I’m a truck driver who was injured in a crash in Atlanta. What are my legal options?

There are millions of tractor trailers registered for use in the U.S. that travel along the roadways moving products and equipment to where they need to be. The vast majority of truck drivers are very competent, careful, and highly skilled. For many truck drivers, trucking can be an intense profession that requires long days and weeks on the roads, which can lead to exhaustion. Trucking deadlines can be tight and the pressure to drive for longer periods than allowed may be intense, which can lead to catastrophic accidents for truck drivers.

Regardless of who is responsible for causing an accident involving a tractor trailer, drivers are entitled to receive compensation. Most commercial truckers are covered by workers’ compensation, even if they are at fault for the accident. Workers’ compensation typically provides coverage for medical care, disability benefits, partial wages, and vocational training if the trucker is prevented from returning to his or her former position after the accident.

In some cases, the accident may be caused by the negligent actions of a third party. In that case, the injured trucker can file a lawsuit against the responsible individual. The lawsuit can seek compensation for the damages and pain and suffering not covered under workers’ compensation. If a truck driver was killed, his or her family may also be able to pursue benefits under workers’ compensation, a civil lawsuit, or both. Continue reading

I am a truck driver and was injured in an accident in Atlanta. What are my legal options?

Atlanta is a major city and commerce hub, and every day thousands of truckers pass through on Atlanta’s freeways, highways, and city streets. Unfortunately, Atlanta has a reputation of having roads which can be dangerous for truck drivers. Drivers spend long days and weeks on the roads, which can increase the potential that they will experience fatigue and distractions. Tight deadlines when combined with fatigue leads to an increased risk of catastrophic accidents for truck drivers.

Many truck accidents have catastrophic results. The injured trucker may be unable to work for a significant amount of time. Some of the common injuries that can occur in commercial trucking accidents include back and neck injuries, brain injuries, amputations, spinal cord injuries, internal bleeding, and even death. Many of these injuries are life-long and will cost tens or hundreds of thousands of dollars in medical treatment.

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I was hit by a tractor trailer because it could not stop in time. Can I sue the trucking company or the driver?

Because of their massive size and weight, as well as the speeds at which they travel, tractor trailers or semi-trucks are difficult to bring to a complete stop, especially when needing to do so quickly. One of the most common causes of commercial trucking accidents is a failure to account for additional stopping distance. If a driver fails to take the necessary precautions to avoid an accident, the driver and his or her employer may be held liable for any damages that occur as a result.

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What are my legal options if I am injured in a car accident because of snow, ice, or sleet in the Atlanta area?

Fortunately for Atlantans, snow and ice are a rare event. Typically when they do occur we are given plenty of notice so that we can make our plans accordingly, and either stay home or allow ourselves ample time to reach our destinations. There are times, however, such as in 2014, that snow and ice can surprise hundreds of thousands of drivers on our roads, leading to countless numbers of accidents. 

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I was involved in an accident with a semi-truck that had a tire blow out. What are my legal rights?

There are strict federal regulations that require trucking companies and truck drivers to be conscious of the current condition of their vehicles. Daily records of the condition of the truck are required. If these daily inspections are done, and records properly kept, it should be easy to be able to see when more air needs to be added to tires, or when tires need to be replaced. The daily inspection reports must be kept on file for three months.

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What can I do if I’m in an accident with an uninsured driver or under-insured driver in Atlanta?

Even the world’s safest drivers can get into accidents. Because we have to share Atlanta’s highways with other drivers, there is always the risk of being involved in an accident and sustaining serious injuries or even being killed. In some cases, you may be properly compensated after your accident by the other driver’s insurance company. However, there are many irresponsible drivers on the roads that may be uninsured or under-insured.

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How does bankruptcy affect my personal injury case?

Bankruptcy and personal injury cases can go hand in hand. When an individual is involved in a serious car accident, slip and fall accident, or another type of accident, he or she is often unable to work for a time or permanently. This can lead to financial devastation, which can lead to bankruptcy. This can happen even though the injured party is expected to receive significant compensation in a personal injury claim.

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My loved one was killed in an accident involving a tractor trailer. Can I sue for wrongful death?

Typically, when a passenger automobile is involved in an accident with a tractor trailer, semi-truck, or other commercial vehicle, very serious injuries or death is the result. The weight of the truck and the speeds at which they drive can cause the truck to roll over in an accident, crushing other vehicles. In some cases, the driver may be negligent and the accident can be catastrophic, resulting in multiple deaths.

In many situations, fatal accidents involving commercial truckers may result in criminal as well as civil charges, holding the trucker, the trucking company, and other negligent parties responsible for the tragic loss of life. There are a number of situations that can cause fatal accidents involving large commercial trucks. Some common scenarios include the trucker falling asleep or driving while distracted, the trucker speeding or driving recklessly, the truck rolling over or jackknifing, and the cargo being overloaded and/or improperly secured.

There are a number of safety regulations mandated by the Department of Transportation, but those regulations are routinely violated. One of the areas that often is ignored by truckers and trucking companies is the regulations on hours that truckers can work. There are strict rules about how many hours truckers can drive within certain time frames set by the federal government. Those rules are in place in order to reduce the chances that truck drivers will push themselves too far while driving.

Trucking companies are often responsible for the accidents caused by their truckers. They may choose to hire unqualified drivers, or drivers with a long history of serious traffic violations. They may fail to properly inspect their vehicles or the cargo. In many cases involving serious tractor trailer accidents, the trucking companies as well as the truckers can be held liable for damages.

Fortunately, help is available for the family members of loved ones who are killed in accidents involving tractor trailers. Surviving family members can choose to file a wrongful death lawsuit. The lawsuit can help in two ways – first, it helps surviving family members receive financial compensation for the loss of a loved one. The other way it helps is by ensuring justice on those who wrongfully killed your loved one.

If your wrongful death lawsuit is successful, you can recover compensation for a variety of expenses, including medical bills, lost wages of your loved one (both past earnings and future earnings), pain and suffering, funeral costs, and compensation for pain and suffering of the surviving family members.

If your loved one was killed in a tractor trailer accident in the Atlanta area, you should speak with an attorney about your legal options. Call the Atlanta personal injury attorneys at Holston & Huntley, LLC. We will provide you with a free consultation on your case, and if we choose to take your case you pay us nothing unless we obtain a recovery for you. Call us today at 1-888-513-0004 consultations are free and you are under no obligation to use our services. We serve Metro Atlanta Georgia as well as Birmingham Alabama including surrounding areas.

I was hit by a speeding tractor trailer in Atlanta. Should I sue the driver or the trucking company?

Speeding on the roads can greatly increase the potential of an accident. If a tractor trailer, 18-wheeler, semi-truck or another large commercial vehicle is driving at dangerous speeds on the freeways and highways of Atlanta, a serious accident can occur. The huge weight of a large speeding truck can greatly shorten the time that the trucker has to react to stop the very heavy vehicle in time. Truckers must drive at or below the speed limit because of the extra braking distance required with the extra weight that trucks carry.

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