Atlanta’s bustling highways are a lifeline for commerce, but they can also be a scene of devastating accidents. When a car collides with an 18-wheeler, the outcome is rarely equal. Tractor-trailer accidents pose unique challenges for victims, often resulting in severe injuries and complex legal issues.
If you’ve been injured in an Atlanta tractor-trailer accident, you don’t have to handle the legal landscape alone. Contact Evans Litigation and Trial Law, LLC, and we will guide you through the complex legal process. We can be your advocate, ensuring you understand your rights and receive fair compensation for your injuries.
The Devastation of Tractor-Trailer Accidents
Tractor-trailer accidents are inherently more dangerous than car accidents due to the sheer size and weight of the vehicles. The immense force of a tractor-trailer colliding with a car can cause catastrophic injuries, including:
- Spinal cord injuries,
- Traumatic brain injuries (TBI),
- Amputations,
- Internal bleeding, and
- Severe burns.
The cause of tractor-trailer accidents can vary from fatigue and distracted driving to improper cargo loading and truck maintenance failures. Because these crashes often result in catastrophic injuries, federal regulations have been implemented to help protect the public. However, these regulations add another layer of complexity to truck accident cases. An Atlanta tractor-trailer accident attorney can make the difference between getting the compensation you need or getting shortchanged by an unscrupulous insurer.
Tractor-Trailers Are Federally Regulated
Tractor-trailers are considered commercial vehicles, described as cabs (non-cargo units) and semi-trailers. Because the average tractor-trailer weighs tens of thousands of pounds, it’s easy to see how these colossal vehicles can wreak havoc on smaller cars in a collision. Therefore, federal regulations are in place to keep everyone as safe as possible.
The Federal Motor Carrier Safety Administration (FMCSA) governs rules for tractor-trailers and imposes strict regulations on truck drivers and trucking companies. Also, The Federal Highway Administration (FHWA) issues Federal Size Regulations for Commercial Motor Vehicles. Special safety rules apply when operating a vehicle weighing over 10,001 pounds for business purposes. A lawyer well-versed in these regulations can strengthen your claim by identifying potential violations that contributed to your accident.
Georgia Laws and Your Tractor-Trailer Accident Case
Understanding the legal framework surrounding tractor-trailer accidents in Georgia empowers you to make informed decisions. Here’s a breakdown of critical laws.
Fault
It is important to note that Georgia is an at-fault state. This means that when you get into an accident, the at-fault driver will be responsible for the other driver’s damages. The liable driver’s fault is based on negligence, and both parties can also share liability.
Negligence
A successful negligence case consists of proving four major elements: duty, breach, causation, and damages.
- Duty—the standard of care that a driver must uphold;
- Breach—the failure to maintain the standard of care;
- Causation—means that the breach of duty caused the accident; and
- Damages—you must prove you suffered losses as a result of the breach.
You must present proof of all four elements to win your case.
Sharing Liability: Comparative Negligence
The Georgia Code § 51-12-33 codifies the state’s modified comparative negligence system. Under this system, negligence can reduce your compensation if you are found partially at fault for the accident. However, you can still recover damages as long as your percentage of fault is less than 50%.
An Atlanta tractor-trailer accident attorney can help you receive the maximum award in your case.
Why You Need an Atlanta Tractor-Trailer Accident Attorney
Here at Evans Litigation and Trial Law, LLC, we understand the physical, emotional, and financial toll such accidents can inflict upon unsuspecting crash victims. Our Atlanta tractor-trailer accident lawyers understand the complex federal regulations accompanying such cases. We will fight for fair compensation, and if the insurer does not agree to a reasonable settlement amount, we will take your case to trial. Here are some ways we can help.
- Determining who’s responsible. Often, building a solid case requires a meticulous investigation and an in-depth understanding of Georgia’s liability laws. A seasoned attorney possesses the expertise you will need to accurately assess liability so you can file your claim against the correct individual or entity.
- Determining causation. Attorneys have the resources and expertise to investigate the accident scene, gather evidence, and determine what caused the crash. This investigation may uncover factors like driver fatigue, improper vehicle maintenance, or violations of traffic laws.
- Understanding complex federal regulations. The FMCSA and the State of Georgia impose strict safety regulations on truck drivers and trucking companies. A lawyer well-versed in these regulations can identify potential violations contributing to the accident, significantly bolstering your case.
- Fighting for fair compensation. Insurers representing trucking companies are notorious for offering lowball settlements far from what you deserve. An attorney with proven negotiation skills will effectively fight to secure the compensation you need.
- Leveling the playing field. Tractor-trailer companies have significant resources, including legal teams and insurance adjusters. An experienced attorney can ensure your voice is heard and fight for the compensation you deserve.
- Negotiating a settlement. Most tractor-trailer accident cases are settled before they ever go to trial. Your attorney will negotiate with the insurance company on your behalf, aiming to secure a settlement that reflects the full extent of your damages.
- Going to Trial. While most cases settle out of court, some require litigation. A seasoned attorney will advocate fiercely on your behalf in a courtroom setting, presenting a compelling case before a judge and jury.
Your lawyer can determine who is at fault, conduct a thorough investigation, and build a strong case. Having an experienced legal advocate by your side truly makes a difference.
Let Us Fight for What You Deserve
You need a fearless tractor-trailer accident attorney in Atlanta who will go the distance to fight for your rights. The right lawyer needs to understand unscrupulous insurer tactics, tractor-trailer regulations, and how to effectively put together and present your case. We have secured significant recoveries for countless clients just like you. Let the lawyers at Evans Litigation and Trial Law, LLC fight for the maximum compensation you deserve. Focus on getting better while we take care of the rest.