When You Need an Experienced Truck Accident Attorney in or Near College Park, Georgia We Can Help Immediately
If you or a loved one have been injured in a truck accident caused by a negligent trucker, commercial vehicle or trucking company, our experienced personal injury and trucking accident attorneys can help you today.
Located in Clayton County, Georgia, The Millar Law Firm has been helping College Park, Union City, Riverdale and Atlanta area residents recover the compensation you deserve in truck accident cases for over 31 years.
Call us today at 770-400-0000 and receive legal advice from an expert trucking accident attorney immediately. Our consultations are free.
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Why Are Truck Accidents Different and Why Hire a Trucking Accident Specialist?
Truck drivers are professionals who are to drive and operate large trucks and 18-wheelers to a higher standard than passenger cars. Truckers are supposed to be qualified and trained by their companies to adhere to safe driving practices, but sadly, many are not. Rear-end and sideswipe collisions caused by negligent truck drivers are commonplace, because truckers often fail to respect the additional distance required to stop and blind-spots that naturally exist around and behind large trucks.
Some attorneys or medical climics may claim to handle truck accident cases, but in reality they have either never handled a large, complex, trucking accident, or they intend to refer your case to another law firm – like us (The Millar Law Firm) with a reputation for winning large truck accident cases.
What Evidence Will an Experienced Georgia Truck Accident Attorney Look When Investigating a Wreck, and Why Does it Matter?
Large, heavy, truck and commercial vehicle accidents are rarely caused by an one single factor. Often these cases are what we call “system” cases, or systemic breakdowns. What does this mean? There are several common causes behind most truck accidents. We have found that the root cause of many truck accidents is not a single driving mistake, but the result of driver fatigue, negligent maintenance, defective or worn out equipment on truck, or improperly trained drivers.
Evidence that our trucking accident lawyers will look for in your case includes:
- Electronic and paper driving logs: Truck drivers are required to log their hours of driving service. The driver’s hours are to be strictly monitored by the trucking company. Unfortunately, efforts are sometimes made by drivers to exceed the safe hours of service, and are also sometimes willfully ignored by trucking companies or dispatchers. Safety is sacrificed to profit.
- Negligent or Improper Maintenance: Truckers and trucking companies are to keep records of all maintance performed on heavy trucks. This is to ensure that tractor-trailers and other large trucks are driving around on worn-out brakes and tires or other defective safety equipment.
- Evidence of Distraction: Was the driver using a cell phone or eating while driving? Mobile phone records and receipts can be obtained as evidence of a truck driver’s activities before and at the time of a crash.
- Tired or Sleepy or Fatigued Driving: One leading cause of truck wrecks is fatigued driving. A trucker’s medical history can be examined to determine if he or she suffers from chronic medical conditions, such as sleep apnea. In one recent case our law firm discovered that a driver who suffered from chronic sleep apnea had only used his CPAP machine for under 3 hours the night before a serious, but avoidable, collision.
- How The Load Was Secured: Improper loading or shifting of items being hauled can sometimes be a contributing factor to a driver losing control of a tractor trailer.
- Intoxication: After a wreck drivers are routinely tested for drug and alcohol use. Such tests should be obtained after any serious truck accident.
- Driving Too Fast For Conditions: Loss of control or “jack-knifing” of a large truck can be caused by driving too fast in icy, snowy or rainy conditions.
- Driver Qualification File: A trucking company should maintain a file with the drivers job and driving history, training records, and other qualifications. Not only is failure to maintain such a file a violation of the FMCSA regulations, it may be evidence of negligent retention, supervision and training.
- GPS Data: Global Position Satellite (GPS) data is available from most cabs and trailers. Our trucking lawyers generally obtain this data to determine for how long and how fast a trucker had been driving prior to a crash incident.
How The Millar Law Firm, College Park Truck and Commercial Vehicle Accident Lawyers Can Help You
As a result of the truck crash you may have experienced or suffered property damage, medical costs and expenses, lost wages, pain and suffering, and more. Our College Park area lawyers attorneys know the area and can quickly investigate your claim, gather strong evidence, and prepare your claim for negotiation with the insurance company. Our attorneys are also familiar with College Park’s law enforcement agencies and courts, and we use our established relationships with local experts and professionals to build the strongest possible case.
Other benefits of hiring our firm include:
- Personal Attention: We are not a “TV” law firm with an impersonal approach to your case. Your case and your injuries are unique. At The Millar Law Firm you and your family will get the attention you deserve.
- Record of Success: Our firm has battled and won settlements and verdicts against some of the largest trucking and delivery carriers and thier insurance companies.
- Experience and Training: Unlike some law firms that specialize in small car accident cases, we regularly handle crashes between passenger vehicles and semi-trucks and 18-wheelers. Your case deserves attorneys who know how to investigate and litigate large truck and commercial vehicle accident cases.
What are The Millar Law Firm’s Fees to Handle a Truck Accident Case?
Our dedicated truck accident law firm handles commercial and trucking accident claims on a contingency fee basis. We do not charge any money up front. You only pay legal fees if and when we recover money for you – in other words, you only pay when you win.
What Damages and Compensation Will I Be Eligible to Receive in a College Park Truck Accident Case?
In a Georgia truck accident case or claim, most victims or their families may be entitled to recover two general types of damages: Economic and Non-Economic Damages.
Economic Damages are the actual financial losses caused by a wreck. This will include medical bills, lost pay, vehicle and personal property damage, housekeeping, in-home health care and child care, modifications to vehicles or your house, or other monetary losses, sometimes known as your “out of pocket” expenses.
Non-Economic Damages are the compensation paid for pain and suffering (mental and physical), permanent injury, loss of enjoyment of life, disfigurement, loss of the full value of a life, and other damages for the inconvenience caused by the negligent person or company.
Damages for Wrongful Death: If you have lost a family member as a result of a trucking crash, you and your family may have a claim for the full value of the life lost, which includes lost enjoyment of life and compansionship, future lost earnings, and the medical and funeral expenses caused by the accident. We are here to help you through this difficult time.
How to Increase Your Chances of a Successful Truck Accident Claim
Many trucking companies or their insurance carriers send a team of investigators to the scene of a serious accident and go to work immediately looking for any piece of evidence that can help prove that the truck driver, or trucking company, was not at fault.
To increase your chances of reaching a successful truck accident settlement, our truck accident lawyers recommend the following:
Why You Should Consult an attorney before agreeing to a settlement with a trucking company or its insurance carrier
You should never cash an insurance check or sign an agreement without talking to a lawyer who can help you understand the value of your case. Insurance companies may offer a quick settlement after a truck accident to avoid paying the full cost, and you may not realize that you’re leaving money on the table until it’s too late. Once you have settled with or cashed the settlement check, it may be too late to re-open the case.
Why Experience Matters When It Comes to Truck Accidents
“Any” personal injury attorney can quickly settle a truck accident case. However, it can be more difficult to identify all of the parties and factors responsible for these accidents because there may be multiple potential defendants or causes involved. Trucking crash cases involve legal issues and safety standards that apply when an accident involves a professional driver working for a trucking company. To effectively fight for you, your attorney must have enough experience to understand the complexities and challenges of handling truck accident cases.
The trucking company already has an advantage when it comes to post-accident evidence because it has a team ready to go to the scene of an accident immediately. To help ensure that crucial evidence is not lost or destroyed, you need an attorney experienced in trucking accidents who knows what to look for and what may be missing or being hidden by the defense team.
What Types of Injuries Has The Millar Law Firm Handled in Georgia Trucking-Related Cases?
Serious and catastrophic injuries we have helped clients involved in passenger vehicle and truck crash cases include: Traumatic Brain Injuries (TBI), spinal cord injuries, back and neck disc herniations, scars and lacerations, broken and fractured bones, paralysis,mental and physical trauma, and wrongful death.
How Much Insurance Do Trucks Involved in Georgia Accidents Normally Carry?
Both the State of Georgia and the FMCSA (Federal Motor Carrier Safety Act) require trucks to carry higher limits than cars.
What is The Process For Handling Claims Against Trucking Companies?
Although each case is different, the process usually begins with notifying the at-fault driver, trucking company and insurance company. We will send notice requiring them to preserve all evidence, investigation and records relating to the driver and the accident. In many of the serious cases we handle we will employ an accident reconstruction team to begin investigating the physical causes of the wreck to determine who was at fault and why. We will examine the trucking company records for compliance with state and federal laws.
Our firm will work with you to determine whether to file lawsuit or negotiate with the insurance carrier while we monitor your medical condition and recovery. Our team will in some cases negotiate with the insurance or trucking company and settle your case if the offer is fair. If not, we will discuss filing suit and begin court proceedings.
Which Trucking Regulations Must Be Reviewed and Applied After a Truck Accident?
The large tractor trailers you see on Atlanta’s roads are regulated by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA publishes a field operators’ training manual and federal motor carrier safety regulations. The primary mission of the FMCSA is to create and enforce safety requirements, ensure compliance, and maintain records for all truckers and carriers operating in the country.
The FMCSA has field operations, service centers, and state-level motor carrier divisions in every state—including Georgia. Through its regulations, the FMCSA sets minimum standards for the safe operation of commercial vehicles, which cover all related personnel and business entities (e.g., drivers, owners, dispatchers, trainers, supervisors, and fleet managers). FMCSA regulations cover a wide range of requirements, including registration, permits, driver qualifications, hours of service, vehicle maintenance, financial responsibility, and safety
Any carrier or driver that fails to comply with FMCSA regulations may lose their licensing and operating authority. The FMCSA ensures compliance through regular audits on trucking companies and their drivers.
Some of the most important FMCSA regulations that are designed to prevent or reduce truck accidents include:
Though truck drivers have a duty to follow rules and regulations while operating their vehicles, trucking companies are also responsible for ensuring that their drivers and employees comply with federal and state regulations.
During an accident investigation, your attorney should look closely at the trucking company’s records and check for FMCSA violations. If the accident was caused by the driver, carrier, or any other party violating safety regulations, that evidence can be used to prove liability in your injury claim.
How Long Does a College Park Trucking Accident Case Normally Take?
When it comes to predicting exactly when you’ll get a check after a truck accident, there are no guarantees. Before you accept any payment from the insurance company or agree to any settlement, the full extent of your injuries, physical and mental recovery and expenses should be known. Assessing the full value of your claim can take time, but an experienced personal injury attorney can help with the process.
If the insurance company is unwilling to agree to a fair settlement, our truck accident lawyers will discuss with you whether to file a lawsuit.
How Long Do I Have to Settle My Georgia Truck Accident Case or File a Lawsuit?
In a Georgia truck accident case, the statute of limitations (SOL) for personal injury is two years from the date you were injured. This means that your case must either be settled within two years or a lawsuit must be filed. Filing suit preserves the claim beyond the two-year SOL. There are some exceptions to the two-year statutory period, such as when criminal charges are pending against an at-fault party or the victim is a minor or incapacitated. It is important to check with an attorney long before the two year anniversary of the wreck to see if any of these exceptions may apply in your case.
What if I am Being Partially Blamed For Being at Fault in a Georgia Truck Accident Case?
We can investigate your case or claim at no charge. In some cases the investigating officers make mistakes that can be overcome with additional investigation. And, in some cases you may still be able to recover if you are partly at fault under and because of Georgia’s law of comparative negligence. This means that you may recover, reduced by a percentage of fault determined by court or jury.
Experience and Focus: The Personal Injury Cases Handled by Our College Park Attorneys
Very organized and quick to respond
You Pay No Fee Unless We Win You Money
If you’re looking for a College Park truck accident lawyer, our attorneys can help. We put your best interests first.
When you hire us, we work on a contingency basis, which means that we don’t get paid unless we recover money for your claim. To learn more about your truck accident legal options, call The Millar Law Firm today at (770) 400-0000 or contact us online to set up a free consultation with one of our attorneys.