Were You Injured in a Truck Accident in Georgia?

Trucking Accident in Georgia: Savannah Accident Lawyers Explain Liability and Damages

Although there are many different types of motor vehicle accidents, crashes involving large commercial vehicles such as big rigs, semi-tractor trailers, flatbeds, tankers, and other box trucks are often some of the most severe. According to statistics from the Federal Motor Carrier Safety Administration (FMCSA), each year large trucks or buses are involved in roughly 5,000 fatal traffic accidents and an additional 108,000 injury accidents. Statistics from the National Highway Traffic Safety Administration (NHTSA) reveal that almost 150,000 people are injured each year in these collisions with large trucks, in which occupants of other vehicles accounted for 71% of those injured.

Unfortunately, our Savannah accident lawyers know that these statistics are trending upwards, and large trucks disproportionally account for only 5% of all registered vehicles but are involved in 9% of all fatal crashes. Right here in Chatham County, traffic

fatalities over the last year have increased 35% from the prior year too, including truck wrecks.

That’s why, at The Blake Swan Law Firm, our dedicated personal injury lawyers work to protect the rights of victims and families who are seriously injured or wrongfully killed in motor vehicle accidents. This includes 18-wheeler wrecks involving large commercial vehicles which often result in catastrophic personal injuries and have complex liability issues. Whether you have a

traumatic brain injury or a broken bone, the experienced Savannah accident lawyers will review your case at no cost during a free case evaluation. To learn more about how they can help you, contact us today by dialing 912-200-7066.

Common Causes of Trucking Accidents

There are many potential causes of trucking accidents in the United States and in Georgia. However, in Savannah and the rest of Chatham County, high-speed collisions and interstate crashes on I-95 or I-16 are very common. These are major highways for Georgia and the rest of the east coast, which unfortunately generate a significant number of motor vehicle accidents at

the interstate exchange in recent years. Many of these crashes result in preventable injuries or wrongful deaths due to the negligence of another motorist. Some other common causes of a trucking accident in Georgia that our Savannah accident

lawyers can handle for you include the following:

• Left-turn crashes
• Drunk driving accidents
• Distracted driving accidents
• Speeding
• Road rage
• Falling out of a lane or drifting out of a lane
• Drugged driving
• Fatigued driving or falling asleep at the wheel
  
• Improper backing
• Unsafe lane changes
• Unsecured cargo or negligent strapping down of cargo
• Rollover accidents
• Mechanical defects such as air brake failures, tire pops, or steering column failures
• Inexperienced driver accidents
• Trailer hitch mishaps or accidents
• Manufacturer defect or product liability issues with truck equipment
• Unrealistic delivery schedules
• Roadway damage or conditions
• Driving too fast for inclement weather conditions
• Failure to use emergency lights and warning signs when disabled on the side of the road, and
• Many other common causes of 18-wheeler wrecks or another type of truck accident in
• Georgia that would Savannah accident lawyers at The Blake Swan Law Firm can help
• you or your family handle.

Understanding How FMCSA Regulations

The FMCSA is a federal agency which is deputized to regulate, monitor, and enforce certain rules of conduct against commercial vehicle drivers and carriers (companies) throughout the United States. It does not matter what state a truck driver is from, going to, or currently in, nor does it matter where the trucking company is located or licensed in. The FMCSA regulations

apply to nearly all commercial drivers and companies, including in Georgia.

The overwhelming majority of FMCSA regulations pertain to safety. These safety regulations govern how truck drivers and trucking companies must operate – in addition to state laws. A truck driver or trucking company who violates these FMCSA regulations may be found liable to a personal injury victim. The doctrine of negligence per se can help a plaintiff hold a defendant liable, as a violation of an FMCSA regulation is “evidence of negligence” which can be used to prove a case. This is in contrast to Georgia statutory law, which the doctrine of negligence per se hold a defendant “automatically liable” for a violation of a statute that was meant to prevent the harm that occurred to the victim.

Some of the most common FMCSA violations which may result in liability against a defendant include the following:

Hours of Service Violations – also known as HOS violations, these FMCSA rules govern how many hours a truck driver can drive in one “sitting,” in a day, in 7 days, and in 8 days. The purpose is to prevent driver fatigue which can be just as dangerous as

driving drunk. Violations of HOS rules can result in liability to a victim who is injured by a fatigued truck driver.

Alcohol Violations – the FMCSA has the strictest alcohol rules in the United States, prohibiting a truck driver from having a BAC above 0.0. But not only this, the FMCSA rules actually prohibit a truck driver from consuming alcohol within four hours of starting a shift, which is what makes these rules very strong. Any violation of this rule that resultsin a traffic accident may result in liability against a defendant.

Drug and Substance Violations – similarly, the FMCSA rules have strong prohibitions against drug and substance use. This is not just illegal drugs, like cocaine which is commonly used by drivers to stay awake and alert to drive longer, but also certain over-the-counter or prescribed medicines that may impair a truck driver’s ability to safely operate a vehicle.

Cell Phone Prohibitions – texting while driving is one of the most dangerous things that any driver can do. Whereas a truck driver who is texting while driving can turn a large commercial vehicle into an unguided missile. The FMCSA rules outright prohibit any truck driver from operating a cell phone to send text messages or which otherwise require

a trucker to hold the phone.

Inclement Weather – the FMCSA rules require truckers to use extreme caution during inclement weather or conditions, which includes the obvious such as heavy rain or snow/ice, but also to factors such as dust, fog, or other instances of decreased visibility. Truck drivers must slow down, even below the speed limit, to drive safe. If a truck driver

cannot continue safely, they must stop driving and only resume when it is safe to

continue.

Disabled Trucks – although trucks are large and it might seem to be obvious, a disabled truck can be a hazard, especially at night. This is why the FMCSA rules require truck drivers to immediately turn on emergency flashers and, if they are stopped for ten

minutes or longer, deploy warning signs behind them to oncoming drivers. A violation of this rule, even if another vehicle collides with a parked and disabled truck, can still result in liable of the truck driver and trucking company.

Many other types of FMCSA violations which may result in serious personal injuries or the wrongful death of an innocent person. These types of cases are complex and shouldn’t be handled by just any motor vehicle accident lawyer, but Savannah accident lawyers who understand how Georgia law and FMCSA violations work together.

Common Injuries From a Trucking Accident in Georgia

Just like how there are many common causes of trucking accidents, there are also many different types of personal injuries. Unfortunately, many of these personal injuries are often more catastrophic and devastating than in collisions with smaller passenger vehicles. That is largely because of the higher momentum generated by trucks even at lower speeds, which means greater force in an impact.

Some of the most common personal injuries that our Savannah accident lawyers at The Blake Swan Law Firm can handle for you include the following:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones or fractured bones
• Amputations
• Nerve injuries
• Head injuries
• Organ injuries or internal injuries
• Blindness or loss of eyesight
• Back injuries or neck injuries
• Significant scarring or disfigurement
• Dislocated or separated joints
• Burn injuries or fire injuries
• Wrongful death, and
• Many other serious, permanent, disabling, or sometimes fatal personal injuries caused by a trucking accident in Georgia.

Were You Injured in a Trucking Accident in Georgia?

Call Our Experienced Savannah Accident Lawyers for Help at The Blake Swan Law Firm

If you or a loved one were seriously injured, or if a loved one was wrongfully killed, in any type of motor vehicle accident in Georgia, call The Blake Swan Law Firm. This is particularly true if you or a loved one were involved in a trucking accident in Georgia. These types of motor vehicle crashes are very different than other types of cases, largely because of how the FMCSA regulations can apply in certain instances. If you retain a lawyer that does not know how to use the FMCSA as a sword against the defendants and their insurance carrier, you may lose

out on compensation.

That’s why our Savannah accident lawyers at the right choice for a trucking accident in Georgia. We understand how to use FMCSA violations to prove your case. We also have experience handling some of the most catastrophic and significant personal injuries, including TBIs and SCIs. To learn more about how we can help you and your family, call our experienced personal injury lawyers by dialing 912-200-7066 or by sending us a private and confidential message through our free case evaluation box on our website.