Truck Accident FAQs

What is a commercial motor vehicle?

A commercial motor vehicle is any type of truck that is used by businesses for work purposes, such as to carry and deliver commercial goods. There are many types and styles of commercial vehicles, including tractor-trailers, 18-wheelers, tankers, freight trucks and delivery vehicles, among others.

Why are catastrophic injuries and deaths more common in truck accidents?

The massive size and weight of trucks makes them dangerous companions on the road. Trucks, semi-trailers, flatbeds and 18-wheelers can tip the scales at as much as 80,000 pounds, whereas the average car weighs in at about 3,000 pounds. That means that it takes trucks longer to stop safely to avoid colliding with other vehicles, motorcycles, pedestrians or bicyclists.  An April 2011 report from the Federal Motor Carrier Safety Administration (FMCSA) shows that there were 53,987 large truck crashes that resulted in injuries or deaths in 2009. Roughly one in 6 fatalities in Georgia stem from large truck crashes, according to the state Department of Transportation.

What are the common causes of truck accidents?

For the most part, truck accidents are caused by the same contributing factors that lead to other motor vehicle accidents – speeding, intoxication, distracted driving and driver fatigue.

Other common causes include following too closely, drifting out of lanes, exceeding shift limits as dictated by the FMCSA and failing to yield at left turns, red lights and stop signs.

While those causes describe irresponsible driver behavior, negligence can also be attributed to the truck company or third-party agency that is charged with truck maintenance. Federal rules specify that truck parts must be regularly inspected, including the brakes, tires, lights, steering mechanisms, horn, windshield wipers, mirrors, coupling devices, wheels and rims and emergency equipment. However, there have been cases where companies have failed to comply or have even encouraged drivers to falsify log books to show that inspections happened when they did not.

I was injured in a truck accident in Georgia. Who can I sue?

A variety of parties may be held liable in your truck accident. Every accident is different, but negligence may occur on the part of the truck driver, the trucking company, the loading facility that placed the contents on the big rig, parts manufacturers, government entities, outside maintenance companies and even the driver of another vehicle.

How are truck accidents different from car accidents?

Truck accident cases can be more complicated than car accident claims. Because many different parties may be held liable for your injuries, you may be contending with multiple insurance and underinsurance policies at once. Many companies will send their accident investigators to the scene immediately, with the goal of offering the lowest settlement possible.

Also, the trucking industry is governed by federal law, so truckers and their employers must comply with strict rules that do not apply to other motorists. In addition to maintaining regular logs during their shifts, trucks must be equipped with “black box” data recorders that can provide detailed information about how the accident occurred, such as how the truck was operated before the wreck (engine speed, brake applications, throttle position, etc.) and even how long the driver was on the road. This can provide a host of valuable information to investigators, but it is evidence that can quickly be overwritten as new truck data is generated. That is why it is crucial to contact a qualified truck accident lawyer like the ones at the Atlanta-based Accident Attorneys of Monge & Associates as soon as possible following your truck accident. You won’t be able to get the black box yourself, but an attorney can help you obtain that data before it is lost.

What is an “underride” accident?

An underride accident occurs when a portion of a passenger car collides with and slides underneath the truck. These types of accidents can be particularly deadly, as it is possible that the passenger vehicle’s roof can be sliced off entirely.

Some trucks are equipped with “underride guards” intended to reduce the risk of serious injuries or deaths in a truck crash. However, a 2011 study by the Insurance Institute for Highway Safety (IIHS) found that existing underride guards can fail in tractor-trailer crashes, even at relatively low speeds. The agency has asked the federal government for stronger rear guards and is recommending that underride guards be mandated for more commercial motor vehicles.

What is a “no zone”?

The no zone is the area around trucks where there is limited or no visibility. The FMCSA has outlined four particular no zones that can be particularly dangerous to motorists:

• Side no zones: Trucks and buses have large no zones on both sides. If you cannot see the driver’s face in your side-view mirror, the truck driver cannot see you.
• Rear no zones: Unlike cars, trucks and buses have large blind spots directly behind them. This can be particularly dangerous because the truck driver cannot see you and you cannot see beyond the truck, which can be deadly if the truck has to brake suddenly.
  
• Front no zones:  Rear-end collisions often happen when a car driver passes a truck, zips into the lane in front of the rig and then slows down. That means that trucks and buses must brake suddenly. But because they are heavier, they take longer to stop, making a rear-end crash likely.
  
• Wide right turns: Truck drivers may need to swerve to the left in order to safely maneuver through a right turn. But if you’re squeezed in behind or beside them, you run the risk of an accident.

What types of damages may I receive if I am injured in a truck accident in Georgia?

After a truck accident, you may be entitled to various forms of compensation, including:

• Medical expenses (past, current and future)
• Lost wages
• Future lost income
• Loss of earning capacity
• Pain and suffering
• Punitive damages, if your case goes to trial and a Georgia court determines that the truck crash was caused by willful negligence on the part of the responsible party or parties.

In wrongful death actions, your family may be entitled to receive similar compensation for their losses.

Victim of a Georgia Truck Wreck? Call The Accident Attorneys of Monge & Associates Today

Truck accidents can be traumatizing and cause serious physical and financial damage to families. If you or a loved one has been hurt in a Georgia truck wreck, call the Accident Attorneys of Monge & Associates at (404) 994-6433 or use our online contact form. There is no fee for your first consultation.

The Accident Attorneys of Monge & Associates serve clients in Atlanta, Decatur, Lithonia, College Park, East Point, Stone Mountain, Norcross, Conyers, Riverdale, Duluth, Fayetteville, Loganville and across Georgia and the Southeast.