Truck Accident Injury Lawyers Marietta Ga
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Trucking accidents in the State of Georgia are unfortunately anything but a rare event. In fact, about 6,691 truck collisions occur in the state of Georgia every year, which causes about 5,364 injuries and 235 deaths. For those drivers who are fortunate enough to survive such terrible accidents, they are often left with catastrophic injuries such as brain damage, spinal and neck injuries, amputation, multiple fractures, and neurological disorders. Naturally, victims of these types of catastrophic wrecks will need extensive and expensive medical treatment. This is why it is essential to hire an experienced attorney with specialized training with trucking cases. With a Jackel & Phillips attorney on your side, clients can collect the compensation they need during this emotional and traumatic period. By law, all large trucks, tractor trailers, and tanker trucks must carry sufficient insurance for this purpose. Getting hurt in a trucking wreck can change your life forever. It may cause serious injury or, in some cases even result in death. Big Trucking insurance companies make lots of money by delaying and denying your claim. Their goal is to pay nothing or as little as possible to you. You don’t have to let them.
Jackel & Phillips handles a broad range of personal injury litigation cases for those who have suffered injury due to trucking wrecks through no fault of their own. We have specialized training and experience to ascertain the issues and will help you navigate your case through the litigation process with a proven track record of results. Trucking cases are difficult and involve a complicated process of discovering the root cause of the wreck. You need an attorney with a firm understanding of the pitfalls of trucking litigation issues, some of which are discussed below.
WHAT ARE COMMON CAUSES OF TRUCKING WRECKS IN THE STATE OF GEORGIA?
Naturally, the first step in any trucking accident case which is caused by another is to determine what was the basic cause (or causes) of the wreck. It may be more complicated than you think. Such “causes” may be as simple as driver inattention or as complicated as a defective repair which does not manifest itself until months after the actual repair work. Generally, causes of trucking wrecks involve one, if not more, of the following:
- Driver negligence or inattention;
- Driver fatigue due to “hours of service” violations;
- Improper use of cell phone and/or texting while driving;
- Under-trained or inexperienced truck driver;
- Excessive speed;
- Failure to keep proper lookout ahead;
- Unrealistic driving schedules;
- Inadequate or improper truck maintenance;
- Defective truck;
- Defective roadway;
- Negligence on the part of another driver;
- Improper loading;
- Improperly secured load;
- Hazardous weather conditions (truckers are bound by law to use extreme care when driving in adverse conditions like rain, mist, snow, fog, ice or smoke);
- Poor visibility; and,
- Driver Fatigue (see below).
A SPECIAL NOTE ABOUT DRIVER FATIGUE
Driver fatigue is often a contributing factor in trucking accidents and should not be overlooked. Fatigue can impair judgment and slow down a driver’s reaction time, so fatigue is often a part of the cause – but not the entire cause – of the accident. In a nutshell, a well-rested and alert driver may be able to avoid an accident whereas a tired driver may react too slowly to avoid that accident.
Driver fatigue can be the result of a truck driver staying on the road too long and violating the Hours of Service (HOS) laws. It can also be the result of many other problems including:
- Hazardous weather;
- Irregular sleep schedule;
- Health problems;
- Poor diet;
- Problems at home;
- Unrealistic schedules imposed by trucking company;
- Noisy or dangerous parking areas making it difficult to sleep; and,
Naturally, a thorough attorney should not stop at determining whether a driver was, in fact, fatigued at the time of the wreck. In many cases, it is necessary to uncover why the driver was fatigued in order to prove who is truly responsible for the accident. Trucking companies are notorious for imposing unrealistic deadlines and unrealistic schedules on their drivers. Some trucking companies may even encourage their drivers to break the law and falsify their time-log entries so that they can drive for longer periods of time than are allowed in order to comply with their unrealistic schedules.
GOING THE EXTRA MILE FOR YOUR CLIENT
While often times a trucking wreck is easily attributed to driver fatigue or associated factors, it simply is not good enough to say that the driver was tired or intoxicated or that some part of the truck, such as the brakes or the tires, failed. In order to determine who was responsible for your accident, a thorough attorney must determine the underlying causes of the wreck and go that “extra mile” for his or her client. A thorough examination of the case, for instance, often involves finding the answer to a multitude of questions, such as:
- Was the driver fatigued because the trucking company required him to meet unrealistic deadlines?
- Did the trucking company properly monitor the driver for intoxication and substance abuse, or did it encourage the driver to use drugs to stay awake and drive longer hours?
- Did the brakes fail because the trucking company failed to properly maintain the truck?
- Did the tires fail because they were faulty when they were purchased?
- Were the tires properly inflated?
- Was the truck manufactured, repaired or designed in a negligent fashion?
WE CAN HELP
If you have been injured or a loved one has been injured or killed in a trucking accident in Atlanta or anywhere in Georgia, please contact us today for a free consultation. We handle trucking accident cases on a contingency fee basis. Our firm charges a reasonable percentage of the recovery if we win the case or obtain a settlement. If there is no recovery, you will not owe us attorney fees. If we represent you in a trucking accident case, we will also advance all court costs and other expenses necessary to pursue the case. If you have been injured as a result of a truck accident in Georgia, we want to help you get the justice you deserve.