Being the victim of a hit-and-run accident in Georgia can be a terrifying experience.   These incidents are serious, and they happen far too often. If you have been the victim of a hit-and-run, you may be worried about identifying the other driver, taking pictures or recording the accident scene, and interacting with law enforcement.  Then you have to worry about getting compensation for your injuries and damages. Remembering a few key things can help you protect your rights and maximize any compensation you might be eligible to receive.

How to Report a Hit-and-Run

After the initial shock of a hit-and-run accident, taking the proper steps is critical.  Georgia law requires you to “immediately” report any accident involving injuries, deaths, or more than $500 in property damage to the police. Here’s how to report a hit-and-run crash in Georgia:

• Call 911: When you dial 911 to report the incident, be ready to provide as much information as possible. If possible, include your location, a description of the hit-and-run driver or their vehicle, and any other details that might be helpful.
• Wait for the Police: Don’t leave the accident scene until law enforcement arrives.  Particularly inn Georgia, where it’s not only essential to any personal injury claim, but is also the law. Furthermore, you should document everything you can remember about the accident and the fleeing vehicle.  Take photos of any damage to your car and the scene. Be sure to get contact info for any witnesses who saw the accident. All of this will support your police report.
• File a Police Report: Once the officers arrive, you must file a police report. This report is an official record of the incident and will play a vital role in any subsequent legal action or insurance claims. Be honest and as detailed as possible when providing your account of the accident.
• Notify Your Insurance Company: The most important, and final step, is to report the incident to your own auto insurance company as soon as possible. Be sure to provide them with a copy of the police report after the police have completed their initial investigation. Taking swift action will help expedite any claims you need to make.  It also helps preserve your ability to be compensated under any uninsured/underinsured motorist insurance coverage you may have.

Being the victim of a hit-and-run can quickly become overwhelming, but don’t lose hope.  Our experienced lawyers are here to help. We will evaluate the details of your accident and advise you on the best path forward to recover compensation.  Give us a call today at 770-214-2500 for a free consultation.

 

Along with a duty to represent our clients, all of us at Smith, Wallis & Scott, LLC - SWS Accident & Injury Lawyers feel we owe a duty to give back to our community whenever possible.  For the 2023-2024 school year we have the pleasure of sponsoring the teachers of the month at each of the Carrollton City Schools.  Every month we present the teachers of the month at Carrollton Elementary School, Carrollton Upper Elementary School, Carrollton Middle School, and Carrollton High School with a check to show our gratitude for their hard work educating the children in our community.  Afterwards, we take a picture of the winners and place them on a digital billboard to help introduce our community to these wonderful educators.  Below are some examples of our billboard designs recognizing the winners.

 

A special thank you to Superintendent Dr. Mark Albertus and principals Dr. Kylie Carroll (Carrollton Elementary),  Tabitha Walker (Carrollton Upper Elementary), Eric Simmons (Carrollton Middle), and Ian Lyle (Carrollton High) for allowing us to support these wonderful educators.

Medical malpractice in Georgia refers to the professional negligence or misconduct by a healthcare provider, such as a doctor, nurse, dentist, or other medical professionals, which results in harm to a patient. This negligence may occur through actions, errors, or omissions during the diagnosis, treatment, or general care of a patient. Medical malpractice cases typically involve a breach of the standard of care that a reasonably competent healthcare professional would provide in similar circumstances.

Recent studies have estimated errors may account for as many as 251,000 deaths annually in the United States, making medical errors the third leading cause of death. Error rates are significantly higher in the U.S. than in other developed countries such as Canada, Australia, New Zealand, Germany and the United Kingdom.  At the same time less than 10 percent of medical errors are reported.

Common types of medical malpractice include:

1. Misdiagnosis
2. Delayed diagnosis
3. Childbirth injuries
4. Medication errors
5. Surgical errors
6. Premature discharge
7. Inadequate follow-up care

To establish a medical malpractice case in Georgia, the patient or their representative must generally prove 4 things:

1. Duty: The healthcare provider owed a duty of care to the patient.
2. Breach: The healthcare provider breached the standard of care by failing to meet an acceptable level of competence and skill.
3. Causation: The breach of duty directly caused the patient's injury or harm.
4. Damages: The patient suffered measurable harm or damages as a result of the healthcare provider's actions or negligence.

Medical malpractice cases can be complex, and they often involve expert testimony to establish the standard of care and to demonstrate how the healthcare provider's actions deviated from that standard.  Additionally, medical malpractice cases can be very expensive to bring to trial, with expenses typically exceeding $50,000.00 before the case even makes it to a court room.

With that being said, medical malpractice cases have a higher average settlement value compared to other injury cases.  This is due to the severe nature of the injuries caused by medical negligence.  Nationally, the average settlement payout for medical malpractice claims is between $300,000 to $380,000.  For cases that go to trial, and win, the average verdict is just north of $1 million dollars.

Laws regarding medical malpractice vary by jurisdiction, and there are specific procedural requirements and time limits for filing a claim.  In Georgia, you have 2 years from the date of the malpractice (or 2 years from when a reasonable person would have learned of the malpractice) in order to file a lawsuit.  Additionally, Georgia requires that any malpractice suit include a signed affidavit from a physician who practices in the same specialty as the physician accused of malpractice.  Without the accompanying affidavit, any malpractice lawsuit will be dismissed.

If you believe you have been a victim of medical malpractice, give our attorneys a call today at 770-214-2500 for a free consultation to assess the merits of your case.

 

Yes -- you can sue someone personally following a car accident.  You have to file the lawsuit within 2 years of the date of the accident.  Additionally, you will be required to prove the following things:

1. Breach of duty - Every driver has a duty to drive safely when operating a motor vehicle, so you have to prove that the other driver unsafely or negligently operated their vehicle.
2. Causation - You have to prove the other driver was at-fault, or responsible for causing the accident due to their unsafe driving.
3. Damages - In order to receive a judgement, or settlement, in your favor you must prove the amount of damage cause by the other drivers actions.  This includes the amount of property damage to your vehicle, as well as any personal injuries you may have suffered.

Proving causation in Georgia car accident

In order to prove the other driver was at-fault, you must show that the accident was due to their unsafe or negligent operation of a motor vehicle.

Common causes of car accidents include:

1. Speeding - If the other driver was speeding at the time of the accident, it will likely be a partial cause of any accident.  Exceeding the speed limit is dangerous as it allows for less time for a driver to react to situations on the road.  Additionally, the faster a vehicle is travelling at the time of an impact, the greater the amount of damage will be.
2. Driving Under the Influence - It is illegal to operate a motor vehicle while under the influence of drugs or alcohol in Georgia.  If an at-fault driver was under the influence at the time of the accident, it is assumed they were the cause of the accident.
3. Failure to Obey Traffic Signals - Traffic lights, stop signs, and other traffic signals are placed to regulate the safe flow of traffic on the road.  When someone ignores a traffic signal which results in an accident, proving causation is generally easy.
4. Distracted Driving - Given easy access to technology today it is easy for a driver to become distracted.  Whether it be using a cellphone or smart watch, or rambunctious children in the back seat, a distracted driver is a dangerous driver.
5. Following too Closely/Tailgating - Following another vehicle too closely decreases reaction time and increases the chance of an accident.

Proving damages in Georgia car accident

In order to successfully sue someone following a motor vehicle accident, you must show that suffered damages.  These include property damage to your vehicle, as will as personal injury damages such as medical bills or lost wages.  Ways to prove damages include:

1. Repair estimates - Many times your insurance company, or the other driver's insurer, will obtain a repair estimate for damage to your vehicle.  If not, you will be responsible for obtaining an estimate from a repair shop to be used as evidence in court.
2. Medical bills - Any bills received for medical treatment should be saved and used as evidence in court.
3. Lost wages - If you are forced to miss work due to a car accident, providing pay stubs, or a letter from your employer, will be important in establishing damage to your earnings.

Being the victim of a car accident can affect your life in countless ways. If you were injured in a collision caused by another party, let the attorneys at SWS Accident & Injury Lawyers handle all aspects of your case so you can focus on recovering from your injuries.

Legal jargon and terminology can be difficult to understand for anyone, including lawyers.  Below is a list of commonly used legal terms in a Georgia personal injury claim.

Personal injury

Personal injury refers to any injury caused by another party’s negligence. It could be physical, mental, or emotional and includes property damage. The victim can file a personal injury lawsuit against the at-fault party to recover compensation for the negative consequences of the latter’s actions.

Complaint

Aa lawsuit is initiated by filing a complaint with the appropriate court. The personal injury complaint is the formal expression of your grievances.

Prayer for Relief

The complaint also includes a "prayer for relief", which is a fancy way of saying it includes information concerning how much money you want.

Plaintiff

The plaintiff is the individual, or group of individuals, bringing the lawsuit.  Generally this is an individual who is claiming they were injured or damaged as a result of the actions of someone else.  For example, If you slip and fall and sue the store where the slip and fall occurred, you would be the plaintiff in the lawsuit.

Defendant

The plaintiff serves the complaint upon the defendant. The defendant is the party that is allegedly liable for the plaintiff's injuries. In the prior example, the grocery store would be the defendant.

Answer

Defendants file a formal answer to the complaint, which serves to notify the plaintiff and the court of the defendant's position regarding the allegations.

Statute of Limitations

A statute of limitations is the time period (set by law) in which you may file suit claiming damages. The statute of limitations can vary from case to case depending upon the circumstances, and can vary from as little as one year to as long as ten or more in civil suits.

Personal injury cases, which generally are based on negligence, tend to have statutes of limitations in the area of two to three years, with special exceptions carved out for malpractice cases.

State law controls statutes of limitations, so if you are thinking of filing suit, be sure to speak with a qualified lawyer as soon as possible,

Torts

A tort is any wrongful act that is not a crime and does not arise from a contract.  Nearly every cause of action in a civil suit -- including personal injury suits -- is a tort.  Negligence, medical malpractice, wrongful death, and libel/slander are all examples of torts.

Intentional Torts

Intentional torts are wrongful acts committed on purpose. Many intentional torts can also be considered crimes.   For example, assault/battery, can lead to both civil and criminal liability. So, too, can theft, and wrongful death (murder, manslaughter, etc.).

A tort forms the grounds for a lawsuit seeking damages that are necessary to make a plaintiff whole. Criminal cases, even if arising from tortious acts, don't provide for damages. They are brought by the state with the express intent to punish criminals.

Negligence

Negligence is a tort arising from carelessness or the failure to act with reasonable care, when such conduct causes damage to the person or property of another. To prove negligence a plaintiff has to prove four things. First, that the defendant had a duty or legal obligation to the plaintiff. Second, that the defendant violated or breached that duty. Third, that the breach caused damage to the plaintiff; and fourth, that damages actually exist. Duty, breach, causation and damages are the backbone of nearly every personal injury case.

For example, all stores have a duty to keep the aisles free of hazards.  They breach this duty if they fail to adequately clean up the spills and other hazards in a reasonable period of time.  If a store breaches their duty, and you slip and fall as a result causing physical and financial damages.  Given these facts, the store was negligent.

Burden of Proof

The burden of proof refers to the plaintiff's obligation to prove his or her allegations to be true -- or at least more likely true than not. There are several different threshholds that could apply depending upon the type of case being litigated.

In a personal injury case, the burden of proof normally applied is that a plaintiff must prove by a preponderance of the evidence that the defendant is liable. Simply put, personal injury plaintiffs must prove that the defendant's actions more likely than not caused the plaintiff's injuries. Continuing on with our example, in your suit against the grocery store, you'd have to prove that the store was more than 50% at-fault for your injuries in order to recover damages.

Strict Liability

Strict liability is a legal theory that imposes liability for certain acts or injuries causing damage regardless of fault or wrongdoing. For example, farmers are strictly liable for the actions of their cattle. So if a farmer's herd tramples a neighbor's crop, the farmer is liable regardless of any wrongdoing. In the 21st Century, strict liability is most often applied in cases involving defective products holding manufacturers liable for injuries sustained as a result of using their products.

Strict liability essentially shifts the burden of proof to the defendant, forcing the defendant to prove that they are not liable as opposed to typical negligence-based cases where the plaintiff must prove that the defendant is at fault.

Damages

Damages are what a plaintiff is seeking to recover in a lawsuit. In a personal injury suit, damages generally equal money. Damages are separated into two categories, economic damages and non-economic damages. Economic damages are quantifiable damages such as medical expenses, wage loss, replacement services and auto repair bills. Non-economic damages are not specifically quantifiable, and include such things as pain, suffering, and humiliation.

Contributory Negligence

Contributory negligence is a legal concept that relates to personal injury and tort law.  Comparative fault and contributory negligence can reduce or even eliminate damages altogether.   It refers to a situation where the plaintiff's own actions or behavior contribute to their own injury or damages. In other words,  plaintiff was partially at fault for their own injuries or losses.  Georgia has a modified contributory negligence standard, which means if the plaintiff is found to be more than 50% at fault, then they are owed no damages.

Georgia Courts have held contributory negligence is not an available defense to a defendant when an intentional tort, such as assault, battery, or theft, is alleged.  McEachern v. Muldovan, 505 S.E.2d 495, 500 (Ga. App. 1998).

If you have been injured due to the actions of someone else, give our lawyers a call today at 770-214-2500 for a free consultation.

 

 

What are the Benefits of Hiring an Accident Lawyer in Carrollton, GA?

Hiring an experienced good Georgia car accident attorney makes a lot of sense if you’ve been seriously injured in a motor vehicle accident. But how do you go about finding appropriate legal representation? You’re in the midst of a difficult situation, and you may be tempted to simply go online and contact the first law firm appearing on the search engines. Resist that temptation – your entire case depends on doing your research and finding a qualified firm that shares your values and has the capacity, knowledge, negotiating chops and courtroom skills to advocate aggressively on your behalf

Understanding Legal Representation after a Car Accident

• After a car accident, a lawyers role is multifaceted.  A good lawyer will be able to listen to your description of the events, and evaluate the evidence to come up with a gameplan to maximize your recovery.

How Can A Carrollton GA Accident Lawyer Protect your Rights?

• A lawyer will help protect your rights in multiple ways.  They will first ensure the proper parties have notice of the incident.  They will also ensure any deadlines, or statutes of limitations, are not violated.

What Steps Should I Take After a Car Wreck in Carrollton, GA?

Car accidents happen every day in Georgia, even to safest drivers. The first thing to do is to try and remain calm.   Keeping a calm will help you document the accident and accurately.

Follow the following steps after a crash to set yourself up for the best possible outcome.

Immediate Actions to Take

1. Check for injuries and move to a safe area.
2. Call 911 so a law enforcement officer can complete a report.
3. Exchange information - This should include the other drivers name, address, and phone number, as well as any passengers in the vehicle. Also collect the other drivers auto insurance information, specifically the company name and policy number.

Documenting Evidence

• Take pictures or videos of the accident site, as well as any damage to the vehicles.
• Write down your recollections of any details regarding the accident. This should include the time of day and weather conditions.

Seek Medical Treatment

• Seek medical treatment for any injuries. Even if you think an injury is minor and will resolve on its own, it is super important to have documentation regarding any injuries and medical treatment you may receive for those injuries.

How Can a Carrollton GA Accident Lawyer Assist in the Claims Process?

Filing an insurance claim can be a dauting task.  From knowing if you can trust the insurance company, to knowing what information to provide is alot to ask for someone who has been injured.  An accident lawyer can handle all of this for you.

Understanding the Complexities of Filing an Insurance Claim After a Georgia Car Accident

It is important to remember that auto insurance companies (most anyway) are private businesses or corporations whose main goal is to make a profit for their shareholders.  Insurance companies are not charitable entities and do not have your best interest in mind.  Common tactics employed by insurance companies include:

• Denying claims outright - Some insurance companies simply make it a policy to outright deny as many claims as they can possibly get away with, which naturally is a great way for them to save big. Some insurance companies go so far as to reward the employees who deny the most claims.
• Delay, Delay, Delay - Another tried and true tactic is delaying the process to the point that many people simply give up (meanwhile, insurance companies make money off the interest and investments they are required to hold to pay out claims). Sometimes giving up is just the easiest path—and if you’re injured in a car accident, you may not have much fight left in you.
• Speaking in legalese - Contracts of any sort are well known for how hard they are to understand, but car insurance policies often intentionally include legal jargon intended to confuse policyholders. Some insurance companies also incorporate obscure coverage clauses that policyholders don’t understand until it’s too late.

Ensuring Fair Compensation

Once you've obtained appropriate documentation, your lawyer will submit a settlement demand package. This will include a letter explaining what happened and how it impacted you, plus plenty of documentation to back up your allegations. After the demand package is reviewed, there will likely be some negotiations with the insurance provider. The insurer may claim that the demand is too high, given the extent of the injuries - but this can be negotiated until a settlement that both parties find acceptable is reached. Further complications may occur due to Georgia's modified comparative fault approach, in which the negligence of both parties is considered.

What types of Compensation are Available After a Car Accident in Carrollton, GA?

The most common types of compensation following a car accident include:

Medical Expenses

Medical bills can add up quickly in the aftermath of a car accident. In addition to sometimes lengthy hospital visits, victims may require ongoing rehabilitative care. A variety of immediate and ongoing medical expenses may be covered by compensatory damages.

Lost Wages and Future Earnings

If the injuries that occurred during your Georgia accident have left you unable to carry out your usual duties at work, you may be eligible for remuneration of lost wages.

Pain and Suffering:  Damages for Emotional and Physical Distress

The suffering caused by a car accident goes far beyond physical pain. Emotional trauma is also common, with many car crash victims experiencing symptoms of post-traumatic stress disorders years after the accident occurred. Pain and suffering damages recognize this and compensate victims accordingly.

How Can I Choose the Right Carrollton GA Accident Lawyer for My Case?

Before calling up firms to schedule consultations, stop and clarify what you need out of the relationship and what you expect. Fill in this blank: “I need a Georgia car accident attorney because ______.” Maybe you just crave fair compensation for your injuries. Maybe you need insight into what to do if the other driver lies or takes action against you. Maybe your goal is to get this off your plate ASAP, so you can finish a big work project.

Next, spell out your standards. What do you expect from your team? Maybe you need to hire someone within 15 miles of your house. Maybe you want to be sure the firm will treat you as an individual and really spend time with you. Maybe you want to find the most aggressive possible car accident lawyer.

Evaluating Experience and Expertise

Before choosing a firm, interview prospective lawyers in person. Have a list of questions to ask. These might include:

• Why do you and your team practice personal injury law? What drew you to this field?
• What are your firm’s strengths? What makes your team special?
• What are your weaknesses? Why wouldn’t someone hire you?
• What sort of experience do you have with cases similar to mine?
• What charges can I expect? (Most car accident lawyers take cases on a contingency basis, but not all do. Some firms bill for things like photocopying and postage. You may need to pay fees for medical and other experts to review the case. Get clarity.)
• How often can I expect updates on my case?
• How long do you guess my case will take? What are potential challenges that could arise?
• What’s your process for handling cases like mine?
• Once you have asked these and other relevant questions, spend time deliberating. Pay attention both to the technical information you’ve obtained as well as to your intuition about the firm. Sometimes, our gut instincts pick up on key factors that our conscious minds neglect.

What Sets SWS Accident & Injury Lawyers Apart from other Carrollton GA Firms?

SWS Accident & Injury Lawyers have successfully represented for more than 30 years.  Some of the reasons our clients have trusted us to represent them include:

A Commitment to Personal Relationships

We pride ourselves on having personal relationships with all of our clients. By building a relationship, it allows us to understand your needs and make sure you are comfortable with everything involving your case.

Track Record of Success: Demonstrating Our Ability to Secure Favorable Outcomes

Our track record of obtaining high judgments and settlements for our clients is unmatched.  A few examples of our recent wins include:

• $7.95 million dollar settlement in a work accident involving a traumatic brain injury.
• $3 million settlement for an individual crushed by a frontloader.
• $1.6 million dollar settlement for individual injured in a car accident.
• $1 million dollar settlement for car accident involving a dump truck.

Client Reviews and Insights

Nothing we can write here will speak as loudly as the words of our own clients.  So don't take our word for it, check out reviews and testimonials from past clients by clicking the link here.

 

Facing a personal injury can be a challenging and overwhelming experience.  Choosing the right lawyer to represent your interests is an important decision that
can often affect the outcome of your case. In this blog post we will guide you through the steps you should take to help you in choosing the best Georgia car accident
attorney to represent you.

Step 1: Assess Your Needs

Consider the type of injury you have suffered, the circumstances around it, and the complexity of your case. Different attorneys specialize in different areas of personal injury law. Therefore, knowing your specific needs will help narrow down your options.

Step 2: Seek Recommendations

It is always a good idea to seek recommendations from trusted friends and family members if they have had personal experiences with injury attorneys in your area. It is also a good idea to ask
other professionals, such as your family lawyer or doctor for referrals.

Step 3: Check Reviews and Testimonials

Online reviews can be a crucial part of finding the right personal injury attorney. These reviews can give you good insight into what experiences other clients of the firm have to say about the legal services they received at the law firm. Look for reviews on Google, Yelp or other legal directories. Consistently positive feedback is a very good sign.

Step 4: Evaluate Communication and Accessibility

Effective communication is a crucial part of legal representation. Discuss communication preferences and assess their willingness to be responsive and communicate with you throughout the
process. Ask about how often you can expect updates on your case and how you can best reach your attorney and their staff.

Step 5: Consider Expertise and Experience

Consider the attorney’s experience in handling cases similar to your case. Ask about their success rate with settlement, mediation, and trial. An attorney that is experienced will have more likelihood of success in navigating complex personal injury cases.

Step 6: Ask Questions

Prepare a list of questions that come to mind after your car wreck or injury. Bring your list of questions to the initial consultation with the attorney. An experienced attorney will give you transparent answers and address all of the concerns you have up front.

Step 7: Assess Compatibility

It is very important to find an attorney that makes you feel comfortable and gives you a feeling of confidence and ease. Trust your instincts and consider if you can build a positive and trusting relationship with your attorney.

Step 8: Discuss Fees and Payment Structure

It is always a good idea to have an upfront and honest conversation regarding fees and payment structure. Most personal injury attorneys get paid on a contingency fee basis, meaning they only get paid if they win your case. Be sure you understand how the fee agreement is structured because every attorney handles it differently.

Selecting the right personal injury attorney is a crucial step in seeking justice and compensation for your injuries. Take the time to do your research and find a good
fit for you. Ultimately, trust your instincts when making your choice. Choose an attorney who make you feel heard, understood, and gives you confidence in their
abilities. Remember that your attorney will be your guide and advocate throughout the process of your case. They should always have your best interest in mind when
making decisions about your case.

If you've been injured in a car accident give our lawyers a call today at 770-214-2500 for a free consultation.

If someone asked you the most dangerous season of year to drive, what would your answer be?  If you guess Fall, you would are correct.  Fall is the most dangerous time of the year to drive, even more dangerous than winter.  Not  too many people realize it, but fall is the most dangerous season with a motorist’s risk of being involved in car accidents at its highest during these days.

Carfax recently announced that according to its data, it is autumn and not winter which is the deadliest season of the year for drivers.  In fact, according to the data, more than 72% of Americans live in states like Georgia where fall is the deadliest season of the year with the highest number of auto accidents recorded.

There are a number of reasons why the risk of car accidents is greater during fall season compared to other times of the year, but the 3 biggest culprits of increased accident are:

1. Diminishing daylight: Fall means shorter days, and that means more driving in the dark, when drivers are twice as likely to have an accident as in daylight.  The data indicated  half of U.S. accidents happen in the dark, but those hours account for only 25% of travel.
2. Slick surfaces: Wet leaves brought down by storms can be as slippery as ice.  Experts noted that braking on wet leaves can make a car travel more than twice as far as braking on a dry road.
3. Deer danger: Mating season for deer runs from October through December, and nearly half of deer crashes nationwide happen in just those three months.  In addition, one study noted that deer-car collisions spike almost 16% in the week after the end of Daylight Saving Time because of the jump to an earlier sunset.

Avoid becoming a car accident statistic this Fall by following a few simple steps.

• Safe speed is key to staying safe on the road during the season.  Stay within safe speed limits, and ensure that you leave plenty of distance between your car and the vehicle in front of you.
• Look out for deer on routes that see high populations of these animals such as rural areas and forest areas.
• Make sure that your car is in  peak condition.  Check  your tires  regularly.  The  sudden dips in temperatures can lead to loss of air.  Be particularly cautious when you travel on roads that are covered with wet leaves.  These  may look harmless, but can be very slippery.  Wet leaves can also conceal possible dangers like potholes and road bumps.
• You might find yourself staring into glare from the sun in the morning.  Wear  sunglasses to protect your eyes from the glare  and maintain optimum visibility.

If you have been injured in a car accident, give our lawyers a call at 770-214-2500 for a free consultation.

SWS Accident & Injury Lawyers have more than 30 years of experience representing victims injured in accidents involving commercial vehicles, big rigs, and 18 wheelers.  Heavy commercial vehicles, Big Rigs/18 Wheelers, and other large trucks constitute less than 5 percent of all registered vehicles nationwide.  Yet statistics from the National Safety Council reveal that over 9 percent of fatal crashes on U.S. roadways involve at least one large commercial truck or bus.   A significant observation from this data is that of all the individuals killed in large truck crashes on American roads, more than 70 percent were occupants of other vehicles involved in the accident rather than the occupants of large trucks themselves. While acknowledging the essential role these multi-ton rigs play in sustaining modern society, it's evident that they pose significant risks.

Introduction to Commercial Trucking Accidents

In Georgia, a commercial vehicle is defined as any vehicle that:

• Has a gross vehicle weight rating of 10,001 lbs. or more (single vehicle or total GVWR of a
  combination of vehicles);
• Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
• Is designed or used to transport more than 15 passengers (including the driver) and is not used to
• transport passengers for compensation; or
• Is used to transport hazardous materials in a type and quantity requiring placards.

Common Types of Commercial Truck Accidents

1. Truck Rollovers - Drivers/operators of large commercial vehicles must take extra precaution when turning due to their vehicles high center of gravity.  Due to the high center of gravity, commercial vehicles face greater strain when navigating turns, and are more likely to rollover.  Some rollover may be caused by someone acting recklessly or distracted driving, other rollovers can be cause by improper loading of the vehicle or due to tire blowouts.
2. Rear End Collisions - Whether due to distracted driving, an emergency situation, or just plain bad luck.  A rear end collision involving a large truck can be devastating to the increased amount of forces caused by a large and heavy commercial vehicle.
3. Jackknife -  This occurs when a trailer being pulled by another vehicle swings around like a folding jackknife or pocket knife.  This can occur due to improper turning or breaking by the driver of the pulling vehicle.  It can also occur during wet weather when a driver attempts to brake to quickly for conditions.
4. Head-on collisions - Although not as prevalent as some other types of accidents, the results of a head on collision with a commercial vehicle are devastating.  These types of collisions are frequently caused by overworked and/or sleep deprived operators.
5. Sideswipe Accidents - Have you ever seen the sign on the back of a large truck that states something similar to, "If you can't see my mirrors then I can't see you."  If so, then you know that large commercial vehicles also have large blind spots.  These blind spots result in sideswipe accidents where a large vehicle will change lanes either forcing the other vehicle off the road, or actually making contact with the side of another vehicle.  Because these types of crashes often happen at high speeds, the resulting damage and injuries can be extreme.
6. Wide Turn Collisions - When making right-hand turns, truck drivers face tighter maneuvers compared to left-hand turns, necessitating special caution. To navigate these turns safely, some truck operators opt to swing their cabs wide to the left before executing the right-hand turn, aiming to avoid the "right turn squeeze" that occurs when trailers lack adequate space for proper turning. However, this maneuver poses risks to vehicles in adjacent lanes, which could collide with the trailer or become trapped beneath the truck as it swings left.

Federal Regulations for Commercial Vehicles

FMCSA regulations, overseen by the Federal Motor Carrier Safety Administration, are designed to ensure the safety of commercial truck operations on U.S. roadways.  These regulations cover various aspects of trucking, including driver qualifications, hours of service, vehicle maintenance, and cargo securement.

• FMCSA regulations set standards for driver licensing, training, and medical examinations to ensure that commercial truck drivers are qualified and fit to operate these large vehicles safely.
• Hours of service regulations dictate the maximum amount of time drivers can spend behind the wheel and require mandatory rest periods to prevent driver fatigue, a leading cause of truck accidents.
• Vehicle maintenance regulations mandate regular inspections and maintenance to keep commercial trucks in safe operating condition and minimize the risk of mechanical failures on the road.
• Cargo securement regulations ensure that loads are properly secured and distributed to prevent shifting or falling, which can lead to accidents or roadway hazards.
•  Compliance with FMCSA regulations is crucial for trucking companies and drivers to avoid fines, penalties, and potential liability in the event of accidents.

Ensuring a commercial vehicle and it's driver are compliant with the appropriate federal regulations are of the upmost importance when investigating an commercial vehicle accident.  Violations of these regulations can help provide evidence of negligence, and lead to substantial penalties and fines for those find in violation.

Federal Insurance Requirements for Commercial Vehicles

Federal law requires commercial vehicles to maintain a minimum of between $750,000.00 and $5,000,000.00 in liability insurance depending on the cargo carried.  Any commercial vehicle carrying people, for example a bus, is required to have a minimum of $1,500,000.00 for vehicles carrying less than 15 passengers, and $5,000,000.00 for vehicles capable of transporting more than 15 passengers.

Common Injuries in Commercial Vehicle Accidents in Georgia

The most common injuries caused during commercial vehicle accidents include:

1. Whiplash - This is caused by the sudden jerking motion of the neck.  It can cause pain and tingling in the neck and upper extremities.  It can also cause loss of mobility and stiffness.
2. Traumatic brain injuries (TBI) - This caused when the brain is bounced around within the skull due to impact.  These can range from concussions to long lasting brain damage resulting in a decline in cognitive function, memory loss, and other neurological deficits.
3. Spinal cord injuries - Trauma to the back and spinal cord can lead to paralysis, pain, and loss of sensation of particular parts of the body.
4. Broken bones - Due to the size and force created in a commercial vehicle accident, broken bones are common.  Broken bones are extremely painful, and if not treated quickly, can result in prolonged and expensive rehabilitation and therapy.
5. Burns - Fires or chemical spills in commercial vehicle accidents can result in severe burns, leading to pain, scarring, and long-term complications.
6. Psychological/Emotional Trauma- The emotional impact of a commercial vehicle accident, including post-traumatic stress disorder (PTSD), anxiety, and depression, can significantly affect the victim's quality of life.
7. Amputations - Some severe injuries may require amputation of limbs and/or digits, resulting in permanent physical and psychological disabilities.
8. Death - Unfortunately, some commercial vehicle accidents result in death.  Leaving families to cope with the devastating emotional and financial loss of a loved one.

Steps to Take After a Commercial Vehicle Accident

1. Get to Safety - Whether it be remaining in your vehicle, or walking to the side of the road away from traffic.  The most important thing following an accident involving a commercial vehicle is to get tot safety.
2. Contact emergency services - A call to 911 to inform law enforcement and emergency medical personnel is the next step.  Law enforcement can assist in creating and maintaining a safe environment, while also investigating the cause of the accident.  Emergency medical personnel will be able to ensure anyone suffering an injury is stabilized and taken to receive any emergency medical care they require.
3. Gather evidence - If possible take pictures of any vehicles involved in that accident.  Also document any visible injuries of people involved in the accident.  If possible, collect insurance information from drivers/occupants of any vehicles involved in that collision.
4. Get medical treatment - No matter how small an injury may seem at the time, due to the forces involved in a commercial vehicle accident, it is important to be evaluated by a medical professional.  Many injuries such as whiplash and soft tissue trauma can take hours or days to manifest.  As such, it is important to be evaluated by a medical provider in order to obtain the proper treatment and documentation any injury may require.
5. Talk to an experienced lawyer -  It is important to talk to an experienced commercial accident lawyer as soon as possible.  In addition to making sure any injuries are documented, a good lawyer will begin sending spoilation letters to involved parties to preserve evidence that can be crucial in bringing a claim for compensation.  Additionally, a good lawyer will begin to develop a strategy to maximize your compensation by determining the correct jurisdiction, parties, and other legally relevant information specific to you.

Why You Should Hire SWS Accident & Injury Lawyers for You Commercial Vehicle Accident

1. Experience - Our firm has been privileged to help victims of commercial vehicle accidents for more then 30 years, with our lawyers having more than 75 combined years of practicing law.
2. Expertise - Our firm only represents victims of commercial vehicle accidents and other personal injury situations.  We have successfully settled and achieved favorable verdicts through Georgia's State and Superior Courts, as well as Federal courts.
3. Authority - SWS Accident & Injury Lawyers is often the referral choice for many other firms in Georgia who lack the resources or expertise to pursue commercial vehicle claims.  We pride ourselves in being trusted by our colleagues to achieve the best possible results for our clients.
4. Trustworthy - You can trust our lawyers to treat you like family and go the extra mile to ensure that your legal, medical, psychological, and financial needs are met following a commercial vehicle accident in Georgia.

 

If you or someone you know has been injured in a commercial vehicle accident in Georgia give our lawyers a call today at (770) 214-2500 for a free consultation.