East Point Truck Accident Attorneys
In the historic and charming city of East Point, Georgia, just southwest of Atlanta, life moves at a fast pace. With the constant hum of traffic from nearby I-85 and I-285, as well as the bustling Camp Creek Parkway, the risk of truck accidents is an unfortunate reality for local residents. If you or a loved one has been injured in a commercial truck accident in East Point, you have the right to hold at-fault parties responsible and pursue justice.
At Fox Injury Law, our East Point, GA truck accident attorneys recognize the devastating impact that a crash can have on your life. The sheer force of a collision with a massive vehicle can result in life-altering injuries, leaving you grappling with pain, and emotional trauma – not to mention mounting medical bills and loss of income. We will stand by your side and build a solid case together, ensuring you get the compensation you deserve.
Most Dangerous Intersections in East Point, GA
The risk of truck accidents is much higher at the following highways and intersections because of traffic congestion as these are critical transportation routes for the movement of goods:
- I-285 (Perimeter)
- Camp Creek Parkway
- Washington Road
- Main Street and Cleveland Avenue intersection
- Camp Creek Parkway and N. Commerce Drive intersection
Who is Liable in a Commercial Truck Accident Claim in East Point, GA?
Truck drivers are not the only ones who are responsible for their trucks colliding with another vehicle or pedestrian. Anyone involved in the operation, maintenance, or manufacturing of the truck could be held liable in the accident claim in East Point, GA, depending on the specific factors that led to the accident.
The truck driver: If the driver was speeding, distracted, fatigued, drowsy, driving dangerously, or driving under the influence, they could be held liable for the accident.
The trucking company or truck owner: The trucking company can be held liable if their actions or negligence contributed to the accident. This can happen in several ways:
- If they failed to conduct proper background checks, hired an unqualified driver, or ignored a driver’s poor safety record.
- If they failed to provide proper training for their drivers, and this lack of training led to the accident.
- If they encourage drivers to break the law or ignore safety regulations, such as driving longer hours than allowed or skipping required rest breaks and this led to the accident.
- If the accident occurred due to poor maintenance, such as faulty brakes or worn tires.
In some cases, the company can be held responsible for the actions of its employees, even if the company itself was not directly negligent. This is known as vicarious liability.
The cargo loading company: If the cargo was improperly loaded or secured, causing the truck to become unstable, the company responsible for loading the cargo might be responsible.
The truck manufacturer or maintenance provider: If a defect in the truck’s design or a faulty part contributed to the accident, or the maintenance company failed to inspect or repair a vehicle defect, you could file a lawsuit against the truck or part manufacturer or the maintenance company.
Georgia Laws Regarding Commercial Truck Accidents
The Federal Motor Carrier Safety Administration (FMCSA) sets rules for commercial trucks that operate across state lines. These regulations cover various aspects of trucking, including driver qualifications, hours of service, vehicle maintenance, and more. Compliance with these rules is crucial, and violations may contribute to truck accidents.
In an accident claim, demonstrating that the driver or trucking company violated FMCSA regulations can help establish negligence and liability. This evidence can be crucial in proving that the responsible parties failed to meet their duty of care, making them liable for the damages caused by the accident.
In addition to federal regulations, Georgia has state-specific laws that govern trucking operations to ensure safety and prevent accidents. These laws cover various aspects including:
The weight limits for commercial trucks in East Point and the rest of Georgia vary based on the number of axles and the distance between them. The maximum weight allowed for a single axle is 20,340 pounds, while a tandem axle can carry up to 34,000 pounds. The total gross weight allowed for a truck with five or more axles is 80,000 pounds. These limits are in place to ensure that trucks don’t cause excessive damage to roads, bridges, and infrastructure and to maintain safety on the road.
To drive a commercial truck in Georgia, a driver must obtain a Commercial Driver’s License (CDL). There are three classes of CDLs: Class A, B, and C. Each class corresponds to the type of vehicle a driver is allowed to operate, with Class A covering the heaviest trucks and tractor-trailers, Class B for medium-sized trucks like delivery vehicles, and Class C for smaller trucks and passenger vehicles. To obtain a CDL, drivers must pass a written exam and a skills test that includes a pre-trip vehicle inspection, a basic vehicle control test, and an on-road driving test.
Georgia requires commercial trucks to carry liability insurance to cover damages and injuries in case of an accident. The minimum insurance requirements depend on the type of cargo the truck is carrying and its weight. For example, a truck carrying non-hazardous materials and weighing less than 10,000 pounds must have a minimum of $300,000 in liability insurance.
Trucks carrying non-hazardous materials and weighing over 10,000 pounds require a minimum of $750,000 in liability insurance. If a truck is transporting hazardous materials, the minimum liability insurance requirement ranges from $1,000,000 to $5,000,000, depending on the type of hazardous cargo.
If any of these requirements are not met, both truck drivers and trucking companies may face fines and penalties and get their licenses suspended/revoked. But most importantly, it will prove that they contributed to your accident and thus, can be held accountable in court.
Statute of Limitations for Filing an East Point Truck Accident Claim
Georgia has a two-year statute of limitations for personal injury claims, including commercial truck accident claims. You have two years from the date of the accident to file a lawsuit, and if you fail to file within this period, you may lose your right to pursue compensation.
The state also allows for a separate claim called “loss of consortium.” This claim is brought by the spouse of the injured person, and it covers the loss of intimacy, love, affection, society, and companionship due to the injured person’s injuries. The statute of limitations for a loss of consortium claim is four years from the date of the accident, which is different from the two-year deadline for personal injury and wrongful death claims.
Choose East Point’s Highly-Rated Truck Accident Lawyers to Maximize Your Compensation
If you or a loved one has been injured in a truck accident in East Point, GA, it’s crucial to have an experienced personal injury lawyer on your side. The trucking companies and their insurers will quickly start working to minimize their liabilities, gathering evidence, and potentially even trying to dispose of crucial data. While they focus on protecting their interests, you might be in the hospital, fighting for your life.
At Fox Injury Law, our commercial truck and semi-truck accident lawyers are here to safeguard your rights during this challenging time. When you entrust us with your case, we concentrate on securing fair compensation for your medical expenses, pain and suffering, lost earnings, and other damages, both now and in the future. We will:
- Inspect the crash site and the vehicles involved.
- Collect evidence from the accident scene.
- Download and analyze the truck’s black box data.
- Collaborate with your medical team.
- Interview eyewitnesses.
- Hire accident reconstruction experts to determine liability.
- Obtain police reports.
- Obtain maintenance records, truck driver’s logs, and employer records.
- File legal motions to preserve critical data and evidence.
To schedule your free consultation with our East Point, GA truck accident lawyers, call us today or contact us online.