Georgia Truck Accident Lawyers Blog

Truck driver fatigue is a factor in a significant number of truck accidents involving deaths and other injuries, according to the Federal Motor Carrier Safety Administration, the government agency generally in charge of promoting trucking safety. Consistent with the Bush administration’s continuing policy of protecting the interests of big business (at the expense of the public), in 2004, the federal government catered to the trucking industry and its lobby by changing the rules concerning hours that a trucker may drive. The rules actually increased the permissible driving hours and resulting trucker fatigue hazard. An article on the Insurance Institute For Highway Safety (IIHS) website even pointed out that since those new hours - in-service rules went into effect, truckers have been driving more hours and falling asleep more frequently.

Bureaucrats changing the rules, meant to protect the public, to circumvent congressional intent are nothing new to the current administration. We have seen similar conduct with respect to agencies like the Federal Drug Association (FDA). For instance, in January of this year, the FDA issued a proposed rule which directly contradicts Congress’ expressed intent when it passed the Food and Drug Administration Amendment’s Act of 2007 (FDAAA). Unlike the FDA’s proposed rule, Congress intended the duty to warn customers of a drug’s hazards rests with the drug company, who is in the best position to warn about problems associated with the drug. However, under the FDA rule, drug companies will enjoy more relaxed labeling requirements and will use the rule to claim immunity for failing to warn patients of potential drug hazards.

Our Atlanta personal injury lawyers know that truck accidents on Georgia’s freeways continue to leave a legacy of death, paralysis, closed head brain damage and other personal injuries for numerous innocent victims.
I have read that almost 5,000 people are killed each year in truck-related crashes. Because of their size and often dangerous pay loads, automobile accidents involving commercial trucks are devastating to pedestrians and occupants of other vehicles. I was recently reading about the increase in Mexican truck traffic on U.S. highways since the passage of the North American Free Trade Agreement (NAFTA). By way of a little history, a 1982 U.S. ban kept Mexican trucks off most of the highways of our southern border states, leaving truck accidents to the domestic trucking industry. However, even after NAFTA took effect in 1994, the ban held until a 2004 U.S. Supreme Court ruling removed the ban and opened wide the gates to Mexican truck traffic. Despite efforts by consumer organizations concerned about truck accidents, car accidents, exhaust pollution and other public-safety issues, eventually Mexico-based trucks were allowed freely onto America’s roads. Given the likely substandard condition of these trucks, the likely lack of regulation of that industry in Mexico and the likely absence of driver training one has to wonder what the future holds. The reality is that we are all at greater risk of car accidents.

There is a well-kept secret of the insurance industry - one unknown to most personal injury victims of car accidents, truck accidents, SUV roll-overs and other motor vehicle crashes: Namely, Georgia state law automatically includes “uninsured or underinsured motorist coverage” (UM/UIM) in the typical auto liability insurance policy. However, in Georgia, that is not the case if the policyholder rejects that coverage in writing at the time the liability coverage is purchased or renewed. Uninsured motorist coverage or Underinsured motorist coverage exists to provide the policyholder (and certain others) with protection from “the other guy” who either has no liability insurance coverage, or has less coverage than the total of all of the personal injury victim’s legal losses - - called “damages” - such as pain and suffering, mental anguish and so on. In Georgia, each policy should have a minimum of $25,000.00 of such UM/UIM coverage.

It has been our experience that uninsured motorist (UM/UIM) coverage is usually quite cheap. Given the number of uninsured drivers and drivers with the minimum required coverage ($25,000.00) on Georgia’s roads, this coverage is a bargain. It is our belief that because the coverage is cheap and the chances that they will have to pay uninsured motorist claims is high, insurance companies rarely try to sell this coverage and are more than happy to have you waive your right to the coverage. Never decline uninsured motorist coverage and always try to purchase additional coverage if possible.

Truck wrecks occur more often than one would think in and near a busy city like Atlanta. When they do occur people often sustain very serious injuries and many such accidents result in the death of innocent people. The injury lawyers in our firm have “seen it all” when it comes to the causes of these tragedies. These causes run the gamut and include everything from simply not paying attention to driving under the influence of drugs and alcohol. We have even had a case where the driver switched seats with another driver while speeding down an interstate highway with a trailer loaded with steel.

When evaluating an injury or death case a lawyer must consider which theories of liability he will employ to hold the driver and the trucking company responsible. These may include: (1) negligent hiring, entrustment or retention of a driver, (2) negligent inspection, maintenance or repair of the truck and violations of Federal Motor Carrier Safety Regulations. Many times, insurance companies that insure trucking companies actually make hiring decisions of drivers. Depending on the facts of a case, there may even be a negligent entrustment claim that can be made against the insurance company for the motor carrier. A good lawyer will leave no stone unturned when handling a truck wreck case.

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 10:

10. Is my case likely to settle or will it go to trial and, if so, how long will the process take?

Answer: Over 90% of all serious injury claims are settled by means of compromise. While every case is different and dependent upon the facts involved, most cases do settle but sometimes it takes considerable time to achieve a settlement. This is because there are always unique issues concerning whether the at fault defendant’s liability is indisputably established and whether they have sufficient insurance coverage to pay all damages caused by their negligence. If there is sufficient coverage, and damages are clearly demonstrated, settlements can occur on a quicker basis than those cases where liability is disputed and/or the damages are difficult to assess.

Many times, injured individuals have prior medical histories which complicate settlement discussions. If someone with a bad back is injured in a hypothetical automobile collision, in such a case it is always difficult to separate the wheat from the chaff. Was the back already injured such that the new injury merely constituted an aggravation and, if so, to what extent was the problem aggravated by the trauma? These are difficult questions to resolve and many time reasonable men can differ over the value of such claims. The good news, again, is that in 90% of all cases, a compromise is worked out and a settlement achieved.

The time it takes to resolve a serious injury case, again, is dependent upon the facts involved. The clearer the evidence the quicker the settlement. The more ambiguities are involved in the case with respect to the issue of liability for the damages and the damages, the longer the process takes.

Continue reading " Georgia Serious Injury Cases: Frequently Asked Question Number 10 " »

Our Atlanta truck wreck lawyers handle automobile accidents involving personal injury and death claims frequently. Many of those accidents involve tractor trailers owned and operated by trucking companies, also known as motor carriers. These trucking companies fall into two categories: (1) interstate carriers and (2) intrastate carriers. Interstate carriers are those that operate and carry cargo across state lines and intrastate carriers operate entirely within the boundaries of a particular state. Those trucking companies that operate across state lines are required to register with the federal government and comply with various federal laws. Intrastate carriers need only comply with state laws although some states have adopted federal regulations as their own. Lawyers who litigate truck wreck cases are familiar with these laws and carefully scrutinize the facts of a case to determine whether there has been compliance by the truck driver and the trucking company. There are very important differences between the federal regulations that apply to interstate carriers and those regulations that apply only to intrastate carriers, none the least is the difference in the amount of liability insurance they are required to carry.

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 7:

7. If the at fault driver has no insurance coverage whatsoever, can I recover for my injuries under my own policy?

Answer: The answer is yes but only if you have uninsured/underinsured coverage under your own automobile policy. If an at fault driver is driving illegally without insurance, he or she is considered to be uninsured by operation of law. There simply is no insurance coverage and therefore they meet the definition of an uninsured driver. Thus, if you are injured by an at fault driver who has no insurance coverage policy at all, if you have been wise enough to purchase uninsured/underinsured motorist coverage as part of your own policy, you can file a claim against your carrier.

The good news here is that the premiums for an innocent insured cannot be raised if a claim is made for uninsured motorist coverage. Thus, in a hypothetical case where an individual causes an accident and he or she has no insurance coverage, one can make an application under one’s own policy for uninsured motorist coverage without a rise in their premiums. The law forbids an insurance company from raising the premiums of their insured simply because a claim is made particularly in the context of a claim being made by an innocent third party who has done nothing wrong but has only made a claim for paid coverage, the claim being necessitated by the acts of an at fault third party.

All of our readers are well advised to review their insurance policies carefully to determine whether they have uninsured/underinsured coverage. If they do not, we would recommend that they meet with their insurance agent, review their budget and purchase as much uninsured/underinsured coverage as is possible. This type of coverage protects the policyholder from the situation where the at fault driver has no insurance coverage or is underinsured, meaning that they have less insurance coverage than would provide complete compensation for the damage inflicted. We encourage all of our clients to study their policies to make sure that they have carefully reviewed this very significant issue and in situations where the family budget will allow the purchase of such coverage, it is a wise investment and form of protection that may be needed and could be crucial in a particular case, particularly where serious injuries are involved.