Truck Accidents Are Different to Car Accidents and Require Different Regulations
Posted in truck accident on January 10, 2022
Lots of lawyers all over the country advertise that they handle “accidents”. However, not all “accidents” are the same. Having a Georgia accident lawyer is not the same thing as having a Georgia truck accident lawyer.
Is a Commercial Trucking Accident Lawsuit Different than an Auto Accident Lawsuit?
Yes! Truck drivers and trucking companies must comply with the Federal Motor Carrier Safety Regulations (FMCSRs). These rules provide the minimum standards--yes, the minimum standards—for those involved with the operation of commercial motor vehicles in interstate commerce. (Interstate commerce means driving across various state borders as opposed to intrastate commerce which means driving just within the state.)
The FMCSR regulations include for example the maximum hours that a driver can operate a big rig in a set period, mandated rest periods, what a driver should do if excessively fatigued, and required driver training and inspection.
These rules make semi accidents much different than accidents that happen between two or more automobiles.
How is Fault Decided in a Georgia Truck Accident?
Determining which party or parties are at fault in a semi accident in Georgia requires our attorneys’ examination of the accident report by the police or the Georgia Highway Patrol, witness statements, and the statements of the parties for the insurance company. You can’t just go by what the accident report says because sometimes the report can be wrong. For example, the officer may have missed a witness. Or, the defense may have whispered a suggestive narrative on how the accident surely must have gone down. You should consult with a trained and talented Georgia truck accident lawyer to dig.
You should understand that the insurance company’s decision isn’t final and binding, and that our tractor-trailer accident lawyers at Tobin Injury Law will make certain that your interests are protected.
What Damages Can I Recover in a Truck Accident in Georgia?
There are several types of damages that an injured person may recover in a truck accident case in Georgia. One is economic damages. This includes the truck accident victim’s “out-of-pocket expenses” incurred as a result of a big rig accident. Non-economic damages may also be awarded to compensate a big rig accident victim for his or her injuries. This includes compensation for pain and suffering.
Also, exemplary (or “punitive”) damages may be awarded to the victim in a tractor-trailer accident if the injuries were caused by the willful act or omission or gross negligence of the truck driver or other parties. Punitive damages are warranted in certain situations and when they do get awarded, they can range from a small amount to a massive amount.
Do I Need An Attorney After a Georgia Truck Accident?
The short answer is yes. If you’ve been injured in a large truck accident, you should speak with an experienced Atlanta truck accident lawyer from Tobin Injury Law. We’ll work to investigate, and get you maximum compensation. Our truck accident attorneys have the background, experience, and legal skills to properly pursue a truck accident injury lawsuit.
Remember that generally speaking an accident victim only has two years to bring a lawsuit. Contact Tobin Injury Law and speak to one of our experienced 18-wheeler accident lawyers today to be sure that your lawsuit is filed in time.
How Can an Atlanta Truck Accident Attorney Help Me With a Settlement?
Based on our years of experience in Georgia state and federal courts, our Atlanta truck accident attorneys know that each accident in our city is unique. There are several factors involved in the settlement process in a crash; there’s no exact formula.
The degree to which a party is motivated to settle and the amount of the offer after a truck accident will depend upon many factors in the case. Some of the factors include:
- The severity of your injuries;
- Your medical expenses;
- The defendant’s background;
- The particular violations;
- The loss of past income and of future wages;
- The limits of insurance coverages; and
- The type and availability of evidence from the truck accident.
Finally, truck companies and their insurance companies often try and shift blame. Georgia negligence law applies the modified comparative negligence doctrine, which says that a truck accident victim’s damages are decreased based on his or her percentage of fault. Talk with a good Atlanta truck accident lawyer to make sure you don’t get taken advantage.