In metro Atlanta Georgia and on many other interstate highways across Georgia, the post-COVID years have been deadly car crash cases with semi-trucks. An increased number of commercial truck accident cases have been registered, along with the normal crashes between non-commercial vehicles.
One factor is the boost in over-the-road transport of goods, but the other is that our lawyers for trucking crashes have seen an overall increase in average interstate highway speed. By the end of 2024, there will be over 300,000,000 motor vehicles registered in the United States, of all types.
Although a small fraction of the TOTAL NUMBER of vehicles traversing our roadways (5%), commercial vehicles account for 10% of all highway miles driven. Today, for all fatal highway deaths, those involving commercial motor vehicle represent about one of every eight deaths in the Peach State, from highway collisions, but some of the deaths also include the commercial truck operator.
About twelve percent of all fatal roadway crashes in Georgia involve large commercial trucks, leading to severe injuries for thousands annually. Attorney McArthur is one of the most experienced Atlanta truck accident attorneys, with over 44 years of experience.
In addition, since the commercial truck insurance companies all know her firm’s track record for winning, and being willing to take ANY case to trial, she is able to obtain top case settlements and (if needed) trial victories.
So, if you or a loved one has been killed or seriously injured in a trucking accident ANYWHERE in America, the McArthur Law Firm is confident in their litigation prowess against truck company law firms.
What Are Truck Drivers’ Responsibilities Toward Safety?
In Georgia, victims of traffic accidents can sue negligent drivers, including truck drivers. Truck drivers must comply with both state and federal traffic laws, which include limits on driving hours. However, violations of these rules, such as driving for too long, are common.
These regulations (written and updated periodically by the Federal Motor Carrier Safety Administration or “FMCSA”) mandate regular functionality checks of crucial components of a truck’s safety equipment, such as brakes and steering, and the correct weight distribution and securing of cargo, all done for highway safety reasons.
In addition, the National Highway Traffic Safety Administration, or N.H.T.S.A., is a federal highway traffic safety agency operating within the federal DOT (Department of Transportation). This agency performs somewhat similar duties to the FMCSA’s mandate, but for non-commercial vehicles, which are not as heavy as the commercial class vehicles.
Federal law mandates all heavy trucks to carry liability insurance with minimum limits that will vary, depending on the cargo load type, and the vehicle’s expected driving activities (e.g., crossing state lines and driving through multiple jurisdictions). Current federal highway regulations call for any motor carrier that is transporting cargo or property presently require liability insurance of $750,000 or higher limits.
Additionally, for commercial vehicles carrying hazardous materials, the minimum commercial vehicle 2024 liability limit amount of coverage has to be one million dollars ($1,000,000). Certain higher weight tractor trailers for certain hazardous materials tankers or transports must carry at least $5 million dollars in coverage, due to the more dangerous consequences that are likely in any accident cases with larger loads.
What qualifies as a “commercial motor vehicle?” The above stated restrictions are applicable to trucks with a gross vehicle weight rating, also known as “GVWR”, of 10,001 pounds or above.
Truck Crash Lawyers & Personal Injury Attorneys
When consulting with a truck crash lawyer about a truck accident, provide details about the incident and its aftermath. Based on this information, the attorney will determine if you can pursue an insurance or legal claim.
A lawyer’s assistance isn’t limited to just one service. Here are several other tasks an attorney from McArthur Law Firm can perform for you:
- Assisting in recognizing your damages
- Estimating the worth of your claim
- Recording your damages, including for pain and suffering
- Research lawyers before hiring the best candidate for your highly important case.
- Gathering proof to establish liability through measurements, use of drones, etc.
- Submitting the required legal documents to lodge a claim
- Discussing terms with the opposing party, insurance firms, or insurance adjusters on your behalf
- Advocating for your claim in court
- Bolstering your case with expert opinions and witnesses
When you are injured in a crash in Atlanta or any of the many suburbs like Sandy Springs, Marietta, College Park, Conyers, Douglasville, or Alpharetta, (or any other city in Georgia), you make certain that the injury attorney near me can handle all aspects of your litigation.
Because experience is the best credential when it comes to hiring a truck accident lawyer, Kathy McArthur’s 44 plus years in civil litigation is in the top 1% of the best legal warriors in the Peach State as a personal injury attorney. She knows all of the “ins and outs” of investigating, preparing, and winning your all-important case.
You’ll need to research potential lawyers before you hire the right one for your case. Once you call the McArthur Law Firm, you will know that these injury lawyers are very serious about doing things right. This starts with special, focused, immediate attention to issues like:
Offering FREE Consultations to those who have suffered serious injury and believe another party (or several other parties) were either 100% at fault or were MORE AT FAULT than our potential client. Georgia laws allow the “least negligent” person or persons in highway crashes to recover in civil court litigation.
How to Locate the Right Truck Wreck Lawyer for Your Case
When hiring a truck accident law firm, it is important to find one that specializes in personal injury claims, particularly car or truck accidents. It is also beneficial to choose a lawyer who is familiar with the local courts and court workers.
To find a good lawyer, review their past case results and reviews. Make sure their total recoveries have reached multiple hundreds of millions or more for their clients. If they meet your expectations, schedule a consultation to learn more about them before deciding.
Understanding Trucker Insurance Companies and Deadly Accident Claims
Before hiring a lawyer, people usually contact their car insurance company after an accident. However, relying solely on insurance can lead to complications.
A primary factor contributing to the complexity of your claim is the potential reluctance of your insurance company to settle it. Firstly, claims related to trucking accidents are typically costly due to the significant losses incurred.
Secondly, the truck driver or another party may be responsible for the accident. In such scenarios, your insurance firm may refuse to accept liability and instead suggest you pursue a claim with another insurance provider.
Types of Insurance Policies Involved in a Truck Accident Claim
Are you curious about which other insurance providers might be able to handle your claim? You’re not alone. Many people only think about the dollar limits of various types of coverage provided by their personal car insurance after an accident, overlooking the fact that the truck driver, the trucking firm, and possible several others should also have their own liability insurance policies.
Therefore, determining who is responsible for the accident is crucial. Depending on the circumstances, the following insurance policies might be relevant:
- Your personal no-fault auto insurance policy
- The insurance policy of the truck driver
- The insurance policy of a third party or responsible driver
- The insurance policy of the truck driver’s employer
- The insurance of the truck manufacturer
- The insurance of the company that loaded the truck.
- The insurance policy of a city or state government
You can submit a claim under the insurance policy that ought to bear liability, but you cannot receive compensation exceeding your actual loss.
Steps to Submit an Injury Claim to an Insurance Firm
When filing an injury claim with an insurance company, you need to do a few things. First, find your insurance policies. Next, gather evidence of your injuries and the medical care you received. Finally, make sure to include information about any potential future healthcare expenses.
Subsequently, you need to demonstrate negligence by establishing that the insured party was accountable for your trucking mishap. Regardless of whether that party is the truck driver, the trucking firm, or another entity, it’s crucial to prove that they neglected their obligation to ensure your safety.
Let our personal injury lawyers near me in the metro counties compile the evidence to support your case, then demand the policy limits from the at-fault parties. When needed, we also will file court paperwork, have the Sheriff serve the Complaint, and litigate your case against attorneys supplied by the trucking company’s insurance provider.
Kathy McArthur, a trial attorney in Georgia since 1980, has helped dozens of clients injured in trucking crash accidents or wrongful death actions. She was named as one of 10 Georgia attorneys, plus was selected to be Super Lawyers Magazine’s cover story attorney for all of Georgia in 2024.
Now in her 45th Year, Mrs. McArthur has fought for what her clients’ accident cases were “worth,” in terms of compensation. deserve. For decades, she has advised all clients to be ready to ask for a trial by jury, when trucking insurance companies undervalue the claim. All civil litigation attorneys at McArthur Law Firm have been trained to ensure that they not settle any case where an unfair amount of compensation is offered.
Tips for Negotiating an Accident Settlement with an Insurance Company
To secure a favorable settlement from the insurance firm, it is important to outline and present a strong case detailing your injuries, your financial losses, and damages, otherwise the opposing party will have the advantage. Our accident lawyers in Atlanta can provide unsurpassed support, service and (most importantly) obtain RESULTS as well as any other Atlanta truck accident lawyer.
Many have been in a trucking accident in Fulton County, DeKalb County, Gwinnett County or Cobb County, because these are Georgia’s 4 most populous counties. The contiguous counties outside of the Atlanta metro area have a similar population and more roadways than these 4 counties. So, in these 19 metro counties, over half of Georgia’s
It is recommended to hire a local lawyer to handle negotiations with the insurance company. If necessary, take legal action to recover what you have lost, which can be personal or physical (or financial) or all three.
What to Do When Your Losses Exceed Your Policy Limits
If negotiations fail to reach a satisfactory compensation amount, it is crucial to seek legal advice. Consult a truck accident attorney at one of our law office locations, or we can connect virtually, through ZOOM or Google Meet to determine if filing a lawsuit is appropriate.
Types of Injuries After a Truck Accident
The magnitude and heaviness of large trucks can result in extremely severe or even deadly injuries when a collision occurs. The following are some of the most frequent injuries sustained in truck accidents:
- Internal organ damage or damage to a knee, a shoulder, or your neck.
- Cranial injuries including TBI (traumatic brain injury) damage.
- Unsightly cuts or scarring
- Breaks, pulls, and twists.
- Bone fractures or dislocations from joints
- Possible spinal damage or compression from the abrupt restraint action of a seat belt during a crash.
- Injuries to the spinal cord, neck, or skull fractures
- Burn injuries or abrasions from road rash.
- Damage to your sternum, thoracic area or fractured or sprained ribs.
- Lower back pain or sciatica after a rear end impact by a negligent driver
Generally, the seriousness of your injuries will determine if you require the assistance of an attorney. If your accident took place in Georgia, a lawyer specializing in truck accidents can assist you in assessing the gravity of your losses against the expenses of pursuing a claim.
When a Trucking Company Undervalues the Right Settlement Amount for their Drivers’ Accident Liability
If you do a lot of highway driving, you might have noticed the bright, yellow-colored DHL trucks on the freeways. DHL is a global company that ships and delivers goods globally. They use trucks for transportation (usually offloading from shipping yards), but accidents involving trucks often involve fighting the attorneys at the legal department of the motor carrier.
DHL’s lawyers and insurance adjusters are aggressive in minimizing their offers to settle. In these important cases, unless you take their low offer, you need a trucking injury lawyer to help you. Our firm will also take ANY death or grievous injury from any STATE if our expertise is needed, not just for a fatal semi accident in the State of Georgia.
Understanding Different Types of Commercial Driver Negligence
The primary reason for trucking mishaps is driver carelessness. Legally, carelessness is described as a failure to fulfill one’s legal responsibility to ensure the safety of others. In Dalton, Augusta, Columbus, Atlanta or Valdosta, anyone who takes the driver’s seat automatically takes on a legal obligation to ensure the safety of other drivers and pedestrians.
Here are some common types of CDL operator carelessness:
- Driving while distracted
- Sending texts while driving
- Driving while tired
- Consuming food or drink, smoking, or listening to music while driving.
- Driving under the influence
- Driving recklessly
- Exceeding speed limits
If a truck driver’s carelessness leads to an accident, they may be held responsible, or their insurance provider’s policy, or the company that employed the truck driver may be liable.
The Impact of Adverse Weather Conditions
One of the frequent reasons for trucking mishaps is unfavorable weather. Truck drivers are often required to continue their cargo transportation regardless of the weather conditions, which means they inevitably encounter rain, snow, ice, lightning, and even severe storms over time. Such weather conditions can affect a driver’s visibility, road grip, and more.
Was the Crash Caused Due to Mechanical Failure or Component Defect?
Mechanical failures of modules or components while on the move can also cause truck accidents. Defective airbags with shards of metal being propelled out into a driver is one example.
But, if weather conditions (like heavy rainfall) lead to a fatal crash, these cases usually are identified as being “driver error,” for not slowing down sufficiently to prevent a jackknife truck crash. If a defective automotive part is the reason for the mishap, it might be possible to file a lawsuit against the producer of the truck component or the tire separation (or other failure).
Slack Vehicle Maintenance or Malfunction of Vehicle Warning Systems
Truck drivers must consistently service their vehicles to guarantee their safety. If a truck driver has been careless in maintaining their truck, it could result in tire bursts, multiple vehicle crashes, and more.
Likewise, if the maintenance company (or a company’s in-house mechanics) has conducted substandard repairs or used defective procedures that culminate in an accident, the truck company owner likely will bear responsibility for the damages. Each case must be investigated by the use of accident reconstruction experts and engineers.
Road Conditions Can Be A Factor in All Collisions, Not Just Trucking Accidents
Certain truck accidents occur directly due to inadequately maintained roads. If a road owned by the state or city has significant potholes, fissures, or other hazardous conditions, you may be eligible to file a claim against the government agency.
If you intend to pursue this kind of claim in our state, you should consult with a truck accident lawyer from our Atlanta, Macon, or Warner Robins office locations in Georgia. For wrongful death or permanent disability injuries to others, our attorneys will travel to any state to fight for a maximum judgment.
When Freight is Loaded Incorrectly, Accidents Happen
Truck drivers frequently transport extremely heavy goods. This freight is typically loaded by an external party, and adherence to certain “weight-shifting” procedures is crucial.
A load that is not balanced can lead to the truck tipping over when navigating a bend or making a turn. Objects stacked too high can throw off the trailer’s center of gravity. Plus, heavy items not tethered down correctly can dislodge and become projectiles.
Motor Vehicle Accident Lawyers Near Me in the Peach State
The United States had almost 6000 deaths from truck accidents in 2021. In 2023, the statistics are not out yet, but this number is likely to top 7000 deaths, due to more miles being driven by more commercial trucks, buses, and similar heavy trucks (e.g., garbage trucks, dump trucks).
Alcohol and distracted driving are major causes, with distracted driving becoming a top issue alongside drunk driving. Plus, truck accidents each year cause property damage and non-fatal injuries due to various collision types on a myriad of different highways and streets.
Tractor Trailer Accident Lawyer Katherine McArthur Helps Injured Victims
Call our semi-truck accident lawyers now to 404-565-1621 for ATLANTA and 478-238-6600 to reach our MACON office and get started. Our lawyers not only litigate STATEWIDE but have also litigated in over a dozen other states, for these life-changing cases. Plus, below is our nationwide toll free number, 1-855-WARRIOR or 1-855-927-7467.
Injured parties (or a close family member) do themselves no favor by waiting. Take advantage of our law office’s 100% FREE lawyer consultation. Since you PAY NOTHING, why wait any longer? Evidence may disappear, over time.
In case of a truck mishap, it’s crucial to heed the advice of medical professionals and get bandaged. It’s not advisable to converse with insurance company representatives before consulting a lawyer, as their primary aim is to minimize the payout. Insurance adjusters are primarily focused on conserving funds for the insurance firms.
More Georgia Truck Accident Resources
If you’d like to learn more about truck accident lawyers in Georgia then read our informative articles below. We explore every aspect of Georgia truck accident cases that the McArthur Law Firm handles.
- Atlanta Truck Accident Lawyer: Trucking Accident Attorney
- Macon Truck Accident Lawyer: GA Trucking Accident Attorneys
- Truck Accident Attorney Atlanta GA
- Truck Accident Attorney: Macon Truck Accident Law Firm in GA
- Truck Accident Attorney: Semi-Truck Accident Attorney in GA
- Truck Accident Lawyers in Atlanta
- Truck Crash Attorney: 18 Wheeler Accident Lawyer in Georgia
- Truck Crash Lawyer: Semi-Truck Accident Attorneys in Atlanta
- Truck Accident FAQs
- Deadliest Highways For Truck Accidents
- Multiple Negligent Parties In Truck Wrecks
- Trucking Company Negligence
- Truck Driver Error
- Dump Truck Accident
- Farming Vehicle Accidents
- Semi-Truck Accident Lawyers: Logging Truck Accidents in GA
