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Our Atlanta Truck Accident Attorney Explains State and Federal Trucking Laws

Another factor that makes truck accidents unique is that truck drivers and commercial trucking companies are subject to complex laws and regulations designed to promote safe trucking practices and protect the general public. There are both state and federal laws and regulations that govern the following:

• The transportation of hazardous materials
• Weight limits on cargo
• Limitations on the number of hours drivers can be behind the wheel per day and per week
• Licensing requirements for drivers
• Maintenance standards
• Regulations on how cargo is loaded
• Sleeping requirements for drivers
• Recordkeeping

Every other motorist on the road is put at risk when a driver or trucking company violates any one of these regulations. A knowledgeable Atlanta truck accident attorney will be able to identify potential violations and demonstrate how they contributed to your accident.

Identifying the At-Fault Party with an Atlanta Truck Accident Attorney

Another challenge specific to truck accident cases is identifying who should be held accountable for your injuries. Unlike accidents involving private passenger vehicles, there may be multiple entities that share responsibility for the accident.

• The driver. Many truck drivers are independent contractors and not employees of the trucking company. If the accident was caused solely by the driver’s negligence, you may have to pursue the truck driver individually.
• The trucking company. As mentioned above, the trucking company is responsible for ensuring that the trucks are safe and operated by qualified, well-trained drivers. When they fail to maintain their trucks or provide adequate supervision and training for their drivers, they may be held liable for any accidents that result.
• The insurance company. Truck accidents often involve a complicated web of insurers. The driver may have his or her own coverage while the company is insured by a different company. Sometimes trucking companies will self-insure but go to great lengths to hide that fact. Sorting out which insurance company you need to pursue can be quite complicated.
• Other third-party contractors. Some trucking companies will have various aspects of their business handled by different entities. For example, the truck may be owned and maintained by one company while the drivers are employed and managed by another. A different company may be responsible for loading the trucks. These may be independent entities or companies created by the trucking company for the sole purpose of shielding themselves from liability.

Determining who should be held accountable is one of the most important steps in pursuing a claim. A knowledgeable Atlanta truck accident attorney will be able to identify the various potential defendants and make sure they cannot avoid their responsibility.

Accident Investigation After a Trucking Accident

Because truck accidents are often complex, astute accident investigation is required. The police report will only provide a very basic recitation of what happened. It might assign fault, but it will not provide the level of detail that you need to prove your claim.

Truck accident victims should be aware that many trucks now use cameras, GPS units, and other devices to monitor their drivers. An Atlanta truck accident attorney will be able to get access to the data they record in order to learn exactly what happened. They may also be able to obtain footage from traffic and other cameras that recorded your accident. These can be incredibly powerful sources of evidence that can make a significant difference in the outcome of your case.

A Gilormo Injury Law Atlanta truck accident attorney will also be able to use their experience in order to recreate the accident based on the facts available. In addition, we have working relationships with accident reconstruction experts who can provide compelling testimony that supports your case and overcomes the opposing party’s refusal to accept responsibility.

Factors that Make Truck Accidents More Serious Than Car Accidents

Due to their size and weight, accidents involving large trucks require special consideration. Depending on the type of truck, it can weigh anywhere from 25,000 to 80,000 pounds and can legally haul up to 34,000 pounds. Considering that the average passenger vehicle weighs just over 4,000 pounds, you can begin to understand the unique hazards that large trucks present in the event of an accident. Large trucks require longer distances to stop, have more significant blind spots, and are less maneuverable than smaller vehicles, all of which means that they are less likely to avoid an accident.

The cargo that trucks haul can also present additional dangers. In the event of an accident, heavy materials can break loose and result in additional damage or injuries. Loads that haven’t been properly secured can cause the driver to lose control and result in an accident. Some trucks transport hazardous materials that are incredibly flammable or otherwise dangerous when spilled.