A commercial truck accident in Kennesaw, GA can have life-altering consequences. Unlike car accidents, collisions involving large trucks usually result in catastrophic injuries due to the sheer size and weight of the vehicles involved. The physical and emotional toll can be devastating, leaving you with long-term disabilities, chronic pain, and mental health problems. Financially, the costs associated with medical treatment, rehabilitation, and potential loss of income can compound your challenges.
At Miller Injury Trial Law, we know the kind of impact a truck accident can have on your life. We have handled several complex truck accident claims over the years and are aware of the unique liability issues associated with these claims.
Call us today at 855-44MILLER to schedule a free consultation with one of our reputable Kennesaw, GA truck accident lawyers.
Major Highways in Kennesaw, GA
Major interstates and highways in Kennesaw, GA that are commonly used by truckers include:
- Interstate 75 (I-75): This major interstate runs north-south through the eastern part of Kennesaw. It provides access to Atlanta to the south and Chattanooga, Tennessee, to the north.
- US Route 41 (Cobb Parkway): Running parallel to I-75, US 41 is a significant local highway that connects Kennesaw to surrounding communities such as Marietta and Acworth.
- Georgia State Route 3 (SR 3): SR 3 runs concurrently with US 41 (Cobb Parkway) and serves as another important north-south route through Kennesaw.
Federal Regulations for Commercial Trucks in Georgia
Commercial trucks in Georgia are governed by federal regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). These regulations aim to reduce accidents, injuries, and fatalities involving large trucks by enforcing standards related to vehicle maintenance, driver qualifications, and operational practices.
- Hours of Service (HOS) Regulations: These rules limit the number of hours a truck driver can operate their vehicle within a given period to prevent driver fatigue. For instance, drivers are generally restricted to 11 hours of driving time following 10 consecutive hours off duty.
- Vehicle Inspection, Repair, and Maintenance: Trucking companies are required to perform regular inspections, repairs, and maintenance on their vehicles. This includes daily pre-trip inspections and periodic maintenance checks to ensure that vehicles are in safe operating condition.
- Driver Qualification Files: Motor carriers must maintain detailed records for each driver, including their qualifications, training, and driving history. This ensures that only qualified and competent individuals are operating commercial vehicles.
- Drug and Alcohol Testing: Trucking companies must implement programs for random, pre-employment, and post-accident drug and alcohol testing in order to make sure their drivers are not impaired while operating their vehicles.
- Commercial Driver’s License (CDL) Requirements: Drivers must possess a valid CDL that corresponds with the type of vehicle they are operating. This ensures that drivers have the necessary skills and knowledge to safely handle large trucks.
- Weight Limits and Cargo Securement: Regulations dictate the maximum allowable weight for commercial trucks and require securement standards for cargo to prevent accidents caused by overloaded or improperly secured loads.
Liability of Truck Companies for Violating FMCSA Regulations
Despite the rigorous safety standards set by the Federal Motor Carrier Safety Administration (FMCSA), trucking companies may violate these regulations from time to time. The most common reasons for regulatory violations include:
- Cost-Cutting Measures: Many trucking companies prioritize reducing operational costs over compliance. Adhering to FMCSA regulations, such as regular vehicle maintenance or employing qualified drivers, can be expensive. Companies might cut corners to save money, risking safety for financial gain.
- Pressure to Meet Deadlines: The competitive nature of the trucking industry often means tight delivery schedules. Drivers and companies might feel pressured to violate Hours of Service (HOS) regulations to meet deadlines, leading to driver fatigue and safety hazards.
- Inadequate Training and Oversight: Some companies might lack proper training programs or oversight mechanisms to ensure compliance with FMCSA regulations. Inadequate training can result in a lack of understanding of regulatory requirements, leading to unintentional violations.
- Negligence and Poor Management: Poor management practices and negligence can contribute to regulation violations. For example, failing to properly inspect and maintain vehicles can result in unsafe conditions and regulatory breaches.
Why You Need High-Powered Legal Representation from Our Kennesaw, GA Truck Accident Attorneys
Commercial truck accident claims are different from car accident claims and present certain unique challenges that can make the claims process more complex. Due to the high financial stakes involved, the defendants will usually fight back and dispute liability.
At Miller Injury Trial Law, our Kennesaw, GA truck accident lawyers have the skills, experience, and resources to take on large insurance carriers and powerful trucking companies, prove their liability through hard evidence, and recover the largest possible compensation for your injuries and losses.
Here are some of the reasons why truck accident claims are more complex:
Catastrophic Injuries and Severe Damage
Truck accidents are more likely to result in catastrophic injuries due to the sheer size and weight of commercial trucks. The impact of a collision with a large truck can cause extensive damage to vehicles and severe harm to occupants. Common injuries from truck accidents include:
- Spinal Cord Injuries: Severe impacts can lead to partial or full paralysis.
- Traumatic Brain Injuries (TBI): High-impact collisions can cause significant brain damage, leading to long-term cognitive and physical impairments.
- Multiple Fractures: The force of the accident often results in multiple broken bones, which can require complex surgeries and prolonged rehabilitation.
- Internal Injuries: The violent nature of truck accidents can cause severe internal damage to organs, necessitating urgent medical intervention.
The severity of these injuries often leads to longer recovery times and higher medical costs, complicating the claims process.
Higher Liability Insurance Minimums
Trucking companies are required to carry much higher liability insurance coverage compared to standard passenger vehicle policies. This is due to the increased risks associated with operating large commercial trucks. The higher insurance limits are intended to cover the extensive damage and injury potential in truck accidents. However, this can also complicate claims:
- Protracted Negotiations: Higher insurance limits mean that there is more money at stake, which can lead to more complex and prolonged negotiations with insurance companies.
- Increased Scrutiny: Insurance adjusters will scrutinize every detail of the claim more thoroughly to minimize their payout, often leading to more aggressive tactics to reduce the claim amount.
Aggressive Defense Tactics by Trucking Companies
Trucking companies employ powerful legal teams to defend against accident claims. These legal teams are skilled in minimizing their liability and reducing the value of claims through various strategies:
Denying Liability
The truck company might try to shift blame onto you or other parties such as other drivers or road conditions in order to avoid responsibility for the accident.
Disputing Facts
The truck company’s legal team might challenge the evidence presented, including the extent of injuries, the cause of the accident, and the damage claimed.
Devaluing Claims
Aggressive tactics might be used to undervalue your claims, such as disputing the necessity or cost of medical treatments and the impact of injuries on the victim’s life.
These tactics are designed to protect the financial interests of the trucking company and its insurance provider, which makes it essential for you to have strong legal representation.
The Importance of Accounting for Long-Term Medical Costs in a Truck Accident Claim
Truck accidents frequently lead to injuries that extend beyond the immediate physical harm and require ongoing medical attention. For example, a spinal cord injury sustained in a truck accident might result in partial or complete paralysis, requiring continuous medical care, physical therapy, specialized equipment, and potentially home modifications to accommodate mobility challenges. These costs can accumulate over years or even a lifetime, making it critical to include them in your claim.
Without experienced legal representation, you might be tempted to accept an early settlement offer from the trucking company’s insurance provider. These offers often appear substantial at first glance, but they might not account for the future costs associated with long-term medical care, rehabilitation, and other related expenses. Accepting such a settlement could leave you responsible for covering medical bills and other costs that arise long after your claim is resolved, creating financial stress when you are least able to handle it.
At Miller Injury Trial Law, we understand the importance of factoring in long-term medical costs when negotiating a truck accident claim. We can work with medical experts, rehabilitation specialists, and financial planners to accurately estimate the future expenses associated with your injury. We can make sure that your settlement reflects not just your immediate needs, but the long-term impact of your injuries as well.
The Role of Black Box Data in a Truck Accident Claim
When a truck accident occurs, one of the most valuable pieces of evidence that can be used to determine fault is the truck’s black box data. Similar to the black boxes used in airplanes, these devices capture crucial information about the truck’s operation in the moments leading up to and during the accident.
What Does a Black Box Do?
A truck’s black box records a wide range of data that can help piece together what happened during the accident. This includes:
- Speed: The speed the truck was traveling before and at the time of the crash.
- Braking: Whether and when the brakes were applied.
- Engine RPM: The engine’s performance, indicating whether the driver was accelerating or decelerating.
- Hours of Operation: Data that shows how long the driver had been operating the vehicle, which can be critical in identifying Hours of Service (HOS) violations.
- Seatbelt Usage: Information on whether the driver was wearing a seatbelt.
- Sudden Deceleration or Impact: Evidence of how and when the truck was involved in a collision.
This data can provide clear, unbiased evidence of what occurred, making it a critical tool in proving fault in your truck accident claim.
Injured in a Trucking Accident? Our Proven Kennesaw, GA Truck Accident Lawyers Can Maximize Your Compensation
Trucking companies and their insurers have powerful legal teams to deny or reduce their liability and you need an equally strong and resourceful lawyer on your side to level the playing field and get the compensation you deserve. Our founder, Tanya Miller, is highly rated highly by clients and peers alike. She has extensive experience in handling commercial truck accident cases and knows how to stand up to truck companies and their insurers and make sure you are not taken advantage of.
Call Miller Injury Trial Law today at 855-44MILLER, or use our online contact form to schedule a free consultation and case assessment.
