Truck Driver Negligence in Atlanta, GA: A Comprehensive Guide by Dressie Law Firm

Get the facts on truck driver negligence in Atlanta and Georgia. Learn how it impacts your personal injury case and how The Dressie Law Firm can help you get justice. Schedule a free consultation today. webp to jpg (3) gif maker
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What Is Negligence in Trucking Accidents?

Were you or your loved one involved in a truck or semi-trailer accident in Atlanta, Georgia, due to the truck driver’s negligence? Regardless of the severity of your injuries, you may be entitled to file a truck accident claim and seek compensation.

In at-fault states like Georgia, the party that causes the accident is liable for the victim’s physical, financial, and emotional damages. However, it is on the victim to prove that the other party negligently caused the crash.

This article will explain everything you need to know about truck driver negligence. If you need further help, our team at Dressie Law Firm is here to help. We are committed to helping victims of truck or semi-trailer accidents recover compensation.

    Common Causes of Trucking Accidents

    Identifying the cause of truck crashes can be tricky because several factors need to be considered. The most common causes of truck-related accidents are the following:

    • Inadequate truck maintenance

    • Truck driver negligence

    • Overloading cargo

    • Poor weather conditions

    • Road hazards

    • Improperly loaded cargo

    • Driver fatigue

    • Lack of proper training or inexperienced drivers

    Depending on the causes of the accident, there may be more than one liable party. Truck drivers can be held partially responsible along with other parties, such as the trucking company.

    What Types of Trucker Negligence Can Cause a Truck Accident?

    A person is deemed negligent if they breach the expected duty of care. Every driver on the road has a duty of care toward other road users, but truck drivers are especially held to a higher standard, given the significant danger they pose to others. Some types of trucker negligence include:

    • Driving under the influence of drugs or alcohol: The blood alcohol concentration (BAC) limit for commercial truck drivers is stricter than that for drivers of passenger vehicles. An ordinary motorist can get arrested for DUI if they have a BAC of .08%. On the other hand, the legal limit for a truck driver is only .04%. DUI is one of the leading causes of auto accidents in Atlanta.

    • Speeding: Commercial trucks driven beyond allowed speed limits have drastically lower stopping distances and are harder to control.

    • Reckless or aggressive driving: A reckless or aggressive truck driver is a serious threat to all road users, including themselves. Reckless driving is a very common cause of auto accidents.

    • Violation of the expected hours of service (HOS): Truck drivers can only work for a specific number of hours per day or week. Unfortunately, some deliberately violate this in order to finish their duties earlier or maximize profits.

    • Distracted driving: State and federal law prohibits drivers from using their phones while driving. Truck drivers are also prone to getting distracted by their mobile phones.

    • Failure to inspect the truck’s pre-driving condition: Truck drivers should check the vehicle before going on the road. The driver might get involved in an accident caused by a defect that could have been detected during the inspection.

    • Improper lane changes: Commercial trucks have large blind spots. Accidents can occur when drivers change or try to change lanes when they think they have an open path, but they don’t.

    • Inadequate training: Lack of proper training to safely drive and control a truck contributes to a large number of accidents.

    Potential Liable Parties in a Truck Accident

    Note that there may be several parties who can be responsible for a truck accident besides the driver. These parties can be one or more of the following:

    • Trucking company: Trucking companies are often found liable when they fail to comply with regulations or hire someone without a commercial driver’s license. The company may also be liable if the accident was due to poor maintenance or inspection.

    • Manufacturer of vehicle or parts: If manufacturing defects are determined to be the leading cause of the accident, the manufacturer may be held liable.

    • Cargo loader: If improperly secured or loaded cargo caused the crash, the cargo loading company or workers may be responsible for your damages.

    • Government entity or contractor: There are times when truck accidents result from poor road conditions, road construction sites without proper signage, or lack of proper lighting. If this is the case, your claim should be filed against the responsible authority.

    If you were hit by a public transportation truck driver, different rules may apply. You may need to familiarize yourself with commercial vehicle laws vs. public transportation laws to protect your rights and your eligibility for compensation.

    How to Prove Truck Driver Negligence?

    In proving negligence, your Atlanta truck accident attorney must establish all of the following:

    • The at-fault party owed you a duty of care.

    • The at-fault party breached that duty of care.

    • The accident and injuries resulted from that breach.

    • The victim sustained damages due to the accident and the at-fault party’s negligence.

    Proving truck driver negligence in accidents can be complex, which is why it’s worthwhile to consult an experienced truck accident lawyer from Dressie Law Firm. Having handled countless cases of serious accidents in Atlanta, we know exactly where and how to look for favorable evidence to support your claim.

    Check out our truck accident FAQ to learn more about the evidence we look for and collect to prove the truck driver’s negligence.

    Recoverable Damages in a Truck Driver Negligence Claim

    The amount of compensation awarded in truck accident cases will depend on the nature of your case. With proper documentation and the assistance of your personal injury attorney, you may be entitled to seek financial compensation for some or all of the following:

    • Medical expenses: This includes medical care, rehabilitation, and other expenses needed to recover from severe injuries. Your medical records and medical bills can help prove the severity of your damages.

    • Lost income: If you’re unable to work because of the accident, you can seek compensation for lost wages and loss of future earnings.

    • Pain and suffering: Physical and emotional pain and suffering may be quantified and awarded as compensation.

    • Loss of consortium: You can claim this type of damage if the accident deprived you of your spouse’s love, care, and time together.

    • Property damage: Truck accidents will likely cause significant damage to your car. Therefore, you can seek compensation to repair or replace it.

    Dressie Law Firm Can Help You Prove the Truck Driver’s Negligence

    Getting involved in a truck accident can be unfathomably hard to go through. You may experience a long period of pain due to injuries or, worse, sustain permanent disabilities.

    We know you feel overwhelmed in dealing with the complexities of the legal system while trying to recover. Hiring a personal injury attorney experienced in truck accident cases may help ease this suffering. 

    Dressie Law Firm can investigate your accident, collect the necessary evidence and records, and calculate the value of your damages. We can help you hold accountable the negligent truck driver and work to get you the compensation you deserve.

    Book a free consultation with us today.

    The Dressie Law Firm Can Help You

    If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is the Dressie Law Firm.

    Contact us today to schedule your free consultation!