Atlanta
Truck Accident Lawyer

Welcome to John Foy and Associates. I’m Attorney John Foy. Thank you for letting us help you during this difficult time. Have you been involved in a serious truck accident in Atlanta? We have a team of lawyers who fight and win for people injured by semi and big trucks every day. Contact us now for your free payout evaluation. Let me get you the maximum compensation possible.

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If you suffered a truck accident, you have legal options available to recover damages. For over 20 years, our personal injury law firm has helped Atlanta-area injury victims, winning over $1 billion in verdicts and settlements. Our Atlanta truck accident lawyers will help you fight for maximum compensation.

We know how to fight against insurance companies and always strive to get you maximum compensation. In addition, you don’t have to worry about attorney fees. Our Atlanta personal injury lawyers work on a contingency fee basis; this means you owe us nothing unless we win your case. Call us today to schedule a free consultation.

Why do I Need a Truck Accident Lawyer in Atlanta?

Recent large truck fatality statistics reveal that 4,014 people died in collisions in 2020. Even more disturbing, 68% of all the people who died were the occupants of passenger vehicles and other cars. The report further reveals that 16% of the fatal victims were motorcyclists, bicyclists, and pedestrians.

Consider how large and heavy a truck is. For example, the average weight of a semi-truck with an empty trailer is about 35,000 lbs, while a loaded vehicle can weigh around 80,000 lbs. Compare this to the average weight of a passenger vehicle, which is just over 4,000 lbs, according to the Environmental Protection Agency (EPA).

Under these conditions, the occupants of a standard passenger vehicle are more exposed to severe injury and damage than a trucker. Therefore, truck drivers must uphold a high duty of care for others on the road. If you were involved in a collision, an attorney can help with your truck accident case.

How an Atlanta Truck Accident Lawyer Can Help

Trucking accidents can result in catastrophic injuries and damages. However, you can hold the negligent party responsible for their actions and win financial compensation. To do so, you should seek legal representation.

There are several reasons why you should hire an Atlanta truck accident lawyer. While we can’t list all of them, here are a few critical ones.

Gathering Evidence for Your Claim

Just because you file a truck accident claim doesn’t mean you’ll automatically receive fair compensation. You still have to negotiate for a settlement and, in some cases, even go to court. To win a settlement, you must have strong evidence to support your case.

Our Atlanta car accident lawyers will gather critical evidence from your truck crash, such as police reports, photos, medical records, and witness testimonies. From there, we will ensure you have a strong case the insurance company can’t deny.

Calculating Your Damages Accurately

The value of your truck accident settlement will vary depending on the severity of your injuries and the extent of your damages. This includes assessing the cost of medical treatment and other accident-related expenses.

Our personal injury lawyers will calculate all the damages on your behalf to ensure you get the maximum compensation possible. We won’t leave a single penny out of your final settlement total.

Our legal team has a winning track record of case results:

• $6.6 million for a client struck by a tractor-trailer
• $4.9 million for a client injured in a rear-end 18-wheeler accident
• $1.5 million for a client who was sideswiped by a truck

Fighting Against the Insurance Company

Whether we fight for your settlement in or out of court, our lawyers know how to handle insurance agents. Insurance companies are businesses first above anything else and will always try to weasel their way out of paying you fair compensation for your damages.

By hiring a truck accident lawyer, the insurance adjuster will be more open to negotiating a fair settlement since they don’t want to risk an expensive court battle. This is why hiring a lawyer is essential; it gives you power at the negotiating table to get appropriately compensated for the accident.

What Exactly Should I Tell My Atlanta Truck Accident Attorney?

Your experienced truck accident attorney will want to understand all the details regarding your case. The first step is your initial consultation with your new attorney. This is a time to discuss your case details.

Be comfortable. Tell your story. Do not hold anything back. You and your representative have lawyer-client confidentiality.

Honesty is the best policy because it prepares your attorney to proceed with your negligence claim. If the responsible party brings up a detail you left out, it could cost your entire settlement.

Common Causes of Truck Accidents

Collisions with large commercial vehicles can happen for several reasons. While the crash is mostly caused by driver error, other negligent acts may also contribute.

The leading causes of accidents include:

• Driver fatigue
• Speeding
• Driver under the influence
• Distracted driving
• Improper loading
• Mechanical failures

The National Highway Traffic Safety Administration (NHTSA) reported 402 alcohol-impaired driving fatalities in Georgia in 2020. In the same year, 380 speeding-related fatalities were recorded across the state.

Furthermore, fatigue and hours of service for commercial truck drivers increase the risk of traffic accidents. Long hours on the road can create a backdrop for driver fatigue or prompt the operator to engage in other dangerous behavior.

It’s important to stay alert while driving near heavy trucks so you can take evasive action in an emergency.

The Most Dangerous Intersections in Atlanta

Intersections are a high-risk spot for auto accidents because two or more roads converge, which can lead to added confusion. Certain driving activities, like making a right or left turn, have a higher potential to lead to a collision. An estimated 40% of all crashes in the U.S. occur at intersections.

As a driver, you should take extra caution when driving at the following intersections in Atlanta:

• Covington Highway and Lithonia Road
• Briarcliff Road and North Druid Hills Road
• Butner Road and Camp Creek Parkway
• Moreland Avenue and Constitution Road
• State Road-139 and Bolton Road

Atlanta is well-renowned for bad traffic congestion and is considered one of the most dangerous cities in the U.S. to be a driver.

Who Can I Hold Responsible for a Truck Accident in Atlanta?

You can hold several at-fault parties responsible for a truck accident in Atlanta. However, most cases will always have at least one of these parties liable for what happened.

The Truck Driver

The most common liable party is almost always going to be the truck driver. They operate the truck, so naturally, they are the first line of defense against an accident. If they partake in risky or negligent actions on the road, you can file a claim against them.

The Trucking Company

Trucking companies must also protect the public by hiring qualified drivers and maintaining trucks. They put the public at serious risk if they fail to do so.

If evidence shows that their hiring standards are subpar or their maintenance quality is lacking, you can hold them liable for your accident.

The Truck Manufacturer

Sometimes the trucking company or the truck driver won’t be at fault. For example, the vehicle they use may have had a manufacturer defect that went unnoticed through no fault of their own.

In these cases, the manufacturer can get held responsible for your accident. They must inform truck owners of any defective products and fix them.

How to Get Compensated for Your Truck Accident Damages

There are several damages you can collect financial compensation for following an accident with a large commercial vehicle:

• Lost wages and reduced earning capacity
• Pain and suffering
• Mental anguish
• Medical expenses
• Property damages
• Vehicle repairs or replacement
• Loss of companionship
• Loss of enjoyment of life
• Disfigurement or disability

While money can’t fix everything, it can give you the financial stability you need to move forward and recover from the crash. We won’t let the liable party or their insurance company get away with paying you a meager amount for your settlement.

The Statute of Limitations for Truck Accidents in Georgia

The Official Code of Georgia Annotated (OCGA) §9-3-33 gives personal injury victims in Atlanta two years to file their personal injury claim. However, keep in mind that this is only a general timeframe. Some cases may have significantly less amount of time.

Thus, you must take action immediately. Don’t wait until the last minute to start preparing. Building a solid case takes considerable time and strong evidence. If you wait too long, you risk losing a significant portion of your settlement.

State and Federal Regulations for the Trucking Industry

The trucking industry is heavily regulated at state and federal levels to ensure safety and compliance with various standards. Following these regulations helps ensure the safe operation of commercial vehicles and prevent accidents on the road.

Violations of state or federal regulations can result in fines, penalties, and even the suspension or revocation of a trucking company’s operating authority. Some of the most relevant regulations that might impact your case include the following:

Hours of Service

The Federal Motor Carrier Safety Administration (FMCSA) is responsible for enforcing hours of service regulations for truck drivers in the United States. These laws limit commercial big rig operators’ driving time and the time they must take off between shifts.

These regulations help prevent fatigue, which can increase the risk of accidents on the road. The FMCSA uses various methods to enforce these standards, including electronic logging devices (ELDs), compliance reviews, and roadside inspections.

Substance Abuse Testing

The FMCSA and the Department of Transportation (DOT) require everyone with a commercial driver’s license (CDL) requirements and their employers to respect alcohol and drug testing rules.

All commercial drivers must submit to drug testing pre-employment but should also be tested after a collision. Also, if the employer suspects an employee of abusing substances, they must test the driver.

Weight Requirements

In Georgia, the state weight requirements for trucks depend on various factors, including the number of axles on the vehicle and the distance traveled.

In addition, Georgia has weight restrictions for certain types of roads and bridges, and oversize or overweight permits may be required for loads exceeding the maximum weight limits.

Truck Accident Lawsuit FAQs

After a truck accident, you are likely disoriented and overwhelmed. As experienced personal injury attorneys in Atlanta, we want to help you navigate the legal aftermath. We answer some frequently asked questions by truck accident victims so you can better understand the legal context of your crash.

Can I Get a Truck’s Black Box Data After an Accident?

While accessing a truck’s black box after a crash can be difficult, it is not impossible. However, it is crucial to act quickly, as some black boxes are designed to erase all data within 30 days. To preserve the evidence, seek immediate legal counsel.

You could use an associated app on your smartphone to access the data from your vehicle. Your black box should have a retrieval tool kit and instructions on accessing the recorded data.

There are multiple ways to gain access to the black box data from another vehicle, including:

• Getting the truck owner’s consent.
• The black box data needs to be accessed for safety purposes.
• Obtaining a court order to get the black box data.
• The black box needs to be serviced, diagnosed, or repaired.

What If the Trucker doesn’t Have Adequate Insurance?

Although it may feel discouraging to learn that the liable truck driver is uninsured, you may still have legal options for financial recovery. A truck accident attorney in Atlanta, GA, will review your options and help you identify the best path to receive compensation.

If the truck driver is uninsured or underinsured, you could:

• Use uninsured motorist coverage
• File a claim against the at-fault driver
• File a claim against another liable party

Should You Admit If You Were Partially Liable in a Truck Accident?

Admitting that you might have contributed to the collision is one of the biggest mistakes you could make after a truck crash. Even a seemingly harmless unintentional comment could be interpreted as an admission of guilt.

Truck accident cases can be intricate, involving multiple parties, insurance companies, and complex legal procedures. Without proper legal guidance, it’s easy to make errors. An Atlanta truck accident attorney will help you avoid mistakes that could endanger the successful resolution of your case.

How Long does It Take to Settle a Truck Accident Claim?

It is common for truck accident survivors to wonder how long a claim might take. However, the answer depends on the details of your case. For example, factors like the truck accident investigation and waiting on your medical treatment to be complete will influence the length of legal proceedings.

While your truck accident lawyer will try to expedite the financial recovery process, they aim to advocate for your best interest. A quick settlement is not always the best option in the long run. Building a strong case and negotiating for fair compensation can take time.

Will I Have to Go to Court After a Truck Wreck?

Most truck accident cases do not end in court. Your lawyer will try to negotiate with the insurance company or at-fault party for fair compensation. However, your case might go to trial if this does not yield the expected results. Your attorney will continue representing your best interest and fighting for the maximum award.

What Amount Should You Settle for After a Truck Wreck?

There is no simple answer to this question. Since a truck accident can lead to devastating injuries and property damage, the settlement amount should cover all your accident-related losses. An attorney will calculate all your expenses and help you determine whether a settlement offer is fair.

Factors that influence your truck accident settlement include:

• The degree of fault in the crash
• How many insurance companies are involved
• The damages you suffered
• Legal representation

Is It Worth It to Hire a Truck Accident Lawyer?

Since truck accident cases tend to be more complex than standard personal injury cases, it is worth hiring a lawyer. Your attorney will help you navigate the complicated legal process and protect your rights.

Furthermore, with legal representation, you are more likely to secure a higher award; you could receive up to 30-40% more. During our legal practice, we have witnessed that insurance companies are more willing to negotiate higher settlements if the victim has legal counsel.

Talk to Our Atlanta Truck Accident Lawyers Today

At John Foy & Associates, we have extensive experience representing injury victims involved in semi-truck crashes, rollovers, and other truck-related incidents. Our experienced truck accident lawyers can support and guide your case, ensuring your rights are protected.

Contact our Atlanta truck accident lawyers at John Foy & Associates today if you suffered a trucking-related injury. You can fill out our online contact form to schedule an appointment. We are available 24/7 to assist.