If you have been seriously injured in a Savannah truck accident, you are likely facing a fight against a large, profit-driven corporation as you seek compensation for your medical bills and other losses. That’s because most large trucks across the Savannah area, because of the large port, and throughout Georgia are owned by corporate motor carriers that have large investments to protect after a truck crash.
One of the Best Truck Accident Lawyers in Savannah
At the Spiva Law Group, our experienced Savannah truck accident attorneys have been securing full and fair compensation for crash victims for more than 30 years. Our dedicated legal team has:
In-depth knowledge of trucking industry regulations
Extensive experience negotiating and litigating these tough cases
The resources necessary to take on deep-pocketed trucking companies
Our team approach to truck accident cases means our clients have a diverse and talented group of legal professionals analyzing their claims from every angle. In fact, our truck accident law firm limits the number of cases we accept so we can focus our combined strengths to our client’s advantage.
Trucking companies are well known for moving fast to deflect blame and/or make low-ball settlement offers to trust crash victims. If you need compensation for a serious injury, you shouldn’t try to negotiate with a large corporation on your own. Let our aggressive Savannah truck accident attorneys fight for you.
Contact Spiva Law Group for Your Savannah Truck Accident Case
Please contact us for a free consultation today. Our team is available to meet with you at any time. We can visit you at home, in the hospital, or anywhere else that is convenient. Our law firm will not charge any fees upfront to start work on your truck accident claim, and we do not get paid unless we recover compensation for you.
Our Truck Accident Attorneys in Savannah will Investigate
Truck accident cases involving cars are often complex because there are many potentially liable parties involved. In addition, the trucking industry is governed by numerous technical regulations. Not to mention that large commercial trucks are complex machines, so understanding what caused the crash can be complicated.
Our Savannah truck accident attorneys will act quickly after a wreck to secure physical evidence before it deteriorates or disappears. We will also interview potential witnesses while their memories are still fresh and untainted.
Some of the steps our team will take to investigate your truck accident claim include:
Seeking a court order to compel the trucking company to preserve and make available such records as:
Hours of Service (HOS) logs of the truck driver’s drive and rest times, which the Federal Motor Carrier Safety Administration (FMCSA) requires all truck drivers to keep. Fatigued and drowsy driving are factors in many truck wrecks.
Personnel records to confirm the truck driver’s employment, licensing, work, performance records, etc.
Dispatch records of the truck’s route, departure, and arrival times, communications, etc.
Bills of lading, which detail the type, quantity, and destination of the goods being carried, as well as the handlers of a truck’s cargo. In some cases, third-party service providers own and/or load a truck’s cargo, and they may be held liable in a truck accident.
Truck maintenance records, which may show neglected work or suggest a mechanical problem that could have contributed to the accident.
Truck-cab video, which may be available if the trucking company has installed video systems in cabs to monitor driver activity. Such footage may depict a fatigued driver nodding off, or a trucker engaging in distracted driving activities.
Demanding immediate access to the crashed truck and its event data recorder (EDR). These “black box” devices begin to record data when they sense problems in the engine or a sudden change in the wheel speed.
The EDR download from a wrecked truck can show data from the moments before and after a truck wreck, including:
Vehicle speed
Engine speed
Throttle (gas pedal) position
Brake status
Clutch status
Cruise control status
Steering angle
Forward-collision warnings
Lane-departure warnings
Sudden deceleration/acceleration
Diagnostic Trouble Code (DTC) warnings of data outside normal values in multiple truck systems
GPS-based positional data
Documenting accident scene evidence, such as skid marks and other debris, infrastructure damage, etc.
Examining your vehicle, which helps to determine the speed and angle of vehicles at impact, as well as the extent of damage done.
Searching for and obtaining surveillance video from public or private sources, such as stoplight cameras or store security cameras. Depending on the type of truck accident, where the truck traveled, and where the accident occurred, there may be footage that captured the crash or that shows the truck on the road prior to the accident.
Collecting statements from the trucker, other motor carrier employees, and third-party employees, such as cargo handlers.
Obtaining the truck driver’s cellphone records, which may show negligent activity (i.e., distracted driving) at the time of the crash.
Searching truck and/or truck component recall databases, which could indicate that a trucking company negligently put an unsafe vehicle on the road. In some cases, we may determine that a defective auto part caused your accident.
Dedicated Truck Accident Attorneys in Savannah, Georgia
Our dedicated Savannah truck accident attorneys also work with accident reconstruction engineers who use advanced forensic investigation techniques to determine how and why a crash happened. These specialists prepare detailed reports that serve as evidence in a claim. If we must take a personal injury claim to court, our certified expert witnesses are prepared to make detailed multimedia presentations as part of testimony before a judge and jury. Truck accident lawyers in Savannah.
A trucking company (motor carrier) is legally responsible for the truckers and the trucks it puts on the road. However, some motor carriers will claim their drivers are independent contractors, and therefore the company is not responsible for their negligence that led to an accident.
Motor carriers sometimes force their employees to enter into “lease-to-own” contracts so the company may disavow ownership of trucks, though such deals are typically structured so the trucker never actually assumes ownership.
There are legal differences between independent contractors and employees, and trucking company personnel and dispatch records can show that a driver has been treated as an employee. (This is why we want to secure trucking company records as soon as possible after an accident.)
Every aspect of the trucking industry is regulated by the FMCSA, with rules and regulations for truck drivers; trucking companies; cargo transport; and mechanical requirements for all commercial motor vehicles, from tractor-trailers and other “big rigs” to tankers, fuel trucks, and dump trucks. This makes it critical for accident investigators to have a comprehensive understanding of FMCSA regulations and violations.
The multiple parties involved in a truck wreck often point fingers at each other. At the same time, the carrier, driver, cargo owner or loader, etc., may each have their own insurer and a team of lawyers protecting them.
At the Spiva Law Group, our Savannah truck accident lawyers have the experience, dedication, and resources necessary to tackle complicated personal injury claims
We know our clients have a lot at stake, and we fight fiercely for the compensation they deserve.
Who May Be Held Responsible in a Savannah Semi-Truck Crash?
Our investigation into your truck wreck may indicate that one or more parties contributed to the crash that injured you. Depending on the circumstances of your crash, your case may require multiple claims against separate individuals and/or companies and their insurers.
Truck Driver: The “trucker” may have acted negligently or recklessly, leading to your crash. Truck accident statistics show that the most likely forms of trucker negligence in an accident are:
Speeding, including driving too fast for conditions (i.e., bad weather or congested traffic)
Fatigued or drowsy driving, including falling asleep behind the wheel
Distracted driving, most often illegal use of hand-held cellphones
Driving while impaired (DWI or DUI), particularly drugged driving
Illegal or unsafe maneuvers in traffic
Trucking Company: Motor carriers are responsible for the actions of their employees and for ensuring that the trucks they own and put on the road are safe. But it is not uncommon to find that a trucking firm has violated FMCSA regulations to save money, such as by forgoing maintenance on a truck, pushing a fatigued driver, often because of the trucker shortage, to keep moving in violation of HOS rules to make a delivery on time, or employing unlicensed or untrained drivers who will work for less money.
Truck and Truck Parts Manufacturers: If the failure of a truck or its parts or components contributed to an accident and we can determine they were faulty from the start, we may pursue a product liability claim. The manufacturers and/or distributors of faulty and dangerous systems or components, like brakes, tires, couplings, steering, lighting, etc., can be held liable for the harm their negligence has caused.
Cargo Handlers: Cargo in tractor-trailers must be correctly loaded and secured, or a sudden cargo shift may be enough to change the vehicle’s center of gravity and make the driver lose control or tip the truck into a rollover crash. If cargo spills, it creates hazards for oncoming motorists. A hazardous materials spill can cause environmental damage as well as personal injury. FMCSA rules require the motor carrier and trucker to inspect a truck’s cargo, but a third-party service vendor or the cargo owner may also be held responsible if their negligence led to a cargo shift or spill that injured someone.
Local Governments and/or Contractors: Sometimes external factors contribute to commercial trucking accidents. If a roadway has not been maintained or its faulty design or construction contributes to a crash, the governmental entity that is responsible for it and/or contractors it hired may be held liable. Local entities and contractors are also responsible for highway work zones, where motorists and workers are vulnerable to injury. Proper work zone design includes barriers and space to keep traffic safely separated from workers, machinery, equipment, etc., and adequate warning and space for motorists to slow down.
The Savannah truck accident lawyers at Spiva Law Group have extensive experience holding large companies of all kinds accountable for negligence
We negotiate aggressively with insurers based on solid evidence, and our team is able to reach satisfactory settlements in many truck accident claims. However, our seasoned litigators will be ready to take your case to court if the insurance company(s) involved refuse to do what’s right.
What Compensation is Available for Damages in Savannah Semi-Truck Crashes?
As we investigate your semi truck accident, we will also gather and analyze evidence of your injuries and their costs. Full and fair compensation should mean you have no unsatisfied debt now or in the future because of the injuries you have suffered, and that you are able to maintain the financial standard of living you had prior to the accident.
Savannah Personal Injury Law on Tractor-Trailer Crashes
Under Georgia personal injury law, you may seek damages (compensation) that reimburse you for economic costs and losses and that compensate you for non-economic loss. This includes damages for:
All medical treatment connected to the injury suffered in the accident
Lost income, including continued losses due to reduced earning capacity
Damage to or loss of use of property
Loss of consortium (loss of services of your spouse, including companionship, income, child care, etc.)
Pain and suffering, including emotional distress
Injury to reputation (such as from not being able to meet financial obligations due to lost income)
Additionally, you may be able to pursue punitive damages, which are awarded in extreme cases as punishment for the defendant’s egregious behavior.
In cases of permanent disability, we consult with life care planners who analyze your medical records and prognosis to project treatment and care needs over the course of your anticipated lifetime. Similarly, economic consultants help us to project the costs of lost earning capacity, which, depending on your education, experience, and prior occupation, should account for the value of unrealized wages, benefits, perks, and anticipated promotion or another career advancement.
Are Damages Capped in Georgia Truck Accident Injury Claims?
In years past, Georgia capped or limited, the number of damages available in personal injury cases. But in 2010, the Georgia Supreme Court ruled that damages caps violate the right to a jury trial established in the state constitution.
However, Georgia continues to abide by the principle of comparative fault, which reduces or precludes damages for plaintiffs found to be partly or mostly at fault for an accident. For example, if you were speeding when you entered an intersection where you were hit by a truck, the defense would argue that you would not have been hit if you had been traveling at a proper speed. The jury would decide how much you contributed to the accident and how much of a role the defendant’s negligence played, each expressed as a percentage.
Your final award would be reduced accordingly, e.g., 10 percent, 20 percent, etc. If you were found to have 50 percent (half) or more of the responsibility for the accident, you would not receive compensation.
Our work for you will include rebutting or mitigating any evidence or allegations of your responsibility for the accident, whether made in negotiations or in court. We will seek the maximum amount of damages for you in each claim we file on your behalf. Contact one of the best personal injury lawyers in Savannah.
What to Do and What Not to Do After a Truck Accident
After an accident with a commercial truck, you can take these steps to protect your legal rights to seek financial recovery:
Follow your doctor’s treatment recommendations.
Report the crash to your car insurance provider.
Get a copy of the police accident report.
Request copies of medical records for your treatment and rehabilitation.
Keep bills, invoices, and receipts of your expenses from the accident.
Gather your pay stubs and income statements if you need to take time off work during your recovery or earn less while on medical restrictions for your injuries.
On the other hand, you should avoid the following, which might jeopardize your truck accident claim:
Do not put off treatment or rehabilitation for your injuries.
Do not agree to give the insurance company a recorded or written statement or access to your medical records.
Do not discuss the accident or your injuries on social media or post photos or videos of yourself while being treated or under medical restrictions.
Remember to contact a Savannah truck accident lawyer as soon as possible to get help with pursuing your compensation claims.
What Are Common Types of Savannah Truck Accidents?
Commercial trucks are involved in various types of traffic accidents. Some of the most common kinds of trucking accidents include:
Rear-End Collisions: In a rear-end collision, the front of a commercial truck runs into the back of the vehicle ahead of it. Rear-end trucking accidents usually occur when a truck driver drives too fast or follows too closely to the car in front.
Head-On Collisions: A head-on collision involves the front of a commercial truck hitting the front of another vehicle. These wrecks may occur when a truck driver drifts over the center line or median into the path of oncoming traffic or travels the wrong way down a street or on/off ramp.
Sideswipe Collisions: In a sideswipe accident, the side of a commercial truck bumps or grinds along the side of a vehicle in an adjacent lane. These collisions can happen when a truck driver tries to change lanes without signaling or checking for traffic first or when the driver drifts out of their lane.
Side-Impact/T-Bone Collisions: T-bone accidents involve the front of a commercial truck striking the side of another vehicle. They frequently occur at intersections when a driver runs a red light or stop sign or fails to yield the right-of-way when turning left.
Wide-Turn Accidents: Semi-trucks may need to make wide turns when turning right on narrow streets. A truck driver may cause an accident through improper wide-turning technique or failing to check the oncoming lanes for traffic before turning.
Underride Accidents: An underride accident occurs when a vehicle gets wedged underneath a truck trailer’s side or rear overhang.
Jackknife Accidents: A truck jackknifes when its semi-trailer swings forward toward the truck cab. A jackknife accident can also occur when a truck driver tries to make too tight of a turn, causing the truck cab and trailer to fold together like a pocket knife. Jackknifing may cause a truck driver to lose control of their vehicle.
Rollover Accidents: A rollover happens when a truck flips onto its side or roof. In more violent accidents, it may roll over multiple times before coming to a rest. Rollover truck accidents can put other drivers at risk of severe or life-threatening injuries if the truck or trailer rolls onto other drivers’ vehicles.
Cargo Accidents: A cargo accident may involve a truck driver losing control of their vehicle due to shifting cargo rapidly changing the truck’s weight balance. Cargo accidents may also involve a truck spilling their cargo onto other vehicles or onto the road, where they may create collision hazards for oncoming traffic.
How Long Do I Have to File a Truck Accident Case in Georgia?
In Georgia, the statute of limitations on injury claims typically requires plaintiffs to file a lawsuit within two years after the crash. You must file your lawsuit before this deadline. Otherwise, you may lose the opportunity to recover compensation in civil court from a negligent truck driver or trucking company. By enlisting the help of a skilled Savannah truck accident lawyer, you can ensure your claim is filed on time.
How Much Does It Cost to Hire a Truck Accident Lawyer in Savannah?
After a truck accident, you may worry about how much it will cost to hire an attorney. However, a Savannah truck accident attorney at Spiva Law Group will handle your case at no upfront cost. Our firm represents truck accident victims on a contingency fee basis, which means we only get paid if we recover compensation through a settlement or at trial. We receive a percentage of the money we recover as our fee.
Our firm offers free initial consultations, so you can talk to an attorney at no cost and with no obligation to hire our firm for your case. With a contingency fee, we share the financial risk of pursuing your truck accident claims.
What Are My Options If My Family Member Died from a Commercial Truck Accident?
If your family lost a loved one in a truck accident caused by someone else’s negligence, you may have the right to pursue compensation in a wrongful death claim.
Georgia law allows the victim’s surviving spouse, children, or parents to file a wrongful death lawsuit. If there are no eligible surviving family members, the executor of the victim’s estate may file. The executor can also file a survival action to recover compensation for losses the victim suffered before their passing.
In a wrongful death claim, your family can recover compensation for the “full value of the life” of your loved one, including for:
The loss of your loved one’s financial contributions to the family
The loss of their services to the family and household
The loss of their care, companionship, and guidance
A survival claim can also recover compensation for your loved one’s final medical expenses, funeral or burial expenses, and other losses resulting from their injury and death.
Get Help From a Truck Accident Attorney in Savannah Today
If you or a loved one is coping with a serious injury after a crash, contact our Georgia truck accident attorneys today. We will thoroughly investigate your truck crash and injuries, and our team will fight insurance companies that try to deny or minimize the compensation you deserve.
Schedule a free consultation today to learn why truck accident victims have been counting on our Savannah truck accident law firm for more than three decades
We do not charge anything to start working on your claim, and we only get paid if we recover money for you. Check out our latest e-book about truck accidents and learn about what you can do after you’ve been in an accident with one! Contact us now.
Resources for victims of truck accidents in Savannah:
For truck accident victims in Savannah, the Georgia Department of Public Safety offers victim assistance services. This includes support for those affected by serious crashes, including those involving DUI. They can help with inquiries about crash investigations. For more details, you can contact their victim assistance point of contact at (404) 624-7550. More information is available on their official website.
“I hired Howard Spiva and his associates after an injury that left me unable to work, and somewhat unable to care for myself. Howard and all members of his Spiva Law Group have done a GREAT job on my behalf, and I consider them not only my legal representatives, but good friends as well.”