Interstate 85 is one of the most heavily traveled and congested highways in the entire state of Georgia. As a result, the potential for a serious collision is always present. When an 18-wheeler is involved in a crash, the impact is often disastrous. Working with a seasoned Atlanta I-85 truck accident lawyer is crucial if you or a loved one has been hurt in a collision.
Truck accident claims are seldom simple. Liable parties in truck accidents go beyond standard incidents because they can include the driver and the trucking company, and extend to maintenance providers or vehicle manufacturers. Establishing fault may take a lot of detective work, understanding of federal trucking regulations, and the ability to stand up to stubborn insurance companies determined to pay out as little as possible.
I-85 serves as a major commuter route, a path for travelers, and a highway freight carriers use to transport goods. I-85 is often congested, has many construction projects, and has some challenging interchanges. This congestion and the nature of the roadways increase the chances of an accident occurring.
When a tractor-trailer or dump truck becomes out of control, it can be catastrophic. Passenger vehicles and motorcycles stand no chance against the massive power of an 80,000-pound truck during collisions.
A single instance of distracted driving, such as changing lanes without a signal or checking a text message while driving, can lead to life-altering accidents for drivers and passengers alike.
Specific laws apply to trucking accidents. Georgia’s state negligence laws cover these claims, and the Federal Motor Carrier Safety Administration (FMCSA) has issued regulations for motor carriers. The regulations are strict, requiring both drivers and carriers to follow rules for vehicle maintenance, maximum hours of operation, and safety inspections.
Motorists face risks when trucking companies neglect their maintenance duties and drivers break the rules. A driver who is too tired or has exceeded the maximum hours of operation, or a trucking company that has not maintained brakes correctly, can both be liable under I-85 truck accident laws. Violations of these rules are often important to liability in a court of law.
During 2023, large trucks were involved in 5,375 fatal crashes, which decreased by 8.4% from the prior year but has increased by 43% over the previous decade. Large-truck mile involvement rates fell by 8% from 2022, yet rose 22% over the past decade. The causes of truck accidents vary, but many share common themes. Some common causes of truck accidents include:
Each accident must be investigated and analyzed to determine both what happened and why it occurred.
Truck accidents frequently result in catastrophic injuries for victims. Head injuries and spinal cord trauma are common. Victims of truck accidents also sustain paralysis and loss of limbs.
Catastrophic injuries can also include multiple fractures, internal organ damage, and severe burns. In many cases, accident victims will need months or years of rehabilitation and may be unable to return to work. Families can also file wrongful death claims when truck crashes cause fatalities.
Damages require compensation to extend beyond medical expenses into future care costs, as well as lost income and diminished quality of life.
Injured victims and their families are usually entitled to seek compensation for all damages. These can include medical bills, lost income and earning capacity, pain and suffering, and emotional distress. Traumatic injuries can cause anxiety, depression, and post-traumatic stress disorder. In Georgia, injury claims must be filed within two years of the injury.
Families of wrongful death victims can obtain payment for funeral costs alongside compensation for lost income and the emotional loss of their loved one’s companionship. Trucking companies and their insurers will often go to great lengths to keep these awards as low as possible. Experienced legal representation can help make sure all economic and non-economic losses are included when negotiating or litigating a claim.
Truck accident claims require resources and professionalism that most people cannot access on their own. Insurance adjusters and defense lawyers are likely to offer lowball settlements. Trucking companies will also pursue any strategy necessary to protect their profits.
An Atlanta I-85 truck accident attorney serves as your advocate. They know what it takes to investigate accidents, collect evidence, and file claims against all liable parties. Your legal representative can work to secure agreements with insurance companies and bring in professional witnesses while preparing for courtroom appearances when required. An attorney can level the playing field and ensure your rights are protected.
In the event that you have been involved in an accident with a truck on I-85, there are a number of steps that you should take as soon as you can. These will not only help to ensure your safety, but will also help your claim for compensation later. The most important thing to do after a truck accident is to seek medical attention, so go to the hospital or see your doctor as soon as possible.
As soon as it is safe to do so, call the police and get them to file a report. This will be helpful when you make your claim. Collect information at the scene of the accident if you are able to. Take photos of the vehicles involved, any damage or injuries, the road conditions, and anything else that seems relevant. You should also obtain the contact and insurance information for everyone involved, as well as the names and contact information of any witnesses.
Before you talk to your insurance company, it is wise to hire an Atlanta I-85 truck accident lawyer who can help you understand your rights and make sure that you are taking all of the necessary steps to protect yourself.
Attorney Stephen T. LaBriola handles serious personal injury, wrongful death, commercial litigation, and complex trial matters for clients throughout Atlanta and Georgia. Stephen T. LaBriola graduated summa cum laude from the University of Colorado and obtained his Juris Doctor from the NYU School of Law. He served as a law clerk to justices for the Colorado Supreme Court, then worked as a Deputy District Attorney in Denver.
Stephen T. LaBriola has been in private practice since 1993, focusing on litigation, and he understands I-85 truck accident cases. He has been recognized as a professional who provides skillful trial representation. Mr. LaBriola is in court on a regular basis, representing his clients, in the Fulton County Courthouse and elsewhere.
In Georgia, settlements for truck accidents vary considerably. The settlement amount differs for each case since each involves distinct injuries, medical expenses, lost wages, and ongoing damages. As a result, there is no real average amount for truck accident settlements. The settlement should cover both the financial losses and the personal impact of the accident. Talk to an experienced Atlanta truck accident lawyer to understand what you might be able to recover.
A truck driver may not be the only party at fault for a truck accident. A trucking company or other negligent party, such as a manufacturer or maintenance contractor, might also be liable for the crash. Pinpointing the appropriate parties is vital for a plaintiff to receive full and fair compensation because a number of factors can contribute to a truck accident.
The difficulty level of winning a truck accident claim changes based on case facts and evidence availability, plus any liability disputes. Strong documentation, including accident reports, medical records, and witness testimony, typically supports more favorable cases. An experienced attorney can guide clients through the process, overcome obstacles, and address insurance company tactics to increase the likelihood of a successful outcome.
Settlement for a truck accident can have various timelines in Atlanta, depending on the details of the case. In general, minor cases with minimal injuries can be resolved in a few months. However, complex cases with severe injuries, multiple defendants, and disputed liability can take a long time to settle. Additionally, the medical recovery process and the insurer’s willingness to negotiate in good faith also impact the time it takes to reach a settlement.
Stephen LaBriola is fully dedicated to his clients and will do whatever it takes to achieve an optimal outcome for them. If you or someone you know has been injured in a truck accident on I-85, contact Stephen LaBriola today.