Tractor-trailers and other heavy trucks weighing up to 80,000 pounds travel roads in and around Jonesboro every day. These massive trucks are imposing enough when their drivers are alert and cautious. When truckers are distracted, tired, reckless, or otherwise negligent, serious crashes can result.
The size and weight of 18-wheelers and other trucks mean they are harder to stop, difficult to steer, and more prone to tipping over. To make matters worse, many truckers are pushed to drive past the point of fatigue. Some truck drivers turn to pills to stay awake, and to cell phones, tablets, or other distractions to ease the boredom.
When careless behavior causes a tragic truck crash in Jonesboro, the trucking companies that make massive profits while endangering the public must be taken to task for their negligence.
At Butler Kahn, our truck accident attorneys have a proven track record of helping clients get on the road to recovery after tragic accidents in Jonesboro and surrounding areas. To find out how we may be able to help you, please contact us for a free claim review.
Looking for a Jonesboro personal injury law firm? Butler Kahn helps truck crash victims in Jonesboro and throughout Clayton County recover the compensation they deserve.
What’s on this page
If you or a loved one was seriously injured in a truck accident in Jonesboro, Georgia, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. Butler Kahn represents truck crash victims throughout Clayton County, fighting against trucking companies and their insurers to recover the maximum compensation available under Georgia law. Truck accidents frequently cause traumatic brain injuries, spinal cord damage, and other catastrophic injuries that require extensive medical treatment and long-term care.
Contact Butler Kahn at (770) 629-8366 for a free consultation about your Jonesboro truck accident case.
What Makes Truck Accidents Different from Passenger Car Crashes?
Truck accidents are often much more complicated than passenger vehicle crashes because of several factors that make these cases uniquely challenging.
For one, large trucks like semis, box trucks, and dump trucks are much bigger and heavier than typical passenger vehicles, so these accidents typically leave victims with injuries that are much more severe than in other kinds of wrecks. A fully loaded tractor-trailer can weigh up to 80,000 pounds, compared to a passenger car that typically weighs around 4,000 pounds. This massive weight difference means truck collisions on roads like I-75, Tara Boulevard, and Highway 54 frequently cause wrongful death or permanent disabilities.
Trucking companies often have insurance policies with much higher limits than the policies of average drivers – typically $750,000 at minimum for trucks that work across state lines, and $100,000 for trucks that only operate in Georgia. These increased truck insurance limits, along with the more severe injuries, often means there is much more money at stake in truck crash claims than in typical Jonesboro car accident claims. That means that the defendants – the truck company, the truck driver, and the insurance company – fight harder.
Furthermore, multiple individuals, companies, and other entities might be liable for a truck collision. Each party may try to shift blame to others to try to avoid paying their part. Truck accident cases also involve federal trucking regulations that don’t apply to regular car accidents, adding another layer of complexity.
Why You Need a Jonesboro Truck Accident Lawyer on Your Side
You don’t have to go through the difficult process of a truck accident claim by yourself. When you work with a skilled and compassionate Jonesboro truck collision attorney from Butler Kahn, we can relieve your stress by standing by your side and handling all aspects of your claim for you.
Your lawyer can listen to your story, answer any questions you have about your case, help you understand your legal options, and craft a legal strategy based on your personal needs and goals.
Our legal team can launch an independent truck accident investigation into the true cause of the crash that harmed you. This could involve securing more difficult-to-access types of evidence like driving logs, “black box” data recorders, cell phone records, driving records, and other data. It might also be necessary to work with accident reconstruction experts who can testify to support your claim.
Your attorney can also handle all of the paperwork needed for your case and represent your best interests in any discussions with insurance companies, trucking companies, and others involved in the case. Our goal will be to negotiate with insurance adjusters to seek the maximum compensation you deserve. However, if the insurer won’t agree to a fair settlement, we will be prepared to tackle all of the complexities needed to file a lawsuit on your behalf and fight for your legal rights in court.
Throughout this process, our compassionate attorneys will give you the support you deserve in this difficult time and connect you to resources to help you get on the road to recovery.
Demanding Full Compensation After a Truck Wreck in Jonesboro
After a truck crash, victims have a right to demand full compensation from the at-fault parties to cover both their current expenses and losses that the aftermath of the crash will cause in the future. Georgia law allows injured people to recover economic damages (quantifiable financial losses) and non-economic damages (subjective losses like pain and suffering).
Some of the types of compensation that might be available include coverage for:
Wages that the victim loses while trying to recover from their injuries
Emotional distress, pain and suffering, and mental anguish
Reduced capacity to work in the future or inability to earn comparable wages due to injuries from the accident
Disability or disfigurement
Medical bills for things like surgeries, hospitalization, medication, skin grafts, ambulance transportation, diagnostic testing, plastic surgery, and other treatments
Interference with normal living or the victim’s inability to take part in activities that they used to enjoy
Disability accommodations, such as modifications to a car or house
Future medical expenses, including nursing care, follow up visits, rehabilitation, physical therapy, in-home medical staff, reconstructive surgeries, psychological counseling, prescriptions, and other treatments
Specialized medical equipment and devices, such as a wheelchair
In some cases with egregious negligence, Georgia law allows victims to recover punitive damages as well. Punitive damages are designed to punish the wrongdoer and deter similar conduct in the future.
If an accident is so severe that someone dies from the wreck, the victim’s surviving family members might be able to bring a wrongful death claim in Jonesboro. This type of lawsuit helps the victim’s eligible surviving loved ones recover compensation to cover some of the losses caused by the wreck, such as funeral and burial expenses, loss of companionship, and the decedent’s lost future earnings.
How Is Fault Determined in a Truck Accident Case?
Fault in a truck accident case is determined by analyzing the evidence and determining how the law applies to the facts at hand. Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33, which means you can still recover compensation even if you were partially at fault, as long as you were less than 50% responsible for the accident.
Some common pieces of evidence in these types of wrecks include:
Pictures or videos of the accident scene
Eyewitness testimony
Medical reports
Truck delivery records and driving logs
Maintenance reports
Data from the truck’s electronic data recorder
Cell phone records that could indicate driver distraction
Receipts and other evidence that could show a driver exceeded hours of service limits
The electronic data recorder (EDR), sometimes called a “black box,” can provide critical information about the truck’s speed, braking, and other data in the seconds before impact. Our attorneys know how to obtain and preserve this evidence before the trucking company has a chance to destroy it.
Who Can Be Held Responsible?
Multiple different parties might hold some liability for a truck accident. Georgia’s truck accident laws allow injured victims to pursue claims against any and all responsible parties.
Truck Drivers: Truck drivers themselves might be liable if they did something to contribute to the crash, such as driving under the influence, texting while driving, driving while fatigued, speeding, or tailgating.
Trucking Companies: The trucking company that employed the driver may also be liable. Under Georgia’s respondeat superior laws, employers can typically be held liable for actions that their employees take within the course of their job duties while they are on the job. Even if the driver was classified as an “independent contractor,” the trucking company could still be held liable under the principles of statutory employment.
Trucking companies can also be liable for negligent hiring and retention of a dangerous driver. Trucking companies must confirm that their drivers have the appropriate licenses and training to operate a commercial truck, and they must run thorough background and criminal checks on their drivers. These companies must also make sure that their drivers meet federal regulations, such as:
Drivers must only work and operate their vehicles for a certain amount of hours in a row and they must rest for a designated amount of time in between shifts.
Truckers must be at least 21 years old if driving out of state or at least 18 years old if only driving within the state of Georgia.
Truck drivers must meet federal health requirements, such as hearing tests, blood pressure checks, and screenings of blood sugar levels.
Truckers can’t operate a commercial vehicle while under suspension for any serious traffic violation, plus they can’t have more than one major violation on their record.
Other Potentially Liable Parties: In addition to the driver and the trucking company, other parties might be liable for certain trucking accidents. For example, the manufacturer of the truck or the truck’s maintenance company might be responsible if a truck defect or equipment failure contributed to the crash. The company that loaded the truck’s cargo might hold responsibility if there was a problem with the truck’s load that led to the accident.
A government entity might hold liability if a hazardous road condition contributed to the crash. Other parties that might be liable in this type of crash include the bar or restaurant that overserved the trucker or other drivers if they were driving under the influence when the wreck occurred.
How Long Do You Have to File a Truck Accident Claim?
Under Georgia’s statute of limitations set forth in O.C.G.A. § 9-3-33, victims usually have only two years from the date of a truck accident to file a claim. If they miss this deadline, then victims typically lose their right to seek compensation for the wreck.
Georgia has some narrow exceptions to these rules that might change a victim’s filing deadline. For example, if the victim is a minor or if the at-fault party leaves the state, the deadline may be extended. A skilled Jonesboro attorney with a deep knowledge of Georgia’s complex truck accident laws can help you understand the deadlines that might apply to your specific circumstances.
Steps to Take to Protect Your Rights After a Truck Wreck
Some of the primary steps you can take to protect your rights after a truck wreck include:
Get medical attention. Your health is the priority after any motor vehicle accident. If you’ve been hurt and you didn’t receive emergency medical attention at the accident scene, visit a medical professional as soon as possible. They can evaluate you for any injuries caused by the crash and help you get the treatment you need as soon as possible. Some potentially serious medical conditions may not show immediate symptoms but could be caught in a medical exam.
Watch what you say. After an accident, it’s critical to avoid speaking with the other party’s insurance adjuster or legal representatives until you have a chance to speak with your own attorney. Insurers often try to trick victims into submitting a recorded or written statement about the accident. Be careful what you say, because the people you’re speaking with are professionals who would just love for you to say something that ruined your case or claim.
Call a respected truck accident lawyer. When you work with a trusted attorney, they can handle all the details of your truck accident claim. They can deal with the insurance companies on your behalf, so you don’t have to risk saying something they can use against you.
Document everything. Keep copies of all medical records, bills, correspondence with insurance companies, and any other documents related to your accident and injuries.
Don’t accept a quick settlement. Insurance companies often try to settle truck accident claims quickly and for far less than they’re worth. Before accepting any settlement offer, consult with an experienced truck accident attorney who can evaluate whether the offer is fair.
Common Injuries Caused by Truck Crashes
Because of the massive size and weight difference between commercial trucks and passenger vehicles, truck accidents frequently result in catastrophic injuries. Some of the most common injuries caused by Jonesboro truck crashes include:
Many of these injuries require long-term medical care, rehabilitation, and may result in permanent disability. The full extent of some injuries, particularly brain injuries, may not become apparent until weeks or months after the accident.
Areas We Serve in Clayton County
Butler Kahn’s Jonesboro office represents truck accident victims throughout Clayton County and the surrounding areas. Our attorneys handle cases involving crashes on major roads and highways in the region, including I-75, Tara Boulevard, Highway 54, Jonesboro Road, Mt. Zion Boulevard, and Flint River Road.
We serve clients in the following Clayton County communities:
Jonesboro
Morrow
Riverdale
Forest Park
Lake City
Lovejoy
Rex
Ellenwood
Conley
Bonanza
Irondale
Mountain View
Adamson Moor
Hastings
Lake Spivey area
We also serve truck accident victims in nearby counties, including Henry County, Fayette County, Spalding County, and DeKalb County. If you were injured in a truck accident anywhere in the metro Atlanta area or southern Georgia, contact our Jonesboro personal injury law firm for a free consultation.
Frequently Asked Questions About Truck Accidents in Jonesboro
How much is my Jonesboro truck accident case worth?
The value of a truck accident case depends on several factors, including the severity of your injuries, the amount of your medical bills, your lost wages, and the impact on your quality of life. Because truck accidents often cause severe injuries and trucking companies carry high insurance limits, these cases frequently result in larger settlements and verdicts than typical car accident cases. An experienced attorney can evaluate your case and provide an estimate of its potential value.
Should I talk to the trucking company’s insurance adjuster?
No. Insurance adjusters work for the trucking company’s insurer, and their goal is to minimize the amount the company pays on claims. Anything you say to an adjuster can be used against you. Before speaking with anyone from the insurance company, consult with a truck accident attorney who can protect your interests.
How long will my truck accident case take to resolve?
The timeline for resolving a truck accident case varies depending on the complexity of the case, the severity of the injuries, and whether the case settles or goes to trial. Some cases resolve in a few months, while others may take a year or more. Our attorneys work to resolve cases as efficiently as possible while ensuring our clients receive fair compensation.
What if the truck driver was an independent contractor?
Even if a truck driver is classified as an independent contractor, the trucking company may still be held liable under Georgia law. Courts look at the actual working relationship between the driver and the company, not just the label. If the company controlled how the driver performed their work, the company may be liable for the driver’s negligence.
Can I still recover compensation if I was partially at fault?
Yes. Georgia follows a modified comparative negligence rule. You can recover compensation as long as you were less than 50% at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages totaled $100,000, you could recover $80,000.
What is the average settlement for a truck accident in Georgia?
There is no “average” settlement because every case is different. Truck accident settlements range from tens of thousands of dollars for minor injuries to millions of dollars for catastrophic injuries or wrongful death. The value depends on factors like medical expenses, lost income, pain and suffering, and the strength of the evidence proving liability.
Do I need a lawyer for a truck accident claim?
While you’re not legally required to hire a lawyer, truck accident cases are significantly more complex than typical car accident cases. Trucking companies have experienced legal teams and investigators who begin working immediately after an accident. Having an experienced Georgia truck accident attorney on your side levels the playing field and helps ensure you receive fair compensation.
What evidence is important in a truck accident case?
Critical evidence includes the truck’s electronic data recorder (“black box”), driver logs showing hours of service, maintenance records, the driver’s employment and training records, cell phone records, surveillance footage, witness statements, and the police accident report. Time is critical because trucking companies may destroy evidence if not preserved quickly.
What types of trucks cause accidents in Jonesboro?
Butler Kahn handles cases involving all types of commercial trucks, including 18-wheelers, tractor-trailers, semi-trucks, box trucks, delivery trucks, dump trucks, garbage trucks, tanker trucks, flatbed trucks, and logging trucks. The legal principles apply regardless of the type of truck involved.
What are the most common causes of truck accidents?
The most common causes of truck accidents include driver fatigue from violating hours of service regulations, distracted driving, speeding, improper lane changes, following too closely, driving under the influence, inadequate training, poor truck maintenance, overloaded or improperly secured cargo, and adverse weather conditions.
How soon should I contact a lawyer after a truck accident?
You should contact a truck accident lawyer as soon as possible after the accident. Trucking companies often send investigation teams to accident scenes immediately, and critical evidence can be lost or destroyed quickly. An attorney can send a spoliation letter to preserve evidence and begin building your case right away.
What if the truck driver was texting or using a phone?
If the truck driver was texting, talking on the phone, or otherwise distracted at the time of the crash, this evidence can significantly strengthen your case. Cell phone records can be subpoenaed to prove the driver was using their phone. Distracted driving is a serious violation of federal trucking regulations and Georgia law.
Can I sue the trucking company if the driver was drunk?
Yes. If a truck driver was intoxicated, you can sue both the driver and the trucking company. The company may be liable for negligent hiring if they failed to properly screen the driver, or for negligent supervision if they knew or should have known about the driver’s substance abuse issues. You may also be entitled to punitive damages in drunk driving cases.
What is a spoliation letter and why is it important?
A spoliation letter is a legal notice sent to the trucking company demanding that they preserve all evidence related to the accident. This includes the truck’s black box data, driver logs, maintenance records, and other documents. Without this letter, the trucking company might legally destroy this evidence as part of their normal business practices.
How much does it cost to hire a Jonesboro truck accident lawyer?
Butler Kahn handles truck accident cases on a contingency fee basis, which means you pay no upfront costs. We only get paid if we recover compensation for you. This allows accident victims to get high-quality legal representation regardless of their financial situation.
Get Help from a Jonesboro 18-Wheeler Accident Lawyer
Please contact the respected Jonesboro truck accident attorneys at Butler Kahn whenever you are ready to discuss your situation. Talking to us is free and comes with no further obligations on your part.
Butler Kahn – Jonesboro Personal Injury Lawyers
21 Lee Street, Suite 250
Jonesboro, GA 30236
Phone: (770) 629-8366
Our Jonesboro office is conveniently located near the Clayton County Courthouse. Free parking is available. We serve clients throughout Clayton County, including those injured in crashes near Southlake Mall, on Tara Boulevard, along Highway 54, and on I-75.
Contact us online or call (770) 629-8366 today to schedule your free consultation. We’re available 24/7 to take your call.
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