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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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 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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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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Bus Accidents in Atlanta

Generally, riding on a bus is a fairly safe method of transportation. The size of the bus typically protects passengers in the event the bus is in an accident with a smaller vehicle. However, in some cases a lapse in the judgment of a bus driver, or a failure to perform the proper maintenance on a bus can result in a crash that can injure passengers on the bus.

Bus drivers are required by law to use the highest standard of care towards passengers, because legally bus drivers are considered “common carriers”, meaning that they transport passengers for hire. However, despite that requirement, Georgia bus accidents can happen and may lead to serious injuries or even fatalities.

According to the Federal Motor Carrier Safety Administration, at least 11,000 bus accidents occur every year in the U.S., which typically result in between 20,000 and 40,000 injuries. Most of the accidents do not involve fatalities. Among those bus accidents that do involve fatalities, the majority happen with young school children.

There are a number of factors that may contribute to an accident involving a bus. The bus may be poorly maintained. The bus driver may be under the influence of drugs and alcohol, or may simply be overworked and fatigued. The bus driver may not have been properly trained. Other drivers on the road may be to blame for the bus accident as well. There may also be third parties involved, such as manufacturers of defective vehicle parts, or negligent maintenance companies.

School bus drivers have very difficult jobs, and even the best trained drivers can make mistakes that would endanger the children in their care. Many accidents involving school buses in Atlanta do not occur while the bus is in motion – many occur while the bus is loading or unloading children. School bus drivers have a responsibility when allowing children to board and exit the bus.

If you have been injured or a loved one was killed in a bus accident, you should speak with a law firm with experience in handling complex personal injury attorneys. Bus accident cases can be much more complex than standard automobile accident cases. There are often many different entities involved, which depends on who owns the bus, who maintains the bus, which insurance companies are involved, and who employs the bus driver. All of these parties typically have expert attorneys on their side, in order to pay as little in damages as possible.

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.

Driving While Sleepy Even More Deadly than Previously Believed

A study recently released by the AAA Foundation for Traffic Safety found that drivers who get less than seven hours of sleep the previous night may want to think twice before getting behind the wheel. The study found that drivers who miss only one or two of the recommended seven hours of sleep nearly double their risk for a crash.

The study looked at 7,234 drivers who were involved in 4,571 crashes that required emergency medical treatment. Investigators in those crashes looked at a number of factors that could have contributed to the crash, including driver error and mechanical failure. The drivers in those crashes were asked about how many hours of sleep they had the night before and how much sleep they usually got.

The study found that the crash risk for drivers who did not get enough sleep increased steadily when compared with drivers who slept at least seven hours the night before. Drivers who got six to seven hours of sleep had 1.3 times the risk of crashing. Those who had five to six hours of sleep had 1.9 times the crash risk. Drivers who had four to five hours of sleep had 4.3 times the crash risk. Those drivers who had less than four hours of sleep the night before had 11.5 times the crash risk.

Most drivers who were surveyed said they believed that driving while drowsy is unacceptable, but almost a third of drivers admitted to doing so at least once in the last month. Although most drivers would not consider driving while drunk or driving while texting, there is not a similar public stigma with driving while sleepy. However, the study shows that missing two or three hours of sleep in a night puts a driver at the same risk of having a crash as a drunk driver.

Even if you don’t feel sleepy, if you have not had enough sleep the night before it may not be a good idea to take a trip – the study found that over half the drivers who were involved in crashes because of fatigue felt no symptoms before falling asleep behind the wheel. Among those drivers who did show symptoms of drowsy driving, the common signs included yawning and blinking frequently, not remembering the last few miles driven, and drifting in and out of the lane.

If you plan on taking a long trip, it’s important that you sleep for at least seven hours the night before the trip. Make sure to take a break at least every two hours. If possible, travel with a passenger who can take turns driving. Do not travel at night or other times during which you would normally be asleep.

If you have been involved in an automobile accident that you believe was caused by the other driver’s fatigue, 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 injured as a passenger on a motorcycle in an accident in Atlanta. What legal steps should I take?

If you have been injured in a motorcycle accident as a passenger, you are a victim no matter whether another driver or the motorcycle driver is at fault for the accident. A passenger on a motorcycle has no control of the situation and is helpless to prevent an accident. While many accidents occur due to the negligence of drivers on the road, a passenger on a motorcycle who is injured has a right to be compensated for his or her injuries.

Motorcycle accidents may occur involving multiple vehicles, or they may be single vehicle accidents. Some accidents are caused by other vehicles, while others are caused by the recklessness of the motorcycle driver.

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