If you've suffered serious injuries or lost a loved one, an Atlanta injury lawyer can help answer your questions on how to win your personal injury claim in a Georgia personal injury court!
At S. Burke Law we are here to help give answers to these important questions. Our Frequently Asked Question database covers the common questions you may have regarding what to do after a serious accident, how to file a claim in personal injury court, and tips on how to win your personal injury claim. When researching information on the legal process following a serious accident you want legitimate advice from a source you can trust.
When you’ve suffered serious losses and damages from an accident due to the negligence of another you aren’t alone. An Atlanta injury lawyer from our office is always available to answer additional questions not addressed on our page. Contact us for a FREE consultation and get the answers you need to seek compensation for your losses!
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Is it legal for the trucking company to destroy evidence after a truck accident?
It is never legal for anyone, including a trucking company, to destroy evidence after a truck accident. This is called tampering with evidence, or spoliation of evidence, and it carries serious penalties. It is considered a felony and is punishable by fines and years of imprisonment. Each act of evidence destruction may be treated as a separate offense. Destroying evidence is also against trucking regulations.
Although it is illegal to destroy evidence connected with a crime or court case, many trucking companies do it to release themselves of any liability. Trucking companies often have millions of dollars in insurance liability, so they have a lot to lose if they are held liable for a truck accident. This is why you need the help of a knowledgeable truck accident attorney who can advise you how to defend yourself against someone who is trying to deny fault.
Trucking companies can cover a truck accident and driver in the following ways:
- leave the scene of the truck accident;
- remove any property damaged in the accident; and
- throw away or delete any evidence of the truck accident.
A truck accident attorney can review your case and let you know what you are entitled to. He or she will also inform you of what to do if the trucking company goes against trucking regulations and destroys any evidence in connection with the case.
If you were involved in a truck accident and live in the Atlanta area, you should contact truck accident attorney Sheryl Burke of S. Burke Law. Sheryl and her staff will treat you like family and give your case the attention it deserves. Contact her today at 1-404-467-0909.
What type of parties may be held liable if I was involved in a Georgia truck accident?
Commercial truck drivers and companies are responsible for making sure their trucks, cargo and drivers are safe and suitable for travelling on public roads, highways and streets. Unfortunately, this does not always happen, and as a result, a truck accident in Georgia can occur, leaving innocent victims seriously injured.
While there are many different types of truck accidents that can occur, there are just as many people who can be held responsible. Many common liable entities in a truck accident include:
- the driver;
- the trucking company;
- the truck manufacturer;
- the truck maintenance person;
- the cargo manufacturer and
- the person who loaded the cargo.
It takes a skilled and experienced truck accident lawyer to lead a comprehensive investigation that can determine who is liable in a truck accident. In fact, there may be more that one factor that contributes to a truck accident. It is important to get evidence to support your claim and to help determine whose fault it was. No matter how the accident occurred, it is vital to get the legal help you need to assist you in paying for medical bills and other expenses after a truck accident.
Contacting a Truck Accident Lawyer in Atlanta
If you are the victim of someone else’s negligence or carelessness, whether in a traffic accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case – 1-404-842-7838.
What should I do after a truck accident in Georgia?
A crash takes most everyone involved by surprise. When it is a truck accident with a big rig, the results can be more than surprising, they can be catastrophic.
Victims of these types of accidents need to ensure their legal rights are protected. It is important to talk with a Georgia truck accident attorney as soon as you are able, to know what legal options are available to you.
In the meantime, there are 5 basic rules you should remember.
- Get immediate medical attention. Even if the injuries appear to be minor, it is imperative to have a medical record of your physical condition.
- Contact police. One of the first steps you need to take is to call the police. Its best for law enforcement to arrive as quickly as possible so they can assess and document the accident scene before it is compromised.
- Talk as little as possible to the truck driver. An inadvertent comment made to the truck driver, such as “I’m sorry,” may be used against you in a lawsuit.
- Get important information from the truck driver. Things you need are name, address, telephone numbers, driver’s license number and the state it was issued in, license plate, make and model of the truck, and insurance identification.
- Talk to an attorney before discussing anything with the trucking company’s insurance provider. Information you give to the insurance provider may be used to lessen your claim.
You do not have to provide a statement or sign consent forms, especially before consulting with a truck accident attorney.
Contacting a Georgia Truck Accident Attorney for Legal Help
An accident involving a commercial vehicle can change your life. If you are a victim, know what their rights are under the law. Talk with an attorney who can provide you with expert legal advice. Contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your case. Call 404-842-7838.
What should I look for in a Decatur personal injury lawyer to handle my truck accident in Georgia?
There are several things that you should look for when hiring a Decatur personal injury lawyer to handle your truck accident in Georgia. Perhaps the most important thing is if he or she has experience with truck accident cases.
Since truck accidents differ from car accidents in several ways; hiring a lawyer who focuses on these types of cases can improve your chances of a successful outcome. A good lawyer has experience working with the trucking company's insurance company and investigating truck accidents.
You should also look for an attorney who understands the injuries and financial losses you sustained during your truck accident in Georgia. If your Decatur personal injury lawyer is able to explain your injuries in your claim, this may help your case.
Finding a lawyer you can communicate with is extremely important. You have a lot riding on your truck accident claim. You need to hire a lawyer who will take the time to provide updates on your case and answer any questions you may have.
Choosing a Decatur personal injury lawyer after a truck accident in Georgia can be intimidating. You should meet with several lawyers in order to make your decision. During your meeting, ask about their experience with truck accident cases and their success rate.
You should also hire a lawyer who you feel comfortable with; after all, you will be working with this person for an extended period of time while trying to resolve your truck accident in Georgia personal injury claim.
Contacting a Decatur Personal Injury Lawyer
If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 1-404-842-7838.
What is a third-party negligence claim in relation to a truck accident in Atlanta?
Sometimes, in addition to the 2 drivers involved in a truck accident in Atlanta, there can be a third party that may hold some legal responsibility in a negligence claim. If you were involved in a truck accident, especially if a third party might be involved, you'll likely need personal injury representation, so contact a lawyer to discuss your case.
If there was a third party whose negligent actions contributed to your accident, that party can be held legally responsible for the accident when you file a negligence claim.
For truck accidents in Atlanta, a third party might be:
- a person (like a property owner); or
- an entity (such as a manufacturer.)
If your truck accident occurred while you were on the job, in addition to your employer, there may be a number of other parties that owed you a legal duty and therefore could be held responsible for their negligence.
Fortunately, in these third-party negligence claims, there is no GA law that caps how much compensation you can receive from the settlement, unlike with Workers' Comp claims.
If you were involved in a truck accident in Atlanta and sustained serious injuries, it's prudent to explore other claim options. Particularly if your injuries have caused long-term physical and emotional damages and have left you unable to work, you owe it to yourself and your family to exercise your rights and seek the any recompense you're entitled to.
It's likely that you haven't explored all your options yet. Your best bet is to look into getting personal injury representation; contact a lawyer who can investigate your accident and see if a third-party negligence claim may be applicable for you.
Contacting an Atlanta Personal Injury Attorney
If you are the victim of someone else's negligence or carelessness, such as in a truck accident in Atlanta, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 1-404-842-7838.
Will it be considered negligence if the truck driver involved in my truck crash in Decatur was driving aggressively right before the accident?
Yes, your truck crash in Decatur can be considered a result of negligence if the truck driver involved was driving aggressively before it occurred. A Decatur, GA personal injury lawyer will take the time to evaluate your case carefully and determine what type of negligence was the cause.
Aggressive driving can come in many forms. One type is speeding, whether there is no reason behind it or if it's done to get a load of products somewhere in time. Speeding can be especially devastating in a head-on collision or if a truck takes a sharp turn. This can lead to the truck jackknifing, resulting in a rollover or crushing another vehicle.
Tailgating is another form of aggressive driving. If the vehicle in front of the truck slows down or stops, this can lead to devastating consequences in a truck crash in Decatur.
If a truck driver makes frequent lane changes, this is yet another form of aggressive driving. Weaving in and out of traffic can lead to an accident.
Driving while impaired from drugs or alcohol could be considered another type of aggressive driving.
A Decatur, GA personal injury lawyer will be able to analyze the details of your truck crash in Decatur and determine if aggressive driving or another type of negligence was the cause.
You may be entitled to receive compensation for your medical care and treatment, lost wages, pain and suffering and any other losses suffered as a result of your truck crash in Decatur.
Contacting a Decatur, GA Personal Injury Lawyer
If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 404-842-7838.
The police said the driver in my truck accident in Georgia was texting right before the crash. Are there any laws that prohibit truck drivers from texting while driving?
Yes, there are laws prohibiting truck drivers from texting while driving. I you have been injured in a truck accident in Georgia and the police said the truck driver was texting before the crash, you may be able to receive compensation in a truck accident claim.
Federal Ban on Texting While Driving for Commercial Truck Drivers
Texting while driving is a serious distraction for drivers. On January 26, 2010, the U.S Department of Transportation (DOT) issued a federal ban on texting while driving for commercial vehicle truck drivers.
Designed to make the roads safer, the ban on truck drivers texting while driving can significantly reduce distracted driving. Violation of this federal ban could result in civil penalties or criminal penalties up to $2,750.
Dangers of Texting While Driving
The Federal Motor Carrier Safety Administration (FMCSA) reports that when a driver is texting while driving, on average their eyes are not on the road for approximately 4.6 seconds out of every 6 seconds.
Additionally, a driver is 20 times more likely to be involved in an accident if texting while driving compared to a driver who is not distracted. Clearly, this type of distracted driving poses a significant danger, and the danger is amplified for a truck driver travelling at high speeds.
If you have suffered injuries from a truck accident in Georgia, seek legal counsel to learn about your rights. An Atlanta truck accident lawyer will examine your case, including any evidence that will be helpful, such as a police report indicating the truck driver was texting while driving. While you recuperate, an Atlanta truck accident lawyer will build a substantial case to help you recover damages.
Contacting an Atlanta Truck Accident Lawyer
If you are the victim of someone else's negligence or carelessness, whether in a truck accident or some other type accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you deserve to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 404-842-7838.
When can a trucking company be liable for a Georgia truck accident?
In certain circumstances, Georgia trucking companies can be found negligent in connection to a truck accident involving one of their drivers. This liability is due to their status as employers responsible for the actions of an employee who is on the job.
Some of the factors leading to trucking company liability after a Georgia truck accident include:
- if the truck driver violated hours of service regulations;
- if the truck driver's license was revoked, suspended, or cancelled at the time;
- if the truck's load was unsecured;
- if the truck itself caused the accident due to poor maintenance; and/or
- situations involving licensing, drug testing, or other issues surrounding the truck driver.
Your Atlanta truck accident lawyer can look at the specifics of your accident and begin requesting important evidence from the trucking company itself to determine if trucking company negligence took place, and if the company can be held liable for your Georgia truck accident injuries.
Working with an Atlanta truck accident lawyer can make a huge difference in the outcome of your claim. This is especially true when it comes to truck accident evidence, as trucking companies are allowed by law to dispose of certain evidence within a short time of the accident. Although they are supposed to retain evidence, if they believe litigation surrounding the truck accident will result, many times the evidence is "accidentally" destroyed or lost, leaving you in difficult circumstances.
If the trucking company does destroy evidence, such as the log books, GPS device, or onboard recordings of the accident, you may have no way of proving the negligence of the trucking company and getting the compensation you need and deserve for your medical bills, lost wages, and other accident expenses.
Contact an Atlanta truck accident lawyer today to learn about your legal options and start the claims process.
Contacting an Atlanta Truck Accident Lawyer
If you are the victim of someone else's negligence or carelessness, whether in a truck accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you need to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 404-842-7838.
I was injured in a truck accident in Georgia and I want to know; who regulates trucking companies?
The Federal Motor Carrier Safety Administration (FMCA) regulates trucking companies. Since most trucking companies operate on an interstate basis, trucking laws are set on a national scale. The same is true for trucking companies that may operate throughout the state of Georgia.
Trucking laws provided by the FMCA take into consideration a wide array of factors that can impact truck driver performance when on the road, including:
- truck driver hours;
- driver license requirements;
- training requirements; and
- safety and health standards.
Since Georgians share the road with truck drivers, it's only natural to expect safe behavior from trucking companies and truckers. FMCA trucking laws help address fatigue-induced accidents by restricting trucker drive times to 11 hours or less, to be followed by a 10-hour off-duty period.
FMCA trucking laws also require truck drivers to complete a Longer Combination Vehicle (LCV) training course and be subject to skills tests and written assessments. In addition, FMCA trucking laws dictate that truck drivers must possess a Commercial Driver's License.
If a trucking company is caught using a disqualified driver, it can be subject to criminal and/or civil penalties. FMCA trucking laws mandate that fines upward of $25,000 be imposed. Drivers can be held financially liable for violating FMCA trucking laws regarding licensing and qualifications, but to a lesser degree.
While FMCA trucking laws may help cut down on many preventable crashes, Georgia truck accidents still occur. If you've been injured in a truck accident in Georgia, you'll want a Georgia truck accident lawyer to represent you in your pursuit for fair compensation.
Contacting a Georgia Truck Accident Lawyer
If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case.
In addition to federal trucking regulations, does Georgia have any state regulations regarding trucks?
Georgia has one state regulation regarding trucking, although it's somewhat limited in scope. Georgia trucking laws differ from federal trucking regulations in just one provision - the age limit for commercial vehicle drivers.
On a national level, commercial truckers must be at least 21 years of age. This pertains only to trucks which go through multiple states on their routes, and do interstate deliveries.
But according to Georgia trucking laws, in order to operate a commercial vehicle within Georgia, a driver may be just 18 years of age, as long as the individual has an instruction permit or Georgia commercial vehicle license. To comply with Georgia trucking laws, the individual may not leave the state on delivery routes.
Regardless of the age of the commercial truck drivers, Georgia trucking laws take into account the degree of care that truck drivers should show to other motorists.
If you've been injured in a Georgia truck accident where the truck driver was careless, you may be able to file a Georgia personal injury claim on the grounds of negligence. If you have questions, you should consider speaking with an Atlanta truck accident attorney who can determine what state or federal trucking regulations may apply to your case, determine the liable parties, and explain the strengths and weaknesses of your potential Georgia personal injury claim.
Contacting an Atlanta Truck Accident Attorney
If you are the victim of someone else's negligence or carelessness in a Georgia truck accident you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case.