What Makes Atlanta Truck Accident Cases Different from Standard Car Accident Claims?

Truck traffic is a constant on the highways and interstates in and around Atlanta. A driver needs only to travel up and down I-75 to notice a never-ending convoy of large trucks. While these trucks provide a necessary service in delivering goods in a timely manner, they also present a certain degree of risk to motorists traveling alongside them. 

Atlanta is a major transportation hub not only for air travel but for commercial and large trucks, as well. The sheer number of trucks moving about makes it increasingly likely that area motorists will have a run-in, literally, with one of these trucks. When that happens, an injury victim must know how to proceed. 

Distinguishing between a standard car accident and a truck accident is essential to achieving whatever goals an injury victim has for themselves within a claim. From additional parties to consider a different mindset from insurance companies, truck accident cases require an intentional mindset. 

A Difference in Size When It Comes To Truck Versus Car Accidents

The sheer size difference between a truck accident and a standard car accident is substantial. When a passenger vehicle is involved in a truck accident, there is no doubt which party tends to suffer worse property and bodily damage. A collision with a truck will almost certainly destroy a passenger vehicle and cause serious, if not life-altering, injuries to the driver of the passenger vehicle. 

From spinal cord damage to broken legs to traumatic brain injuries, trucking accidents in and around Atlanta have been known to badly injure innocent drivers who were attempting to mind the rules of the road. 

On top of the injuries suffered in the trucking accident, medical bills begin to pile up after the accident is over. Emergency care, extended hospitalizations, surgery costs, physical therapy, and even modifications to a home may be necessary for an injury victim after a trucking accident. 

There are a lot of moving pieces in an Atlanta trucking accident case. Being able to recover damages after being injured due to the negligence of a truck driver means accounting for all damages suffered in a case. The complex nature of a truck accident case requires an examination of the different laws that apply to truck drivers as opposed to passenger vehicle drivers. 

Truck Driver Regulations On Everything from The Qualification of Drivers to Vehicle Maintenance

Federal laws apply to truck drivers that do not impact passenger vehicle drivers. When a truck driver violates one of these regulations, there are significant penalties that apply to the driver and even their employer. On top of those penalties, violation of these regulations acts as evidence in proving negligence while substantiating damages alleged in a trucking accident case. 

Truck drivers must be licensed to drive their vehicles, have a driving record that is above a certain threshold, and pass various tests to be able to get behind the wheel of a truck. When a trucking company hires a driver who falls short in one of these categories, an injury victim may have an additional claim to pursue against that employer. 

More so than passenger vehicles, commercial trucks must be inspected on a regular basis to determine if repairs or maintenance are needed. Before a driver leaves for a job, an inspection must be performed to determine if any issues need to be addressed prior to departure. Inspections also occur once a trip has been completed. The heavy loads carried by trucks, combined with the sheer volume of miles that each vehicle is on the road, make maintenance-related accidents occur commonly. 

Comparative Negligence in Georgia and Its Impact on Trucking Accident Cases

As long as an injury victim is less than fifty percent at fault for an accident, Georgia law allows that he or she can recover damages in a trucking accident case. Once a person is found to be fifty percent or more at fault for an accident, then no recovery is possible. For example, if a trucking accident victim is found to be 15% at fault for having caused the accident, their recovery for damages would be reduced by 15%. 

Even more than in standard car accident cases, the insurance company for the at-fault truck driver will do everything possible to try to place blame on the injury victim. To the smallest detail, the insurance company’s attorneys will attempt to make arguments early and often that a small, seemingly insignificant aspect of the accident shifts fault from their driver onto the injury victim. 

Examples of liability shifting in a trucking accident case include arguments that the passenger vehicle driver was speeding, did not signal before making a lane change, or was tailgating the truck. A combination of all these arguments can be pursued in order to push the comparative liability of the passenger vehicle driver above the fifty percent threshold. 

The Early Bird Gets the Worm: Protecting Valuable Evidence Means Acting Quickly

Evidence in an Atlanta truck accident case tends to be hard to track down after the collision takes place. A truck driver, immediately after an accident, will contact their employer and any other relevant party to inform them of the accident. From there, the employer can begin to formulate a plan regarding evidence and how to withhold or even destroy it in certain circumstances. 

To avoid a situation where valuable evidence is destroyed by a trucking company, be sure to speak to an experienced Atlanta truck accident attorney. A preservation of evidence letter should be sent, which forbids a trucking company from destroying, altering, or hiding evidence relevant to a case. Instead of waiting to send this type of letter, those injury victims who are the most prepared waste no time in sending that letter to a trucking company.

Contact an Atlanta Truck Accident Attorney For a Free Case Review

Turn to Mabra Law after suffering an injury in an Atlanta truck accident. Our team of legal professionals puts our clients’ interests first and works tirelessly to achieve their goals. Contact our office today for a free case review.