Georgia Truck Accident Lawyers

Truck accidents are different from an average personal injury case. The typical truck accident in Georgia can be a matter of life or death due to the weight and size inequities between trucks and the cars they often damage. If you’ve been in a truck accident and have endured serious injuries, you need to make sure you have the best possible Georgia truck accident lawyers in your corner to make sure your injuries don’t go uncompensated. Call the family of Georgia truck accident lawyers at Sawan & Sawan today for a free consultation.

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Truck Accidents in Georgia

The Federal Motor Carrier Safety Administration (FMCSA) states that truck accidents are only about 3% of motor vehicle accidents nationally. Even though they are a very small percentage, these cases cause much more harm due to their size and weight. A tractor-trailer weighs between 12,100 and 80,000 pounds. That is about 25 times more than the average car. At 65 mph on the freeway, they are harder to stop and even more dangerous to small passenger automobiles. Once attempting to stop, they are tougher to maneuver due to their size and mass. Weather and poor road conditions can also affect their maneuverability. Because of their characteristics, they generally result in devastating injuries to automobile occupants. Injuries such as traumatic brain injury, paralysis, disfigurement, and amputation are just a few of the serious injuries. In addition, these types of accidents also result in many multiple wrongful deaths.

To handle these vehicles, Title 49 of the Code of Federal Regulations creates detailed and narrow strict standards that govern truckers and their companies. In addition, the states have their own regulations to additionally protect the public. Regulations such as appropriate resting hours, proper truck load weight, and the vetting of their employees are just a few of rules that must be strictly applied. In some cases, the truck driver is not only negligent but has violated a federal regulation. An example would be overloading a truck or failing a required rest break. In a few states, both negligence and negligence per se would be available. Negligence per se will be presumed if the truck driver violates a safety statute, the injured party is part of a class the safety statute is attempting to protect and the violation is the direct and proximate cause of the accident.

Trucking Companies and Employees

The trucking companies themselves can be held liable under theories of vicarious liability or “respondeat superior.” These potential claims allow a trucking company to be liable for the wrongdoing of the employee even if the company did nothing wrong. The employee’s conduct, however, must be in the course and scope of their employment. Trucking companies owe a duty to automobile occupants to properly train and supervise their truck drivers. This would include making sure there are no falsification records to their log books or resting hours.This type of breach of their duties would create direct liability for the trucking companies.

For example, Federal and state regulations also require drug and alcohol testing. These regulations apply to all truck drivers who must carry a commercial driver license(CDL). The tests identify alcohol, marijauna, cocaine, opiates amphetamines, and PCP in the body.These tests fall into four categories: pre-employment, reasonable suspicion, random drug tests, and post-accident tests. Enforcement of these tests falls within the purview of a designated employer representative who must be appointed by the employer. Drivers are only permitted to perform safety duties if they return a negative result on a pre-employment test. Trucking companies must also research the drug and alcohol testing history which includes records from prior employers. As to reasonable suspicion, if the company suspects drugs or alcohol use, it must test that driver. In addition, random tests are performed under an acceptable scientific method without notice to the driver. After an accident, testing is required. It would also apply when a driver is cited for a moving violation that includes either towing at the scene or that involves required medical care away from the scene. A police officer may require an alcohol or drug test if he suspects impaired driving. This can be accomplished by either breath, blood, or a urine test. The amount of alcohol impairment is lower than for non-commercial vehicles. A prior OVI conviction can be used as evidence in a civil case for personal injuries to show negligence and negligence per se.

As mentioned, truck drivers must also follow federal regulations regarding hours of service.They must only drive 11 hours each day only after 10 consecutive days off duty. They can’t drive beyond the 14th hour in a row after coming on duty. They are not permitted to drive 60 hours in 7 days in a row, or 70 hours in 8 days in a row. Truck drivers who reach the 70 hours driving in a week may only be able to start again if they rest for 34 hours in a row. This stop has to include at least two nights, including at least two nights and includes the period from 1-5 a.m. Finally, they must take at least one 30-minute break during the first 8 hours of their shifts.

Do I Need a Personal Injury Lawyer After a Truck Accident?

As you can see, these regulations are very specific and a violation of any part of them can be part of the complaint. In addition, common negligence is also available as well as indirect liability of the trucking companies. Due to these potential claims a trucking attorney who specializes in these types of claims is essential. Usually the initial consultation is without a fee. That gives you the ability to meet an attorney and learn of all your options.

We offer completely free, no pressure initial consultations – and are happy to do so via video conferencing for your convenience. Having helped countless victims of negligence, we know that your life is completely turned upside down after an unexpected injury. Because of this, we understand that your financial condition may not be sufficient to afford the up front cost of aggressive representation. Our family of lawyers is fair, flexible and transparent with payment – and we will work with any situation. We are here to help, and that starts with you reaching out.

How Much Does a Truck Accident Lawyer Charge?

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It’s simple – at Sawan & Sawan, if we are unable to obtain compensation for you – we don’t get paid any fee. That’s the Sawan & Sawan no fee guarantee. Not. a. penny. Our family of lawyers believes in shared success. We fight tirelessly to obtain compensation for you, which is why we are so confident in our no-fee guarantee. We believe that results matter – so we put our money where our mouth is.