Rockmart Truck Accident Lawyer
Rockmart is at the intersection of two major traffic highways that connect business in Georgia. Highway 278 connects manufacturers and distributors from Atlanta to northwest Georgia. Similarly, Cartersville Highway makes Polk and Bartow Counties accessible for shippers via its connection with I-75. An unfortunate result of these main thoroughfares intersecting in Rockmart is that car accidents, especially those involving tractor trailers and commercial motor vehicles, become inevitable and result in personal injury or death. When they do, you need an attorney knowledgeable in truck accident laws and regulations to handle your case effectively. Wheale Law Firm can provide experienced representation.
How are truck accidents different than other car accidents?
Accidents involving tractor trailers are different from regular car collisions because they are more complex to handle. Truck drivers, their carriers, and shippers are regulated by both federal and state regulations. These regulations are designed to provide protection for other drivers on the roadway because fully-loaded tractor trailers can weigh up to 80,000 lbs. This means small mistakes can have lethal consequences, including unexpected injury, amputation, or death. Victims of motor vehicle collisions involving trucks need an attorney that is experienced in trucking regulations and knows how to litigate trucking cases, and Wheale Law Firm has that experience.
Who can be held responsible for a truck accident?
There may be various responsible parties in a trucking accident, depending on the cause of the collision. Potentially responsible parties could include:
Truck driver: Truck drivers are almost always a contributing – if not the main – cause for big rig collisions. For instance, a fatigued driver who has exceeded their hours of service, broken a rule of the road, or failed to properly inspect their truck and its load can lead to a truck accident;
Motor carrier: Truck drivers almost always operate under a motor carrier’s DOT authority – i.e. Dept. of Transportation authorization to operate 18-wheelers on the roadway. Truck drivers are often employees for the carrier, and the carrier can also be responsible for vetting, hiring, training, and supervising their drivers and their loads.
Cargo shipper and/or loader: Under certain circumstances, cargo shippers and/or loaders can be held responsible. For instance, the federal regulations were updated several years ago to provide intermodal equipment providers liability for collisions involving intermodal equipment. Intermodal equipment providers are often owned or contracted by the cargo shippers. Improper and imbalanced loads that does not comply with regulations can also contribute to a collision.
Truck and/or parts manufacturer: In rarer scenarios, tractors, trailers, and intermodal equipment manufacturers who design or manufacturer defective equipment can contribute to a roadway collision.
Government agencies and/or contractors: Finally, government agencies who fail to properly enforce trucking regulations or, more likely, negligently design and maintain parts of a roadway can also lead to foreseeable collision involving tractor trailers.
Under Georgia’s direct action statute, the tractor trailer’s insurance carrier is also a named party in any lawsuit as well. Having an attorney knowledgeable on the various regulations of the various responsible party is important for receiving full and appropriate justice for your injuries. Wheale Law Firm may be able to help
What causes most truck accident?
The most common cause for big rig accidents is driver fatigue. In turn, driver fatigue usually results from overworked drivers who are required to exceed their eligible hours of service to meet delivery deadlines. According to the Federal Motor Carrier Safety Administration, other major factors include alcohol and speeding. In short, it is not uncommon for a truck driver to be impaired, which could be the reason for your personal injuries.
Contact Wheale Law Firm for a Free Case Consultation
For a free case consultation, give Wheale Law a call at 678-580-8936 or send an email. No Commitments.
Unlike most attorneys, Patrick J. Wheale handles personal injury cases exclusively, specializing in helping injured victims.
Wheale Law provides legal services exclusively on a contingent fee basis. In other words, you pay no upfront costs. Wheale Law only collects attorney's fees if your case successfully resolves.
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