight diligently to protect the rights of truck accident victims. Common types of truck accidents we handle include:
- Jackknife accidents
- Rollover accidents
- Underride collisions
- Tire blowouts
- Rear-end crashes
- Wide turn accidents
- Blind spot (no-zone) collisions
- Cargo spills or shifting cargo accidents
Each type of accident presents unique challenges, and we are equipped to handle them all to ensure you get the compensation you deserve.
Who can be held liable in a truck accident case in Georgia?
If you were injured or a loved one died in an accident with an 18-wheeler, tractor-trailer, semi-truck, big rig, or other large commercial truck, there may be multiple parties liable for your damages.
Depending on the specific details of your collision, you may be able to recover compensation from:
- The truck driver
- The trucking company
- The shipping company
- The truck manufacturer
- A broker
- A third party (e.g., another driver that may have contributed to the truck wreck)
Serious accidents involving 18-wheelers, semi-trucks, tractor-trailers, big rigs, and other commercial vehicles like concrete trucks are rarely straightforward and often complex.
Any large commercial motor vehicle (CMV) is going to have a high-limit insurance policy, and the trucking companies have teams of attorneys ready to protect their best interests, which means you’re likely in for a fight if you decide to pursue a lawsuit for compensation.
At Gary Martin Hays & Associates, our Georgia truck accident lawyers have the knowledge and experience to help you level the playing field against the trucking company and get you the payout you deserve.
What steps should be taken immediately after a Georgia truck accident?
Getting into a wreck with an 18-wheeler, tractor-trailer, semi-tractor-trailer, big rig, or any other type of large commercial truck can be a frightening experience that leaves you confused and shaken.
If you get into a truck accident, one of the most important things you can do is breathe and attempt to remain calm so you can think about what you need to do next.
Once you have your bearings, you should:
- Call 911. If you, your passengers, or anyone else involved in the accident needs emergency medical attention, let the dispatcher know right away that there’s been a crash and you need an ambulance. Otherwise, tell the dispatcher you were involved in a collision with an 18-wheeler and let them know your location. If it’s safe to do so and your car still drives, move it out of the road and to the shoulder or a nearby parking lot to prevent another collision and keep the flow of traffic moving. Remain at the scene until a police officer arrives to investigate; remember, the police accident report will be a key piece of evidence in your claim.
- Gather Information. Get driver information: the trucker’s name and contact information, what trucking company they work for, their license and insurance information, and any contact information they have for their employers. Get contact information for witnesses, too. Do not talk about the accident with the trucker or anyone else involved in your crash. Anything you say could be used against you.
- Take Plenty Of Pictures. Document the crash scene with pictures and/or video, making sure to show in detail the different angles of the accident, all property damage (especially to the vehicles involved), tire marks, street signs, traffic signals, road hazards, and construction. Be sure to take pictures of the tractor-trailer truck from every angle to avoid missing anything important.
- Write Down Everything You Can Remember. While it’s all still fresh in your mind, write down in detail what you can remember about the truck accident. Include the date, time, location, weather conditions, and anything of note that happened immediately before, during, or after your crash. How was the driver acting after the crash? Did the trucker say anything like “I didn’t see you” or “I’m sorry”? These are important details to note.
- Don’t Talk About Your Crash With Anyone. It’s critical that you do not discuss your truck accident with anyone involved in the crash or post anything about it online, including social media (Facebook, Twitter, Instagram, TikTok, etc.). If you want to fully understand your rights and go over your legal options, you should contact an experienced truck accident lawyer for a free case evaluation before you talk to anyone, especially the insurance company. Anything you say could be used could be used by the truck driver’s insurance company to challenge or deny your claim.
What are common truck accident injuries?
A fully loaded tractor-trailer truck can weigh as much as 80,000 pounds, which means even crashes at lower speeds with cars and other passenger vehicles can result in serious and sometimes fatal injuries.
Some of the most common injuries sustained in truck accidents include:
- Concussions
- Traumatic brain injuries (TBI)
- Fractures and broken bones
- Back and spine injuries
- Spinal cord injuries such as spinal stenosis
- Partial or permanent paralysis
- Burns
- Whiplash and other neck injuries
- Internal bleeding or organ damage (e.g., collapsed lung, ruptured spleen, lacerated kidney)
It’s critical to take any symptoms seriously and get checked out by a doctor right away. Go to the ER, your primary care provider, or an urgent care clinic. You may need diagnostic tests like an MRI or X-ray. Tell the doctor about any symptoms you may have, such as headaches or dull pain. Those seemingly minor problems could be symptoms of a concussion or another serious injury.
What types of damages can I recover after a truck accident?
After a truck accident, you can recover several types of damages to help cover the financial and emotional toll of the crash. These damages are designed to compensate you for both the immediate and long-term effects of the accident. Here’s a breakdown:
- Medical Expenses: Hospital bills, surgeries, rehab, medications, and future medical costs
- Lost Wages: Income you’ve lost due to being unable to work, plus future lost earning capacity
- Pain and Suffering: Compensation for physical pain and emotional distress
- Loss of Consortium: Compensation for the impact on your relationship with a spouse or family
These damages aim to restore your financial stability and help you recover from the physical and emotional hardships caused by the accident. A skilled lawyer can help you pursue the full compensation you deserve.
How long do I have to file a truck accident claim in Georgia?
In Georgia, you generally have two years from the date of the truck accident to file a personal injury claim. This deadline, known as the statute of limitations, also applies to wrongful death claims. If you miss this window, you may lose your right to seek compensation. However, certain factors could affect this timeline:
- Claims against government entities may have shorter deadlines.
- Minors or incapacitated individuals might have extended time to file.
Two years may seem like a lot of time, but for the best chance at recovering maximum compensation, it is best to act quickly to preserve evidence and build a strong case. Therefore, contacting a lawyer as soon as possible is the best way to ensure your claim is filed on time.
What if I was partially at fault for the truck accident? Can I still receive compensation?
You can still receive compensation in Georgia even if you were partially at fault for the truck accident. Georgia follows a modified comparative negligence rule, which means you can recover damages as long as you are less than 50% at fault. However, your compensation will be reduced proportionately by your percentage of fault.
- For example: If you’re found 20% at fault and awarded $100,000, you would receive $80,000 (reduced by 20%).
In Georgia, as long as you’re not 50% or more at fault, you’re eligible to recover compensation. A lawyer can help you navigate this and ensure fault is properly assigned in your case.
What evidence is needed to build a strong truck accident case?
Building a strong truck accident case requires gathering specialized evidence that’s unique to commercial truck accidents. Unlike regular car accidents, truck accidents involve complex factors, and a lawyer experienced in handling these cases knows exactly where to look for this critical information. Here are key pieces of evidence that are especially important in truck accident cases:
- Truck's Black Box Data: Records the truck’s speed, braking, and other crucial details leading up to the crash.
- Driver Logs and Records: Truck drivers are required to follow strict hours-of-service regulations. Logs can show if they were driving beyond their limits.
- Maintenance Records: Poorly maintained trucks can cause accidents. Records of repairs and inspections are vital to prove negligence.
- Dashcam Footage: Many trucks are equipped with cameras that capture the accident from the driver’s point of view.
- GPS and Tracking Data: Shows the truck’s route, speed, and stops, which can help establish liability.
An experienced truck accident lawyer knows how to obtain and analyze this specialized evidence to build a compelling case. Newer or inexperienced lawyers might not even know where to begin or how to properly preserve this evidence, potentially hurting your claim. Having the right lawyer on your side makes all the difference when it comes to maximizing your compensation.
How does hiring a Georgia truck accident lawyer increase my chances of winning compensation?
Hiring a Georgia truck accident lawyer significantly increases your chances of winning compensation, and statistics show that people who consult with a lawyer typically recover more than those who try to handle the claim on their own. Here’s why:
- Extensive Knowledge of Trucking Laws: A truck accident lawyer understands the complex regulations governing trucking companies, including federal laws on hours of service, maintenance standards, and driver qualifications. This highly specialized knowledge can uncover violations that strengthen your case.
- Access to Critical Evidence: An experienced lawyer knows how to gather and preserve crucial evidence like black box data, driver logs, and maintenance records—evidence that could be lost if not requested promptly. Without it, your claim may be weakened.
- Negotiation Power: Insurance companies often try to settle for less than what your case is worth. Lawyers have the experience to negotiate aggressively, ensuring you don’t settle for less than you deserve.
- Maximizing Compensation: Studies show that, on average, people who hire a lawyer recover three times more compensation than those who handle claims themselves. A lawyer will calculate not just your current losses but future medical costs, lost income, pain and suffering, and more.
- Reducing Stress: A lawyer handles the legal complexities, allowing you to focus on recovering from your injuries rather than navigating the confusing world of insurance claims and litigation.
In short, an experienced Georgia truck accident lawyer levels the playing field against trucking companies and their insurers, maximizing your chances of getting the compensation you truly deserve.
Can I file a wrongful death claim if I lost a loved one in a truck accident?
Under Georgia law, certain family members are entitled to seek compensation for the loss of a loved one caused by someone else's negligence or wrongdoing. The individuals who can file a wrongful death claim include the deceased person’s spouse, children (if no spouse), or parents (if no child or spouse). In some cases, an appointed representative of the deceased’s estate can file on behalf of other surviving family members. In a wrongful death claim, you may recover compensation for:
- Loss of income and financial support that the deceased would have provided
- Loss of companionship, care, and guidance
- Medical expenses related to the deceased’s final injuries
- Funeral and burial costs
- Pain and suffering endured by your loved one before passing
In Georgia, the statute of limitations to file a wrongful death claim is typically two years from the date of death. Acting quickly ensures evidence is preserved and your case is built thoroughly, so it's crucial to consult with an experienced truck accident lawyer who understands wrongful death claims to help guide you through the process.
What are the federal regulations that apply to truck drivers and companies, and how do they impact my claim?
Federal regulations play a huge role in truck accident claims because they set safety standards for truck drivers and companies. Violations of these rules can strengthen your case by proving negligence. The Federal Motor Carrier Safety Administration (FMCSA) enforces these regulations, and they cover various aspects of trucking operations. Key federal regulations that may apply to your injury claim include:
- Hours of Service (HOS) Rules: Limits how long truck drivers can drive without rest. Exceeding these limits can lead to fatigue-related accidents.
- Vehicle Maintenance Standards: Trucks must undergo regular inspections and repairs. Failure to maintain a truck properly can result in mechanical failures.
- Driver Qualification Requirements: Drivers must hold a commercial driver’s license (CDL) and meet specific physical and skill-based standards.
- Alcohol and Drug Testing: Truck drivers are subject to strict alcohol and drug testing rules to ensure safety on the road.
If the truck driver or company violated any of these regulations, it can directly impact your claim by proving negligence or recklessness. For example, if a driver exceeded the allowed hours of service and caused the crash, that violation can be used to hold the company or driver accountable. An experienced truck accident lawyer will know how to uncover these violations and use them to strengthen your case, increasing your chances of winning compensation.
How long does it typically take to resolve a truck accident case in Georgia?
The time it takes to resolve a truck accident case in Georgia can vary widely, but typically, it takes anywhere from a few months to several years, depending on the complexity of the case. Here are some factors that affect the timeline:
- Severity of Injuries: Cases involving severe injuries or long-term medical treatment may take longer, as the full extent of damages needs to be determined.
- Liability Disputes: If fault is contested or multiple parties are involved (such as the trucking company, driver, or manufacturer), it can take longer to resolve.
- Negotiations vs. Trial: Many cases are settled out of court, which can speed up the process. However, if the case goes to trial, it may extend the timeline significantly.
- Insurance Company Tactics: Insurance companies may delay proceedings in an attempt to settle for less, adding time to the resolution.
On average, cases can take anywhere from 6 months to 2 years, depending on these factors. Consulting with an experienced truck accident lawyer can help streamline the process and ensure you get the compensation you deserve as efficiently as possible.
What if the truck driver was an independent contractor? Does that affect my claim?
In Georgia, if the truck driver was an independent contractor, it can complicate your claim but doesn't prevent you from seeking compensation. While trucking companies may try to avoid liability, they can still be held accountable if they controlled the driver’s work or were negligent in hiring or supervising. Independent contractors typically have their own insurance, so your claim might target their policy instead of the company's, which could affect the amount of compensation available. An experienced truck accident attorney can help you navigate these complexities and pursue all responsible parties for damages.
Can I sue a trucking company if their driver caused the accident while on the job?
You can sue a trucking company if their driver caused the accident while on the job. In Georgia, trucking companies are typically responsible for the actions of their employees under a legal principle called vicarious liability. If the driver was acting within the scope of their employment when the accident occurred, the company could be held liable for any negligence that led to the crash.
Additionally, if the trucking company was negligent in hiring, training, or supervising the driver or failed to maintain the vehicle properly, you may have grounds to sue the company directly. An experienced truck accident lawyer can investigate and determine if the company shares liability, helping you maximize your compensation.
How does Gary Martin Hays & Associates help clients maximize their compensation after a truck accident?
Gary Martin Hays & Associates helps clients maximize their compensation after a truck accident by using a strategic, thorough approach that covers all aspects of a claim, ensuring that nothing is overlooked. Here’s how they do it and why each step matters:
- Investigating the Accident Thoroughly: The firm conducts an in-depth investigation to collect critical evidence like black box data, driver logs, and maintenance records. This matters because truck accidents often involve complex factors that need to be proven, such as driver fatigue or vehicle defects, which can significantly increase the value of your claim.
- Identifying All Liable Parties: Truck accidents can involve multiple responsible parties, including the driver, the trucking company, and even the manufacturer of the truck. Identifying all liable parties matters because it ensures you can pursue compensation from all available sources, maximizing your recovery.
- Negotiating Aggressively with Insurers: Gary Martin Hays & Associates knows how insurance companies operate and won’t accept lowball offers. They aggressively negotiate on your behalf, which matters because insurance companies often try to settle for less than what your case is worth, and having experienced negotiators ensures you get what you deserve.
- Working with Medical Experts: The firm partners with medical professionals to fully understand the extent of your injuries and future treatment needs. This is crucial because accurately assessing long-term medical costs, including rehabilitation and ongoing care, ensures you receive compensation that covers not just immediate bills but future expenses as well.
- Fighting for Non-Economic Damages: In addition to economic damages like medical bills and lost wages, the firm fights for non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. These factors matter because they recognize the full impact the accident has had on your life beyond just financial losses.
- Taking the Case to Trial if Necessary: If a fair settlement cannot be reached, Gary Martin Hays & Associates is ready to take your case to court. This matters because a strong willingness to go to trial gives you leverage in negotiations and ensures that the trucking company and its insurers take your claim seriously.
By employing this comprehensive approach, Gary Martin Hays & Associates ensures that every possible avenue is pursued to maximize your compensation and help you rebuild your life after a truck accident.
Attorneys Gary Martin Hays & Sarah Jett Wrote the Top Book on Tractor-Trailer Wreck Claims
Few people walk away unscathed after a truck accident. Knowing how complicated — emotionally and financially — such cases can be, Attorney Hays and Attorney Jett created a straightforward resource for injured victims and families looking for answers about their most important questions in the aftermath.
The Authority on Tractor-Trailer Wreck Claims in Georgia
Many people suffer debilitating injuries after a truck accident. These disabilities will follow them for the rest of their lives and require continual care and maintenance. In tragic cases, a loved one is lost, and the family is left seeking answers.
Attorney Hays covers multiple accident scenarios and dives deep in the multitude of avenues his team considers and investigates in pursuit of full compensation for the losses suffered.
If you hire Gary Martin Hays & Associates, you'll receive a physical copy along with a personalized step-by-step plan of action to protect your rights. Download a digital copy for free, along with several other books on topics such as personal injury and wrongful death.
Contact an experienced truck accident attorney in Georgia today
No matter what type of injury you’re dealing with, it’s critical that you know your rights and understand your legal options. Your injury may require surgery, chiropractic treatment, or other costly medical treatment. You shouldn’t be stuck with the bill.
Whether you were seriously injured or a loved one died in a fatal crash with an 18-wheeler, tractor-trailer, semi-truck, big rig, large utility vehicle, or other commercial vehicle, a Georgia truck accident lawyer from Gary Martin Hays & Associates can help you get the compensation you deserve.
It's important to know the facts about personal injury law. Rely on a knowledgeable, experienced truck accident attorney at Gary Martin Hays & Associates. We are a resource you can turn to with any question or concern about your rights to compensation in a truck accident injury case. Contact us today to begin your path to justice. Call 1-800-898-HAYS.
"Gary Martin Hayes & Associates has truly been a blessing to us. My daughter was hit by a 18 wheeler and we immediately started getting calls from so many attorneys. We decided to go with them and it was the best decision of our life." - Shaun McGee
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