Georgia Underride Accident Lawyers in Atlanta
Our Truck Wreck Attorneys Demand Justice for Crash Victims
Truck accidents in Georgia often result in serious injuries. And one of the most serious types of truck accidents we deal with at our law firm involves smaller vehicles becoming trapped underneath the trailer part of a tractor-trailer.
These accidents are known as underride accidents. And when they happen, the injuries sustained by the driver or passengers in the vehicle trapped underneath the tractor-trailer can often be severe. Fatalities are common. That's why it's important that injury victims and their families talk to a lawyer as soon as possible after their crash.
Our Atlanta underride accident attorneys know what you're going through. That's because we have dealt with many serious truck accidents throughout Georgia at Gary Martin Hays & Associates. We understand how the legal system works and know what to do to build a strong legal case.
“We had an awesome experience with this law firm. Our settlement was more than expected. Their team was friendly and very informational. Thank you for a great experience.”
– Sandy E.
Google Average Rating: 4.5 stars from 150 reviews
FAQs About Truck Underride Accidents in Georgia
- What is an underride truck accident, and why are these crashes so dangerous?
- Why do underride accidents happen?
- Who can be held liable for an underride accident in Georgia?
- What laws and trucking regulations apply to underride accidents in Atlanta and throughout Georgia?
- How can I prove that a truck driver or trucking company was negligent in an underride accident?
- What types of injuries are common in underride truck accidents?
- What compensation can I recover if I was injured in an underride truck accident?
- Can I file a wrongful death claim if my loved one was killed in an underride accident?
- How long do I have to file a lawsuit after an underride accident in Georgia?
- Are trucking companies required to have underride guards in Georgia?
- Why do insurance companies try to reduce or deny claims after underride accidents?
- How can an Atlanta underride accident lawyer help with my case?
- What if I was partially at fault for the underride accident? Can I still recover compensation?
- How much does it cost to hire a lawyer for an underride truck accident case in Georgia?
- What should I do if the trucking company is pressuring me to settle quickly?
What is an underride truck accident, and why are these crashes so dangerous?
An underride truck accident happens when a smaller vehicle slides underneath a semi-truck, usually because the truck stops suddenly or makes a dangerous maneuver. These crashes are especially deadly on highways like I-25 and I-40, where high speeds increase the severity of impact. Victims often suffer fatal head injuries, traumatic brain injuries, and spinal cord damage because standard safety features like airbags and seat belts provide little protection in an underride crash. Many underride accidents are preventable with proper truck maintenance, reflective markings, and underride guards, but trucking companies often cut corners to save money.
Why do underride accidents happen?
Underride truck accidents happen for many different reasons. In Georgia, some of the most common causes include:
- A tractor-trailer stops suddenly, causing a car to ram into the back of the truck.
- A tractor-trailer's brake lights aren't working, making the car behind unaware that the truck is slowing down.
- Poor truck maintenance, including mechanical problems with the truck.
- Underride guards (designed to prevent underride accidents) were not properly installed, not maintained, or not installed at all.
- Hazardous weather conditions cause a vehicle to lose traction, spin out of control, and slide under the trailer.
- Underride truck accidents happen for many other reasons. Whatever the cause of your crash, we're here for you every step of the way.
Who can be held liable for an underride accident in Georgia?
Underride accidents often result in catastrophic injuries or death, and determining liability is critical for seeking justice and financial recovery. These crashes can involve multiple responsible parties, each playing a role in the negligence that led to the accident. Liability may fall on:
- The Truck Driver: If the truck driver was speeding, distracted, fatigued, or otherwise negligent, they could be held responsible for causing the crash.
- The Trucking Company: Companies that fail to install proper underride guards, improperly train drivers, or encourage unsafe driving practices can be held accountable.
- The Truck Manufacturer: If the truck or its underride guards were defective, the manufacturer may be responsible for the failure that contributed to the accident.
- Third-Party Maintenance Companies: If a company responsible for maintaining the truck failed to inspect or repair necessary safety features, they could be liable.
- Other Negligent Drivers: If another driver’s reckless behavior caused a chain reaction leading to an underride crash, they may be held responsible.
Determining liability requires a thorough investigation. An experienced Georgia underride accident lawyer can help identify all responsible parties, gather evidence, and fight for the full compensation victims deserve.
What laws and trucking regulations apply to underride accidents in Atlanta and throughout Georgia?
Federal and state laws regulate trucking safety, including measures to prevent underride crashes.
These laws establish safety standards that trucking companies and drivers must follow:
- Federal Motor Carrier Safety Administration (FMCSA) Regulations: The FMCSA mandates rear underride guards on most large trucks to help prevent passenger vehicles from sliding underneath.
- Georgia Trucking Laws: Georgia enforces federal trucking laws and adds state-specific rules regarding vehicle inspections, truck weight limits, and driver hours-of-service requirements.
- Underride Guard Standards: While rear underride guards are required, there are no federal mandates for side underride guards, though some states and companies voluntarily install them.
- Negligence Laws in Georgia: Georgia follows a modified comparative negligence rule, meaning victims can recover damages if they are less than 50% at fault for the crash.
Understanding these regulations can be complex, especially when trucking companies try to avoid liability. A lawyer familiar with Atlanta and Georgia trucking laws can help hold negligent parties accountable.
How can I prove that a truck driver or trucking company was negligent in an underride accident?
To build a strong case, proving that negligence caused or contributed to the underride accident is necessary. This often requires extensive evidence and a detailed investigation. Key proof may include:
- Police Reports: Official crash reports can provide documentation of fault, traffic violations, or reckless behavior.
- Truck Driver Logs: Drivers are required to log their hours and rest breaks. Fatigue-related crashes may be linked to violations of hours-of-service regulations.
- Dashcam or Surveillance Footage: Video evidence can show how the accident happened and whether the truck driver was speeding, swerving, or otherwise acting negligently.
- Truck Maintenance Records: Improper truck maintenance or missing underride guards can indicate negligence by the trucking company.
- Witness Statements: Eyewitness accounts can support claims of reckless or distracted driving.
- Black Box Data: Many trucks have event data recorders that capture speed, braking, and driver actions leading up to the crash.
Gathering this evidence can be difficult, especially when trucking companies refuse to cooperate. An experienced underride accident lawyer can demand access to crucial records and work with accident reconstruction experts to prove fault.
What types of injuries are common in underride truck accidents?
Because underride crashes involve smaller vehicles colliding with massive trucks, injuries are often catastrophic. Victims who survive may face life-altering medical conditions that require long-term care. Some of the most common injuries include:
- Traumatic Brain Injuries (TBI): Severe head trauma can cause cognitive impairments, memory loss, and permanent disability.
- Spinal Cord Injuries: Damage to the spinal cord can lead to paralysis or loss of motor function.
- Amputations: The force of an underride accident can result in crushed limbs that require amputation.
- Internal Organ Damage: The impact of a crash can cause internal bleeding or damage to vital organs.
- Broken Bones and Fractures: High-speed crashes can lead to shattered bones, requiring surgeries and lengthy rehabilitation.
- Fatal Injuries: The impact of an underride crash can cause fatal head trauma, severe crushing injuries, or decapitation.
The physical, emotional, and financial toll of these injuries can be overwhelming. Seeking compensation can help cover medical expenses, lost income, and future care needs. An attorney can fight to secure the full recovery victims deserve.
What compensation can I recover if I was injured in an underride truck accident?
Injured victims can seek compensation for medical expenses, lost wages, pain and suffering, and long-term care costs. Since underride accidents often cause life-altering injuries, compensation may include rehabilitation costs, disability accommodations, and future lost income. If the trucking company violated federal safety regulations or failed to maintain its underride guards, victims may also pursue punitive damages. Because trucking companies and insurers try to minimize payouts, an experienced underride accident lawyer can ensure victims recover the full compensation they deserve.
Can I file a wrongful death claim if my loved one was killed in an underride accident?
Yes, if a loved one was killed in an underride truck accident, their spouse, children, or estate representative can file a wrongful death claim. Georgia law allows families to seek compensation for funeral expenses, lost financial support, and the emotional impact of losing a loved one. These cases often involve holding the trucking company accountable for failing to install proper underride guards or for negligent driving. Because wrongful death claims can be complex, an attorney can handle the legal process while families focus on grieving and rebuilding their lives.
How long do I have to file a lawsuit after an underride accident in Georgia?
In Georgia, the statute of limitations for filing a personal injury or wrongful death lawsuit after an underride truck accident is two years from the date of the crash. However, trucking companies often destroy or withhold key evidence, such as black box data and maintenance records, so taking legal action quickly is necessary. If the accident involved a government vehicle, such as a city-owned sanitation truck, the deadline to file a claim could be even shorter. An underride accident attorney can act immediately to secure evidence and ensure the lawsuit is filed before the deadline.
Are trucking companies required to have underride guards in Georgia?
Federal law requires most commercial trucks to have rear underride guards, but side underride guards are not mandatory. While some trucking companies voluntarily install side guards, many do not because they are not legally required and add costs. Underride accidents are especially common on busy freight corridors like I-75 and the Perimeter (I-285), where trucks frequently change lanes and make sudden stops. If a trucking company failed to maintain its underride guards or install available safety features, they could be liable for negligence in an accident claim.
Why do insurance companies try to reduce or deny claims after underride accidents?
Despite the severity of underride crashes, insurance companies often try to minimize payouts. Their goal is to protect their bottom line — not to ensure victims receive fair compensation. They may attempt to:
- Blame the Victim: Insurers may argue that the smaller vehicle was following too closely or driving recklessly, shifting blame to the injured party.
- Claim the Injuries Are Exaggerated: Insurance companies may downplay the severity of injuries to justify lower settlements.
- Delay the Process: Dragging out claims can pressure victims into accepting lower offers due to mounting medical bills.
- Dispute Liability: Trucking companies and insurers may argue over who is responsible, hoping to avoid paying compensation.
Insurance companies have teams of lawyers to protect their interests. Having an experienced underride accident attorney on your side can help level the playing field and ensure you don’t settle for less than you deserve.
How can an Atlanta underride accident lawyer help with my case?
Underride truck accidents involve complex legal and insurance issues, making it smart to have an attorney who understands Georgia trucking laws.
A skilled lawyer can:
- Investigate the Crash: Collect evidence, obtain trucking records, and analyze what led to the accident.
- Identify Liable Parties: Determine whether the truck driver, trucking company, manufacturer, or another party was negligent.
- Negotiate with Insurance Companies: Fight for a settlement that covers medical expenses, lost wages, and pain and suffering.
- Take the Case to Trial If Needed: If insurers refuse a fair settlement, an attorney can build a strong case for court.
Navigating an underride accident claim alone can be overwhelming, especially while recovering from injuries or mourning a loss. A lawyer can handle the legal burden while fighting for the compensation you deserve.
What if I was partially at fault for the underride accident? Can I still recover compensation?
Under Georgia’s modified comparative negligence rule, you can still recover compensation if you were less than 50% at fault for the accident. However, your compensation will be reduced based on your percentage of fault. For example, if you were found 20% at fault for following too closely, but the truck driver was 80% at fault for failing to use hazard lights, your total settlement would be reduced by 20%. Because insurance companies often try to exaggerate a victim’s fault to avoid paying, having a lawyer challenge these claims can be key to maximizing compensation.
How much does it cost to hire a lawyer for an underride truck accident case in Georgia?
Most truck accident lawyers in Georgia, including those handling underride crashes, work on a contingency fee basis, meaning you pay nothing upfront. Instead, the lawyer only gets paid if they win your case, taking a percentage of the settlement or verdict. This arrangement allows victims to pursue justice without worrying about legal fees while recovering from serious injuries. Because trucking companies have aggressive legal teams, hiring an experienced attorney is often the only way to ensure fair compensation.
What should I do if the trucking company is pressuring me to settle quickly?
Trucking companies and their insurers often try to settle underride accident claims as quickly as possible. They may offer a fast payout before victims understand the full extent of their injuries and damages. If you’re being pressured to settle:
- Do Not Accept Any Offers Without Legal Advice: Early settlement offers are often much lower than what victims deserve.
- Do Not Sign Any Documents: Signing a release may prevent you from seeking further compensation later.
- Get a Full Medical Evaluation: Some injuries take time to develop fully, and settling too soon can leave you without coverage for future medical expenses.
- Consult an Underride Accident Attorney: A lawyer can review the offer and determine whether it fairly compensates you for your losses.
Once you accept a settlement, you cannot ask for more compensation later. An experienced underride accident lawyer can ensure the trucking company doesn’t take advantage of you during this difficult time.
How Our Underride Accident Lawyers Help Georgia Families
Evidence builds strong legal cases. Without the facts, it's impossible to obtain the financial compensation you need and deserve after a serious underride truck accident. Insurance companies and trucking companies know this. That's why they get right to work after a crash, in search of information to support their claim - and often to avoid having to pay you.
They don't intimidate us. We know what to look for, what questions to ask, and how to compile such information into a strong, compelling case. We also know how to negotiate with insurance companies and anyone else who stands in your way for justice. And if they refuse to cooperate, we're prepared to take them to court.
We mean business at the Law Offices of Gary Martin Hays & Associates, P.C. Our case results include truck accident recoveries of $21.6 million, $4.2 million, $3.5 million, and more. Find out how we can help you after your underride accident. Contact us right now and schedule your free case evaluation.
Find a location near you