If you get hurt in a truck accident involving an out-of-state driver or trucking company, you should call the police and get medical help right away. You should also do your best to collect contact and insurance details from the truck driver and gather as much evidence as possible at the accident scene, including photos and witness information. Then, contact a lawyer to discuss your legal options.
These cases can present challenging legal issues, such as determining which state’s laws apply and dealing with insurance companies in different states. A truck accident attorney with experience handling truck accident cases on behalf of Georgia residents will help you navigate those issues, identify all responsible parties, and pursue maximum compensation for your losses.
What Are Common Injuries in Georgia Trucking Accidents?
Even the smallest commercial trucks are larger and heavier than most passenger cars. So, truck accidents are hazardous for the occupants of these smaller vehicles. Common injuries that result from Georgia trucking accidents include the following:
- Traumatic brain injuries
- Concussions
- Spinal cord injuries
- Herniated discs
- Whiplash
- Fractures
- Dislocations
- Soft tissue injuries
- Internal bleeding
- Organ damage
- Severe lacerations
- Deep bruising
- Burn injuries
- Crush injuries
- Amputations
- Face and eye injuries
- Dental injuries
- Psychological trauma, including post-traumatic stress disorder (PTSD).
What Are the Common Causes of Trucking Accidents in Georgia?
Factors like driver behavior, vehicle maintenance, road conditions, and company policies can all contribute to truck accidents. The following are examples of the most common causes of trucking accidents in Georgia:
- Distracted driving
- Speeding or driving too fast for the conditions
- Driving under the influence of alcohol or drugs
- Driver fatigue
- Failure to check blind spots
- Failure to obey traffic signs and signals
- Improper turns or lane changes
- Following too closely
- Failing to yield the right of way
- Aggressive driving
- Negligent hiring or supervision by trucking companies
- Poor driver training
- Overloaded or improperly loaded cargo
- Mechanical failures
- Poor vehicle maintenance
- Unsafe road conditions
- Inadequate lighting on trucks.
What Should I Do If I Have Been Involved in a Trucking Accident?
If you are involved in a trucking accident, call 911 immediately to report the crash and request emergency medical help if necessary. Medical documentation could be critical for your accident claim. If you do not get emergency medical attention, see the doctor immediately, even if you feel fine. Some injuries do not show symptoms right away. Also, you should request a copy of the official accident report.
You should also gather information from the truck driver, including their name, contact details, and insurance information. Take photos of the accident scene, vehicle damage, and visible injuries. Also, ask witnesses for their names and contact information. Do not discuss fault at the accident scene. Notify your insurance company about the accident. However, you should avoid giving recorded statements until you speak with a lawyer.
What Does ‘Vicarious Liability’ Mean in Truck Accident Cases?
Vicarious liability is a legal doctrine. Under this doctrine, an employer can be held legally responsible for its employees’ actions if they occur within the course and scope of their employment. In truck accident cases, this type of liability can apply if a trucking company employs a driver and the driver causes an accident while performing their duties.
For example, if a truck driver causes a crash while making a delivery, the trucking company could share legal responsibility for the incident. However, the company might not be liable if the accident occurred while the driver acted outside the scope of their employment, such as by running personal errands.
Which State Laws Will Apply for the Accident: Georgia or a Different State?
If a trucking accident happens in Georgia, Georgia law usually applies, even if the truck driver or company is based in another state. Georgia’s rules will govern issues like fault, insurance requirements, and how long you have to file a claim. However, other state laws could still affect your case, especially regarding insurance policies or company practices. For example, the trucking company’s home state laws might influence certain legal aspects of your case. A lawyer can review the details of your situation and explain how different state laws might affect your claim.
Do I Seek Compensation from the Truck Driver or the Trucking Company?
You can seek compensation from the truck driver, the trucking company, or both, depending on who is responsible for the accident. If the driver caused the accident while performing their duties, the trucking company could still be liable based on vicarious liability. If negligent company practices like poor truck maintenance or improper driver training played a role, the company could be directly responsible. If the driver is an independent contractor, they may be solely liable.
A personal injury lawyer with experience handling truck accident cases can identify all responsible parties and guide you through seeking full compensation for your losses.
What Is The Time Limit in Georgia for Filing a Truck Accident Lawsuit?
Ga. Code § 9-3-33 gives you two years from the date of your injuries in a truck accident to file a personal injury lawsuit. If you miss this deadline, a court will likely dismiss your case. You could lose the chance to seek compensation.
Because of this deadline, or statute of limitations, you must take swift action after a truck accident. Evidence can disappear, and witness memories can fade quickly. You will protect your rights by contacting a lawyer right away.
The sooner you hire an experienced attorney, the more time they will have to gather evidence, handle paperwork, and manage deadlines to keep your case on track. However, waiting too long could jeopardize your ability to seek compensation.
Contact a Georgia Truck Accident Lawyer
If you or a loved one has been hurt in a truck accident, contact Spiva Law Group today for a free consultation. Since 1984, we have tackled some of Georgia’s most challenging personal injury cases and secured more than $500 million for our clients. Let us put our experience to work for you. Call now to discuss your case and learn how we can help you move forward.
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