Tractor Trailer Accident Attorneys in Morrow, GA

In the state of Georgia, there were 1,504 traffic fatalities reported in 2018, the most recent year for which data is available. Of these, roughly two percent of traffic fatalities, or approximately three dozen deaths, involved large trucks. The goal of course is to bring that number down to zero or as close to zero as we can get. Most large truck accidents are entirely preventable and would never occur but for the negligence of one of the drivers or a third party.

At the law offices of Stein & Fox Accident Attorneys, we fully recognize the value of large trucks in our economy – without such vehicles and their drivers, we wouldn’t have access to the countless goods and products that they transport. However, we also recognize that trucking companies and truck drivers have a high duty of care, and that when this duty of care is breached, fatal accidents that take the lives of others can occur. If you or a loved one has been involved in a serious truck accident in Georgia, our team wants to help. Please call our Georgia truck accident lawyers today for an overview of your options and more information about how we can assist you.

Types of Large Truck Accidents

When a truck and a smaller passenger car collide, the damages suffered to the occupant(s) of the smaller vehicle are almost always severe based purely on the weight difference between the two vehicles. This is true regardless of the type of accident. That being said, some types of truck accidents are more deadly than others. Common types of large truck accidents include:

• If a driver brakes too hard or brakes too quickly, the trailer of the truck may swing around to form a 90-degree angle with the cab or may even swing to the point that it is parallel with the cab. This is known as a jackknife and may result in damages to surrounding passenger cars and their occupants.

• When a large truck rolls over, which may result from taking a turn too fast for conditions, a tire blowout, or from braking too quickly to avoid hitting an object in the road, the damages can be serious. This type of accident can be especially tragic if the large trucks roll over onto a smaller vehicle.

• An underride accident is devastating and occurs when a smaller passenger car drives under the trailer of a large vehicle. This may happen if the smaller passenger car is following the large truck too closely and the truck stops suddenly and unexpectedly.

• An override accident is similar to an underride accident, except that it happens when a large truck drives over a smaller car. This might happen if the large truck is following the smaller car too closely, the driver of the smaller vehicle is driving within the truck’s blindspot (there is a blindspot directly in front of a large truck), or a smaller vehicle changes lanes in front of a large truck.

• A blindspot collision happens when a large truck driver performs a maneuver, such as changing lanes, and does not see another car in their blindspots, implicating them in the process. Large trucks have blindspots 20 feet directly in front of them, 30 feet directly behind them, one lane to the left of them, and two lanes to the right of them.

• Wide-turn/squeeze play. Finally, another common type of truck accident is a wide-turn accident or squeeze play accident. This type of crash happens when a truck swings wide in order to make a right-hand turn (typically transitioning into the left lane first). Not understanding that the truck is planning to turn right, a smaller vehicle may attempt to pass the truck on the right. As the truck starts to make its right-hand turn, the small vehicle may be “squeezed” between the truck and the curb, resulting in a serious collision and damages to the smaller vehicle and its occupants.

Liability for a Truck Accident

When a large truck accident occurs, the damages to any occupants of the smaller vehicle are likely to be severe, and may include high medical costs, property damage costs, lost wages, physical pain and suffering, psychological harm, long-term disability, and more. In order to ensure that the victim of the crash is compensated for these losses, liability for the crash must be determined. Parties who may be held liable for a truck accident include:

• The truck driver. If the truck driver’s negligence caused the crash, then a claim may be brought against the truck driver for damages. The driver may have broken the law, had an operational problem within the vehicle, or been negligent. Moreover, if they were on alcohol or other substances, they may be held solely responsible for the accident. The risks of a collision may also increase due to other factors, such as driving for long hours on a single trip, drowsy driving, driving at night, and medical conditions. It is usually the trucker who is held responsible for the property damage or injury without any other individual or party at fault.

• The trucking company. There is a strong likelihood that if a truck driver is to blame for a crash, then it is the trucking company that will be held liable for damages, as the trucking company is responsible for the actions of its drivers. The trucking company may also be held independently liable if it did something to cause or contribute to the crash, such as failing to inspect the involved truck or perform necessary truck maintenance. This is difficult to establish unless an attorney or expert is able to throw light on certain issues. These matters may include an incomplete inspection, the company skimping on safety, unreasonable expectations that may push the trucker further than they should in trying to meet deadlines, leading to an accident.In the outcomes of many investigations, it is shown that the trucking company and a truck manufacturer share the responsibility for an accident due to defective equipment and compromising on safety to increase speed. An attorney and expert witness may identify these elements when investigating the company after an incident.

• Trucking part manufacturer. Some truck accidents are the result of vehicle defects, such as defective tires. For most passenger vehicles, a single manufacturer produces and assembles the components. On the other hand, big rigs can have parts that are sourced from multiple manufacturers. In cases where a truck accident occurs due to failure of a truck’s part, the manufacturer of the vehicle or the part might be a liable party. If a defective vehicle part was to blame for the crash, then the vehicle part manufacturer may be named in a claim for recovery.

• Shipper or loader of cargo. One thing that may cause a truck accident is a shift in cargo, which results in uneven weight distribution and may cause a trailer to tip. If the cargo was improperly loaded or secured, the shipper or loader may be responsible. If the loader fails to thoroughly inspect the load and secure it correctly, they may be considered to be at fault when equipment or boxes fall off and damage another automobile or injure someone. Besides, the truck parts manufacturer may also be held responsible if a faulty part caused a crash.

Why Would Truckers Drive While Sleep Deprived?

Truck driver fatigue occurs due to various reasons. According to federal law, truckers must abide by the limits of their service hours without rest breaks. Truck drivers must take a mandatory ten hours off after 11 hours of driving.

Despite those federal regulations in place, there are some issues. Truck operators may still feel drowsy or fatigued behind the wheel. Driving for a maximum of 60 hours weekly is also a heavy driving load for many truckers.

In addition, truck drivers do not have regular driving schedules. Consequently, they might be unable to have a consistent sleep pattern allowing them to rest when not driving. They may be off the road for ten hours but having them sleep during these hours cannot be enforced.

The erratic driving schedule can make sleep challenging for many truckers. Some truck drivers may be tempted to use OTC medications, such as sleep aids, to fall asleep. These substances can have a negative impact on judgment, driving habits, response times, and reflexes.

Further, truckers may feel some obligation to drive when they are tired and to drive over federally determined driving time limits. Some truck drivers face significant pressure from the trucking company or subcontractors. These companies make profits by delivering cargo across large distances.

The truck driver may feel that they must undertake all deliveries by the deadlines or face the consequences. To further aggravate the situation, trucking companies may determine deadlines with no attention to traffic patterns or construction-related delays.

When you call our truck accident lawyers, we will open an investigation into your accident to determine what happened and who is to blame.

Call Our Georgia Truck Accident Lawyers Today

We know how devastating a truck accident is, and that the degree of losses you are now facing may be extreme. For help filing a claim and recovering the settlement that you deserve, please call our Georgia truck accident lawyers at the office of Stein & Fox Accident Attorneys today at 770-961-1700. You can also request a free consultation by sending us a message or visiting our office in person.