Smyrna is one of the fastest-growing cities in Georgia and a vital hub for transportation and logistics. Due to its strategic location, the city experiences heavy commercial truck traffic.
While commercial trucks are the backbone of the region’s logistics network, they pose significant risks to other road users due to their massive size and weight. To make things worse, trucking companies in Georgia often try to bend and break federal regulations in order to maximize their productivity and profitability. These regulatory violations tend to increase the likelihood of truck accidents even further.
If you have been injured in a truck accident in Smyrna, you need a capable and resourceful lawyer who can protect your rights and negotiate aggressively to get the compensation you deserve. At Miller Injury Trial Law, we have a proven track record of success in handling highly complex truck accident claims. We bring extensive legal skills and litigation experience to each case we handle and fight with a determination to hold negligent trucking companies and truck drivers accountable for maximum damages.
Call us today at 855-44MILLER to schedule a free consultation with one of our highly-rated Smyrna, GA truck accident lawyers.
Major Highways in Smyrna, GA
- Interstate 285 (I-285) – This is a major beltway that encircles Atlanta and provides crucial access to and from Smyrna. It’s considered one of the most dangerous roads in the country for truckers.
- Interstate 75 (I-75) – Running north-south, the I-75 is one of the primary highways connecting Smyrna to other parts of Georgia and beyond. It’s a key route for long-distance travel and freight transport.
- US Route 41 (US 41) – Also known as Cobb Parkway in the Smyrna area, US 41 is a significant north-south route that provides local access and serves as an alternative to the interstates for shorter trips.
Federal Regulations Governing the Trucking Industry
The trucking industry in the United States is governed by a comprehensive set of federal regulations that are enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations are designed to enhance safety, reduce accidents, and ensure fair practices within the industry.
The key regulations include:
Hours of Service (HOS) Regulations
HOS regulations limit the number of hours a truck driver can operate within a specific period. They are designed to prevent driver fatigue, which is a leading cause of truck accidents.
Electronic Logging Device (ELD) Regulations
These regulations require drivers to use ELDs to log their driving hours accurately.
Vehicle Maintenance and Inspection Regulations
These regulations mandate regular inspections and maintenance of commercial trucks in order to reduce the risk of mechanical failures on the road.
Weight Limits and Loading Regulations
These regulations set maximum weight limits for trucks and provide guidelines for proper loading and securing of cargo.
Drug and Alcohol Testing Regulations
These regulations mandate regular testing of truck drivers for substance abuse.
Many of these regulations are often disregarded by trucking companies in order to meet strict delivery deadlines and to increase profit margins. It’s one of the main reasons why truck accidents are so common in Georgia.
Why You Should Get Legal Representation Immediately after a Truck Accident
One of the first things you should do after a truck accident is to hire a skilled Smyrna, GA truck accident lawyer to handle your claim. At Miller Injury Trial Law, we emphasize the importance of early legal representation for several reasons.
Preserving the Truck’s Black Box Data
Commercial trucks are equipped with electronic logging devices, often referred to as black boxes, that record critical data like speed, brake usage, and driver hours. This information can be crucial in proving negligence on the driver or truck company’s part. Based on this, this data can be overwritten or lost if not preserved quickly. Early legal representation allows us to take immediate action and send letters of preservation to the trucking company and other parties to secure this vital evidence.
Collecting Other Evidence to Build a Strong Claim
Physical evidence from the truck accident scene could deteriorate or be lost forever if not collected and preserved in a timely manner. Similarly, witnesses could forget crucial details about the accident over time. With early legal representation, our lawyers can get to action right away and collect and preserve all the evidence needed to build a strong claim.
Handling Negotiations with the Insurance Company
One of the biggest advantages of early legal representation is that we can handle all communication with the insurance company right from the beginning. We can make sure you do not say or do anything that might affect your claim and you are not pressured into accepting a lowball offer.
Parties That Can Be Held Liable for a Truck Accident in Smyrna, GA
In Smyrna, GA, several parties can potentially be held liable for a truck accident, depending on the specific circumstances and factors involved. These include:
- The truck driver
- The trucking company
- Cargo loaders
- Maintenance and repair companies
- Manufacturers of defective parts
How Our Smyrna, GA Truck Accident Lawyers Can Help You Get a Fair Settlement
Georgia’s Direct Action Statutes (O.C.G.A. Section 40-2-140 and Section 40-1-112) allow you to name the truck company’s insurance provider as a defendant in your lawsuit, along with the truck company as well as other parties, if any. Depending on the facts and circumstances of your case, we are prepared to sue the insurance carrier directly to make sure that all available resources are on the table for negotiating a fair settlement.
Suing the insurance provider directly can expedite the claims process and increase the likelihood of obtaining a fair settlement. The insurance company may be more willing to settle fairly when they are made defendants in a lawsuit. By leveraging the threat of litigation and the potential financial consequences, we can get the insurance company to pay a settlement that adequately compensates you for all your damages.
Compensatory Damages We Can Recover for You in a Smyrna, GA Truck Accident Claim
- Current and future medical expenses
- Cost of long-term nursing care (in case of a serious and long-term disability)
- Lost earnings
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
Why Quick Settlement Offers from the Insurance Company after a Truck Accident in Smyrna, GA Should be Avoided
Long-Term Effects of Your Injuries
After a truck accident, your immediate focus might only be on visible injuries and immediate medical concerns. Stemming from this, some injuries might not be apparent right away and their full impact might only become evident weeks or months later. Moreover, traumatic brain injuries, spinal cord injuries, and internal injuries can have long-lasting effects on your health, ability to work, and overall quality of life. If you accept a settlement offer without knowing the potential long-term costs of your injuries, you might end up getting far less compensation than you deserve.
Insurance Companies Aim to Minimize Payouts
Following a truck accident, the topmost priority of the insurance company is to minimize the payout to the extent possible. They might capitalize on your immediate financial concerns, take advantage of your lack of legal knowledge, and force you into accepting a quick settlement that might not address your financial needs.
Losing Your Right to Sue
Once you accept a settlement offer from the insurance company, you generally forfeit your right to pursue additional compensation, even if your injuries worsen or new complications occur. This is one of the most important reasons why you shouldn’t accept any offer from the insurance company without consulting your lawyer first.
Choose Skilled and Resourceful Smyrna Truck Accident Attorneys to Maximize Your Financial Compensation
If you have been injured in a truck accident, you need a lawyer who is prepared to take on the trucking company and fight tirelessly to secure the compensation you deserve. At Miller Injury Trial Law, we have a deep understanding of Georgia personal injury laws and federal trucking regulations and also have a proven track record of success in the courtroom.
Our founder, Tanya F. Miller, is a former prosecutor who brings in-depth legal knowledge and dedication to each and every case she handles. Under her leadership and guidance, our legal team can provide you with the highest level of legal representation and go the extra mile to help you get the largest possible compensation. Call us today at 855-44MILLER or contact us online to schedule a free consultation.
