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 was riding a motorcycle and was struck from behind. Can I sue the driver?

I’m sorry to hear about your accident. If you are a motorcycle rider and you have been struck from behind while riding, you may wish to talk to one of the motorcycle accident attorneys at Holston & Huntley. A qualified Georgia motorcycle accident attorney can help you assess the merits of your case and help you determine the best course of action. It’s critical that you speak with someone as soon as possible, because the longer you wait, the more likely it is that you risk missing out on filing your claim due to an expiration of the statute of limitations.

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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 have been injured in a car accident with an elderly person in Atlanta?

The baby boomer population is quickly aging, bringing the number of senior citizen drivers over the age of 65 to an all-time high. It’s estimated that every day, 10,000 more people will turn 65. Elderly drivers are at a high risk of automobile accidents, with over 15 fatalities daily and 500 injury accidents daily.

Although senior citizens do have the benefit of a great deal of driving experience in most cases, aging can take a toll on the body and can affect driving. One huge contributor to automobile accidents among elderly drivers is a decline in vision. According to a survey done by the CDC, over 40 percent of drivers over the age of 65 admitted to restricting their own driving because of vision issues. Seniors also often have physical and cognitive impairments that can make it difficult to drive safely. Seniors may also be taking several different types of medications, which can affect the ability to drive.

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What should I do if my child was injured in a car accident in Atlanta?

Unfortunately, if your child was injured in a car accident you are in good company. Motor vehicle crashes are the leading cause of death for children between the ages of three and 14. Although seat belts and properly selected and installed car seats can go a great deal towards minimizing injuries, even the most diligent of safety precautions do not always provide complete protection for children. In many cases when a child is injured in an accident, however, the child is not properly restrained. It’s critical that as a parent, you use the proper car seat for your child’s age and size in every single trip in an automobile. 

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Can I sue if I am involved in an accident in an Uber vehicle? Who do I sue, Uber or the driver?

Any time you choose to ride in a vehicle operated by another driver, you are putting your safety in that individual’s hands. You expect the driver to operate the vehicle in a safe manner and to make wise driving decisions. You are also subjecting yourself to the whims of other drivers on the roads as well, without leaving yourself an opportunity to respond to any poor driving decisions they may make. 

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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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