In truck accident cases, a knowledge of special laws and regulations pertaining to commercial trucks is an important part of investigating trucking accidents and gathering evidence to identify who was at fault.
The attorneys at the law firm of Spiva Law Group, P.C. have extensive experience investigating commercial truck accidents. We can apply that experience to investigating your Georgia truck crash case. Contact us to get started with your free initial consultation.
Commercial truck drivers and interstate trucking companies must comply with special rules and regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). The regulations specify everything from how many hours truckers can drive per week to how tractor-trailers are maintained to how cargo is loaded.
Unique Laws That May Apply to Truck Accident Cases
Depending on the specific details of the truck accident, any of the following trucking industry laws may apply to your Georgia truck accident case:
Hours of service (HOS) limits
HOS limits can be important in truck accident cases involving drowsy truck drivers. These regulations stipulate that:
- Drivers may not drive for more than 11 hours after ten consecutive hours off-duty.
- Drivers may not drive after the 14th consecutive hour of being on duty.
- Drivers are required to take a 30-minute rest break after driving for a period of eight cumulative hours without at least 30 minutes of interruption.
- Drivers may not drive after 60 hours of on-duty time within a seven-day period or after 70 hours of on-duty time within an eight-day period.
Cargo loading requirements
In loss-of-control truck crashes, rollover accidents, and cargo spill accidents, shifts in cargo may have contributed to the crash. The cargo securement rules from the FMCSA may be relevant:
- Cargo must be secured or immobilized by structures with adequate strength and support while in transit.
- Pieces of cargo that are prone to rolling must be secured by chocks, wedges, cradles, or other means that prevent them from rolling.
- When cargo is secured by tie-downs, each tie-down must be secured in a way that prevents it from loosening, unfastening, opening, or releasing in transit.
- Special requirements apply to the securement of specific types of cargo such as logs, coils, rolls, pipes, intermodal containers, automobiles, and large boulders.
Truck inspection requirements
If defective or worn truck components contributed to a loss-of-control truck collision, the following inspection and maintenance requirements from the FMCSA may apply:
- Motor carriers are required to systematically inspect, repair, and maintain all vehicles and vehicle parts and accessories subject to their control.
- Trucking companies are prohibited from operating commercial motor vehicles when they are in any condition that is likely to cause a breakdown or accident.
- Drivers who receive roadside inspection reports must deliver those reports to their carriers, who must examine the reports and certify that all violations have been corrected within 15 days.
- Drivers must complete daily written reports of their post-trip inspections at the end of each driving day. Carriers must certify that any defects or deficiencies in these reports are addressed promptly.
- Motor carriers must perform periodic inspections of all commercial vehicles at least once every 12 months and retain inspection reports for at least 14 months.
Lower blood alcohol content (BAC) limits
For non-commercial drivers, the legal standard for drunk driving is 0.08 percent blood alcohol content. However, commercial drivers can be disqualified under federal regulations for operating a commercial truck with a BAC of 0.04 percent or more.
If you were involved in an accident with a truck driver and alcohol use is suspected, the legal blood alcohol concentration (BAC) limits established by the FMCSA for commercial motor vehicle operators may come into play.
Who Is Liable for a Truck Accident in Savannah?
Unlike most car accident cases, multiple parties are often liable in truck wrecks since there are multiple parties who are involved in the operation of a commercial truck. Any of the following may be held responsible for a Georgia truck collision:
- A truck driver whose driving was careless or reckless.
- The trucking company or motor carrier, if the company failed to properly maintain the truck.
- The trucking company that hired the truck driver, if the company failed to screen their drivers before hiring and allowed an unsafe driver to continue driving.
- A cargo loading company, if the loading company neglected to secure the cargo properly.
- Truck mechanics or repair providers, if they failed to properly inspect the truck or repair known deficiencies.
Are Truck Drivers Responsible for Damages in Georgia Truck Accidents?
If a truck driver caused an accident because the driver was distracted, drowsy, under the influence, or otherwise negligent, the driver may be legally responsible for the resulting injuries.
However, at-fault truck drivers are rarely the ones responsible for paying the cost of the damage they cause. They are required to have substantial liability insurance. In most cases, commercial drivers work for trucking companies that have insurance policies that cover the costs of truck accidents.
Victims can file claims with trucking insurance providers seeking to recover the compensation they need after an accident. However, commercial insurance companies will try to protect their bottom lines by minimizing or denying accident claims. It’s best to work with an experienced truck accident lawyer.
A truck accident attorney can help you prepare a strong claim and will be prepared to take your personal injury case to trial if the insurance company refuses to agree to a fair settlement.
Why Do I Need an Attorney for My Georgia Truck Accident Claim?
Truck accident claims are not like car accident claims. They tend to be complex, expensive and have many different parties involved. If you were injured in a Georgia truck accident, you need a truck accident lawyer because:
- A lawyer can explain your rights and the specific trucking industry laws that apply to your case.
- A lawyer can conduct an independent investigation of the truck accident to uncover valuable evidence and determine who was at fault.
- A lawyer can work with expert witnesses such as accident reconstruction specialists who can provide useful testimony to support your claim.
- A lawyer will negotiate aggressively to demand full and fair compensation on your behalf and can take your case to court if necessary.
What Is the Statute of Limitations for Truck Accidents in Georgia?
Like all states, Georgia has statutes of limitation that impose limits on the amount of time you have to take certain types of legal action. When it comes to personal injury lawsuits such as truck accident claims, you typically have two years from the date of the accident to file your claim.
If you wait to file your claim until after the statute of limitations has expired, the court will likely dismiss your case. You will lose your right to claim compensation for your losses. A knowledgeable attorney can help you prepare an error-free claim and ensure all of your important documents and paperwork are filed on time.
Special Laws Require Special Skills, Contact Us Today
If you were injured in a Georgia truck accident, let the experienced personal injury lawyers of Spiva Law Group, P.C., help you seek justice and fair compensation for your losses. We have more than 30 years of experience fighting for the rights of our injured Georgia neighbors. We’re eager to help you, too.
Contact us today to discuss the details of your truck accident case with a knowledgeable attorney in a free initial case review.
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