Commercial trucking is one of the most heavily regulated industries in the US. Trucking companies and drivers are required to follow strict federal safety regulations, from routine maintenance checks to limits on driving hours, which are designed to reduce the risk of accidents.
Despite these safeguards, devastating truck accidents still happen across Georgia. Too often, the reason is negligence – whether it is a trucking company cutting corners on safety, a driver pushing past legal driving limits, or a manufacturer failing to fix a dangerous defect. When these lapses occur, the consequences are often catastrophic.
If you have been injured in a truck accident, you need a legal team that can take on the trucking company and its insurers and fight aggressively for the settlement you deserve. At Miller Injury Trial Law, we have extensive experience in handling commercial truck accident claims and we are aware of the unique challenges involved in these claims. We know how to hold trucking companies and other parties accountable for their negligence and recover the damages you are owed.
Call us today at 855-44MILLER to schedule a free consultation with one of our highly rated Lawrenceville, GA truck accident lawyers.
Highways in Lawrenceville, GA
- Georgia State Route 8 (SR 8): Running through downtown Lawrenceville, SR 8 follows portions of Atlanta Highway and Pike Street and serves as a key corridor for local traffic.
- Georgia State Route 20 (SR 20): This highway passes through Lawrenceville and connects the city to Buford to the north and Loganville to the south.
- Georgia State Route 120 (SR 120): Stretching west toward Duluth and east toward rural parts of Gwinnett County, SR 120 is a major east-west route that supports both local and commuter traffic.
- Georgia State Route 124 (SR 124): Running north-south through Lawrenceville, SR 124 links the city to Snellville and Braselton.
- Georgia State Route 316 (SR 316): A significant four-lane highway, SR 316 connects Lawrenceville to Athens and serves as a key link between I-85 and the University of Georgia.
The Importance of Collecting and Preserving Evidence after a Truck Accident
Following a truck accident, collecting evidence should be one of your topmost priorities. Trucking companies and their insurers will scrutinize every detail of your claim and look for ways to minimize or deny liability altogether. To counter these tactics, it is important to gather and preserve evidence before it is lost, altered, or destroyed.
Black Box Data and Driver Logs
Black box data and driver logs are two of the most important pieces of evidence in a truck accident claim. Black box – also known as the event data recorder (EDR) – contains details about the truck’s speed, braking patterns, and driver inputs before the crash, which can be useful in determining how the accident happened and who was at fault. However, this data could be automatically overwritten after a certain period, which makes it essential to recover it as soon as possible.
Similarly, driver logs, which can be used to prove hours of service and other potential violations of federal trucking regulations, can be manipulated. In some cases, trucking companies might deliberately falsify these records to cover up their violations. Without timely intervention, this evidence could be tampered with.
Physical Evidence and Traffic and Surveillance Camera Footage
Evidence at the accident scene such as skid marks, vehicle debris, and damage to roadside objects can quickly deteriorate due to weather, traffic, and cleanup efforts. If not documented promptly, this evidence could be lost forever.
Similarly, traffic cameras and surveillance footage from nearby businesses or residences can be extremely useful in proving how the crash occurred. However, most security camera systems automatically overwrite their recordings after a short period. If this footage is not secured in time, valuable proof of the truck driver’s negligence could be permanently erased.
How Our Lawrenceville, GA Truck Accident Lawyers Can Preserve Critical Evidence
At Miller Injury Trial Law, we understand the urgency of preserving evidence in truck accident cases. When you hire us, we will act swiftly by deploying investigators to the crash site to document physical evidence, take photographs, and collect all available surveillance footage before it is lost.
We will also send spoliation letters to the trucking company and other relevant parties to preserve the black box data, driver logs, maintenance records, and other evidence needed for your claim. By acting quickly, we can gather the evidence required to prove fault and build a strong case, which can significantly improve your chances of getting the compensation you deserve.
How Trucking Companies Try to Evade Responsibility for Truck Accidents
Trucking companies often try to evade responsibility for accidents by claiming that their drivers are not employees, but independent contractors. This tactic is designed to shield them from liability and shift blame entirely onto the driver. The fact is that federal regulations and legal standards make it clear that trucking companies cannot simply avoid responsibility by labeling their drivers as independent contractors.
Why Trucking Companies Often Hide Behind the Independent Contractor Defense
Trucking companies in Georgia are required to carry high-limit liability insurance policies worth millions of dollars to cover accidents and injuries. In contrast, individual truck drivers, especially independent contractors, typically carry much lower insurance coverage.
If a trucking company is held responsible for a crash, its insurance company might have to pay substantial damages. By shifting liability to the driver, the company can minimize its financial exposure.
How Our Lawrenceville, GA Truck Accident Lawyers Can Counter the Independent Contractor Defense
The attorneys at Miller Injury Trial Law (MITL) know how to challenge this argument and hold trucking companies accountable. The key arguments we can make include:
FMCSA Regulations on Owner-Operators
The Federal Motor Carrier Safety Administration (FMCSA) says that trucking companies cannot transfer responsibility for compliance with safety regulations to their drivers, even if those drivers are designated as independent contractors. It says that the term ‘employee’ is also applicable to owner-operators who work for trucking companies and are classified as independent contractors.
It has also made it clear that trucking companies are responsible for making sure all their employees – including independent contractors – comply with FMCSA regulations.
Department of Labor’s Six-Factor Criteria for Independent Contractors
The US Department of Labor (DOL) recently updated the definition of the term ‘independent contractor’ and has come up with a six-factor list for determining whether a truck driver is truly an independent contractor. These include:
- Opportunity for profit or loss depending on managerial skill
- Investments by the worker and the potential employer
- Degree of permanence of the work relationship
- Nature and degree of control
- Extent to which the work is integral to business
- Skill and initiative
In a vast majority of cases, owner-operators who are designated as independent contractors might not meet the aforementioned criteria, as a result of which the trucking companies that hired them cannot evade responsibility for any accidents caused by them.
How We Can Fight against the Intimidation Tactics of Trucking Companies
Trucking companies and their insurers know that accident victims are often in a vulnerable position, as they have to deal with mounting medical bills, lost income, and the uncertainty of a legal battle. They often take advantage of this by using intimidation tactics to pressure victims into accepting lowball settlements.
One of the most common intimidation tactics used by trucking companies is hinting at the possibility of a long and expensive legal fight. They often tell victims that if they take the case to court, they might walk away with nothing. They exploit the fact that most personal injury lawyers have little to no trial experience and assume that victims – and their attorneys – will back down rather than endure a drawn-out legal process.
At Miller Injury Trial Law, we know these intimidation tactics inside and out and we know how to counter them. We prepare every case as if it’ll go to trial and make it clear to the trucking company and its insurers that we are ready to fight in court if necessary. In other words, when trucking companies try to bluff their way out of full liability, we call them on it and make sure that you are not pressured into accepting unfair settlements.
The Long-Term Consequences of Truck Accident Injuries – What You Need to Know
Truck accidents tend to be far more devastating than car accidents due to the sheer size and weight of commercial trucks. While a typical passenger vehicle weighs around 4,000 pounds, an 18-wheeler can weigh up to 80,000 pounds. The force of impact in a truck crash can cause catastrophic injuries that might change your life forever and leave you with long-term physical or cognitive disabilities that might affect every aspect of your life.
For instance, a traumatic brain injury (TBI) can cause lasting cognitive impairments, affecting your ability to think, remember, and regulate your emotions. Here’s how it can affect your life in the long term.
- Earning Potential – If you have trouble focusing, problem-solving, or communicating as a result of your injury, you might not be able to return to your previous job and might have to take a lower-paying job or stop working altogether.
- Marriage and Relationships – A brain injury can change your personality and make you more irritable, anxious, or prone to mood swings. If you struggle with emotional control, your relationships with your spouse, children, and friends might suffer.
- Social Life – Poor memory and issues with processing conversations can make social interactions frustrating and exhausting. You might find yourself avoiding gatherings or losing touch with friends who do not understand what you are going through.
- Overall Quality of Life – Everyday tasks that once felt effortless – like managing finances, following a recipe, or even remembering appointments – can become overwhelming. You might need ongoing medical care, therapy, and support to navigate daily life.
How Our Lawrenceville, GA Truck Accident Lawyers Can Ensure That You Are Compensated for Your Long-Term Injuries
At Miller Injury Trial Law, we understand that serious injuries can affect every part of your life, from your earning potential to your mental well-being. Unfortunately, insurance companies try to downplay the long-term impact of your injuries so they can pay you as little as possible.
We refuse to let that happen. Our legal team will build a case that fully accounts for every way your injury has affected and will continue to affect your life. When calculating damages, we will take into account a wide range of factors including your reduced earning potential, chronic pain and loss of mobility, loss of independence, impact on your marital and social life, and mental and emotional suffering.
To ensure that your compensation reflects the true cost of your injuries, we will work with top industry experts including:
- Medical Experts: To assess the extent of your injuries, necessary future treatments, and whether you will ever regain full function.
- Vocational Experts: To evaluate your ability to work and determine how much income you stand to lose over your lifetime.
- Economists and Financial Experts: To calculate the financial impact of lost wages, medical expenses, and long-term care costs.
- Life Care Planners: To outline what kind of medical care, therapy, and assistance you may need for the rest of your life.
- Psychologists and Mental Health Professionals: To provide expert testimony on the emotional trauma and psychological toll of your injuries.
Maximize Your Compensation with Our Lawrenceville, GA Truck Accident Lawyers
The consequences of a serious truck accident can last a lifetime. If you are facing a future filled with medical treatments, lost income, chronic pain, or diminished quality of life, you need a law firm that will fight for every dollar you deserve.
At Miller Injury Trial Law, we do not just seek quick settlements. We build strong, trial-ready cases designed to maximize your compensation. From working with expert witnesses to pushing back against the insurance company’s lowballing tactics, we will take all possible steps to recover the maximum compensation from the trucking company and other at-fault parties.
Call us today at 855-44MILLER or contact us online to schedule a free consultation with one of our skilled Lawrenceville, GA truck accident lawyers.
