Atlanta Truck Accident Lawyer

Being in a truck accident in Atlanta can turn your life upside down. These accidents often result in serious injuries, complex insurance claims, and endless paperwork. That’s why having an experienced Atlanta truck accident lawyer by your side is essential. Our attorneys understand the ins and outs of federal trucking laws and Georgia’s local rules, ensuring you get the compensation you deserve.

Truck accidents involve multiple entities, including drivers, trucking companies, insurance firms, and sometimes cargo loaders. Our lawyer helps untangle the complicated web of liability by investigating driver logs, vehicle maintenance records, and accident reports. We know how to identify negligence, such as driver fatigue, improper maintenance, or overloaded cargo, which are often contributing factors in truck-related crashes.

Our Atlanta truck accident lawyer also takes on insurance companies that may try to reduce your claim. With expertise in negotiating settlements, we can help you recover the full amount for medical bills, lost wages, and emotional suffering. Whether it’s a jackknife accident on I-75 or a rear-end collision involving a commercial truck on I-285, your lawyer will build a strong case to protect your rights.

Time is critical in these cases because trucking companies and insurers act fast to protect their interests. The sooner you contact our Atlanta truck accident lawyer, the better your chances of securing the evidence you need. Call today at (404)-888-4444 for a free consultation, and let a trusted lawyer handle the legal side while you focus on healing and moving forward.

Trucking accident cases require the ability to take the case through trial. Therefore it is important to hire a firm that has the knowledge, training, and resources to pursue a trucking accident litigation in court like Wetherington Law Firm.

Our Firm focuses on trucking accident cases with serious injuries and wrongful death. And we handle them exclusively on contingency. That means that we advance all expenses and you do not pay anything unless and until we win.

Our results speak for themselves, we have secured over $100 million in settlements for our clients and you don’t have to pay us until we win. If you or your loved one was involved in a truck accident in any part of Georgia, get in touch with our Atlanta truck accident attorney today for a free case evaluation.

Why Should I Hire a Lawyer After a Trucking Accident in Georgia? 

In Atlanta, many trucking accident cases involve amputation, paraplegia, brain injuries, or broken bones. Hiring a truck accident attorney is crucial due to the complexities involved in trucking accident cases. You might expect trucking companies and their insurers to take responsibility for these serious injuries and do everything possible to make it right. But the opposite is true. It is much harder to obtain full compensation in cases with catastrophic injuries.

It is common knowledge that insurance companies do not have the best interests of trucking accident victims in mind when they adjust claims. However, most people are shocked at how effectively insurance adjusters minimize injuries and deny valid claims. We do not fall for their tricks.

At the Wetherington Law Firm, every trucking accident victim in Georgia receives a dedicated truck accident lawyer and supporting staff who will do the heavy lifting so that you can focus on your health. Our clients know that we do everything possible to obtain full value for their injuries. When you hire us, you can expect us to take the following steps immediately:

• Preserve all evidence, including the vehicles involved in the accident immediately;
• Perform a download of the black box data of the truck;
• Travel to the accident scene and preserve the physical evidence at the scene;
• Identify and interview all witnesses to your incident;
• Identify all possible defendants;
• Identify all insurance policies;
• Develop the evidence necessary to determine the correct standard of care for each defendant;
• Fully document your current medical condition;
• Work with your physicians to understand your future medical needs and how much they will cost; and
• Negotiate your medical bills;
• Keep you informed every step of the way.

Every case receives a dedicated team of experienced car accident lawyers and legal professionals who will keep you informed throughout the case.

Who Can I Sue After a Trucking Accident in Atlanta?

Commercial vehicle accidents often involve unique collision types and issues arising from improperly secured cargo. There are several potential people and businesses that you can sue after a trucking accident in Atlanta. This is a complicated area of law and where many truck accident attorneys make mistakes. At a minimum, the following parties must be considered:

1. The Truck Driver

When a truck driver operating commercial vehicle causes or contributes to an accident, the injured parties can assert a claim against him or her. Atlanta requires truck drivers to carry insurance. Depending on the type of work the truck driver was engaged in, the minimum amount of insurance a truck driver must have in case of an accident ranges from $300,000 to $5,000,000:

• Transporting Household Goods: $300,000
• Transporting General Goods: $750,000
• Transporting Oil: $1,000,000
• Transporting Hazardous Materials: $5,000,000

These coverages are the minimum amounts required. “Legitimate” trucking companies carry higher coverages. Under certain circumstances, if the injury damages exceed the policy limits, the at-fault driver can be held personally responsible for the difference. In other circumstances, the insurance company can be responsible for the full value of injuries.

2. The Owner of the Tractor Trailer

In every state, including Georgia, you may have a claim against the owner of a tractor trailer, even if the owner was not driving the car at the time of the accident.  This claim is called negligent entrustment. 

In a negligent entrustment claim liability arises from the negligent act of the tractor trailer owner in providing the tractor trailer to a driver, with actual knowledge that the truck driver is incompetent or habitually reckless. This theory commonly arises in drunk driving cases where a person has a history of DUIs and tractor trailer accidents where the company knew that the driver was a bad driver.

Where the owner of the vehicle is a large corporation, there is generally no limit to the amount that can be recovered.

3. The Trucking Company

If at the time of the accident, the truck driver was within the course and scope of his or her employment, the trucking company is liable for the truck driver’s negligence. Where the truck driver is using the truck company’s vehicle, there is a presumption that the truck driver was working in the course and scope of his employment.

Most trucking companies have a Safety Director who is responsible for training and oversight of the safety operations for the trucking company. Some safety directors take their role seriously. Others consider it their job to protect the driver and company from admitting fault, no matter how egregious the negligence.

Consulting a truck accident attorney in Atlanta can help victims explore their legal options and identify pathways for financial recovery.

4. The Company Responsible for Loading the Trailer

Most commercial trucks are not loaded by the driver. Third party shipping facilities and/or distributors are responsible for loading the trailer. Regardless of whether it is an open bed truck carrying logs or a closed trailer carrying consumer goods, the shipping facility has a responsibility to safely load the trailer.

If the trailer was not properly loaded and a load shifts or falls off of the trailer, the company responsible for loading the truck may be responsible for any injuries or damages caused by the ensuing accident. Truck accident cases often require specialized legal representation due to the intricate nature of multiple parties and insurance negotiations.

5. The Manufacturer of the Tractor Trailer

If a tractor trailer component causes an accident, such as a brake failure, you may be able to assert a claim against the truck manufacturer. This is commonly referred to as a defective vehicle claim.

Even if the accident was caused by a negligent truck driver, you may still be able to assert a lawsuit against the vehicle manufacturer if the injuries in the accident were made worse by the failure of a vehicle component. For example, a defective seatbelt may prevent the occupant from escaping the vehicle if the accident results in a fire.

There is generally no limit to the amount that can be recovered from a vehicle manufacturer in Georgia.

6. The Manufacturer of the Tractor Trailer’s Tires

If a tire fails and causes an accident, the manufacturer of the tire may be responsible.  The Wetherington Law Firm has filed suit and won against major tire manufacturers from around the world. Tires fail for a variety of reasons. 

One of the most common failure modes is due to the failure to include reasonable design features that would make the tire safe. This includes things like belt wedges and cap plies. These defective tires are a threat to the safety of every person who shares the road with the tires.

There is generally no limit to the amount that can be recovered from a tire manufacturer in Georgia.

7. The Repair Shops That Serviced the Tractor Trailer

Once a vehicle is sold, it requires regular maintenance. As vehicle systems, including tires, become more complex, the ability of consumers to perform self-maintenance is decreasing. As a result, most consumers must trust service centers to keep their vehicles and tires safe. 

Unfortunately, some service centers cut corners to save time or money and consumer lives are placed at risk. When a service center agrees to service a vehicle, the service center assumes a duty to identify and warn of dangerous conditions and to perform repairs and maintenance in a safe and professional manner.  The failure to do so can subject the retailer to liability.

8. The Contractor Responsible for the Design or Maintenance of the Road

If the accident was caused by a hazardous condition on the roadway, such as a large pothole, the contractor or government entity responsible for monitoring and repairing the roadway may be responsible for any injuries caused by the hazardous condition. Similarly, if the design of the roadway makes it more prone to accidents or serious injuries, such as failing to install a warning sign for a significant change in the road angle, the responsible government entity or contractor may be responsible for the accident.

9. Your Insurance Carrier – Uninsured/Underinsured Motorist Coverage

If the truck driver or the company that hired him or her does not have enough insurance to cover your injuries, it may be possible to recover from your own insurance coverage through a truck accident claim under underinsured motorist coverage. There are special rules when it comes to underinsured motorist coverage and they change from state to state. Because this is a complicated area of law, it is important to have a competent attorney confirm that you are receiving the full benefit of the coverage that you have purchased.

10. Your Family’s Underinsured Motorist Coverage

In Georgia, all underinsured insurance policies provide coverage for all resident relatives of the family home.  If you live in the same house as a family member but have different insurance policies for your vehicles, you may be able to recover some insurance benefits from your relative’s carrier after you have exhausted all coverage on your own uninsured/underinsured policy.

11. Your Employer – Worker’s Compensation

If you are injured in a trucking accident while in the course and scope of your employment, you may be able to recover Worker’s Compensation benefits. In some cases, it is possible to recover from both Worker’s Compensation and liability insurance after a trucking accident.

How Can I Win a Trucking Accident Case in Atlanta, Georgia?

Although the application of the law in each trucking case is very different in Georgia, all trucking accident cases come from the same rules. To recover for personal injuries or damages after being struck by a tractor-trailer, your trucking accident attorney must establish the basic elements of a tort:

1. The existence of a duty on the part of the truck driver to act a certain way or abstain from doing a certain thing;
2. The failure of the driver to perform that duty;
3. Actual injuries; and
4. Proof that the injuries were proximately caused by the driver’s negligence.

The important thing for you to know is that the first element, duty, is very important in a trucking accident case. In Atlanta, all truck drivers have the responsibility to drive in a safe manner and avoid causing harm to others. “Driving safely” generally means driving in a manner that a reasonable truck driver would do under similar circumstances. Under most circumstances, a reasonably prudent driver will:

• Drive the truck at a reasonable speed;
• Maintain a lookout for hazards and pedestrians;
• Drive in the far-right lane when possible;
• Stop or slow for others when necessary; and
• Maintain the truck and trailer in a safe condition.

When a truck driver does not drive in a reasonable manner, he or she is deemed “negligent.” Simply driving in a negligent manner does not allow someone to file suit against the negligent driver. For example, if someone is speeding, driving on the shoulder, and almost hits several vehicles – the “almost hit” car owners generally would not have a valid claim against the negligent driver. Here is an egregious example:

If the tractor trailer in the above video had actually caused an accident, the truck driver would likely be liable for damages and injuries he or she caused. Whether a person has operated a vehicle in a negligent manner is generally a question that is submitted to a jury.

This is why consulting experienced Atlanta truck accident attorneys is crucial. They have the expertise and resources required to optimize your chances of success and ensure your rights are protected.

If there is evidence that a truck driver committed one of the above violations, the jury will likely be read the following instructions:

The plaintiff contends that the defendant violated certain laws or ordinances. Such violation is called negligence per se, which means negligence as a matter of law. It is your duty to decide whether such violation took place or not.

What this means is that if you successfully prove that the alleged trucking violation took place, then negligence is established, and you only must prove that your injuries were caused by the negligent act.

How Can You Lose a Trucking Accident Case in Atlanta, GA?

After a truck accident, proof of an injury does not automatically create liability for the other driver. Truck accident victims often face challenges in navigating the legal process and require legal assistance to secure compensation. People are injured in car accidents every day and do not receive any type of compensation. In other cases, the injured person does not receive the compensation they were likely entitled. There are many reasons why people lose car accident claims. Here are the most common ways that a case is lost.

Failing to Bring a Trucking Accident Claim in Time

Georgia has a two-year statute of limitation for most personal injury lawsuits after a trucking accident.  A statute of limitation provides the maximum period in which a civil lawsuit must be started, or it is forever barred. Some states have even shorter statutes of limitation.  It is important that any claim be asserted as soon as possible to avoid losing it by failing to meet a deadline

What Damages Can You Recover After a Trucking Accident in Atlanta?

The main public policy purpose of tort law is compensation. Compensatory damages are money damages awarded to compensate the plaintiff and make the plaintiff whole. The system is not perfect. A lawsuit cannot bring back a loved one or restore the health that a person once had. However, compensatory damages are a means of attempting to place the plaintiff in the same relative position that he or she was in before the loss by way of monetary compensation. Compensatory damages are categorized as either general damages or special damages.

You Can Recover “General” Damages After a Trucking Accident

General damages are “non-economic” losses, such as pain and suffering, disfigurement, or mental anguish, all of which have no specific, itemized value.  The monetary value of general damage is determined by the jury, and jury verdicts are not consistent. A broken ankle in one courtroom could be worth $10,000 in pain and suffering. In another courtroom, it could be worth $100,000. 

Our personal injury attorney, Matt Wetherington tried a case in Fulton County that resulted in a $2.8 million verdict for a broken ankle.  You can read about that case here.  However, it is important to know that jury verdicts and settlements vary widely, even for the exact same injury.  The variance is due to the individual plaintiff, the jurors at the trial, and the effectiveness of the injured person’s attorney.

You Can Recover “Special” Damages After a Car Accident

Special damages are “economic” losses, such as medical expenses, lost wages, or the cost of hiring household help, all of which do have a specific itemized value and can be more easily determined or calculated on a simple mathematical basis – once you have obtained the necessary records to prove that the expenses were incurred. It is important to note that only medical expenses “proximately caused” by the accident itself can be recovered. For simplicity’s sake, you should know that proximate cause is often highly contested.

If the Trucking Accident Results in a Death, Special Rules Apply

When a trucking accident results in a death, the case turns into a wrongful death claim, instead of a personal injury claim.

Frequently asked questions About Atlanta Truck Accident Lawyer

Why should I trust you to help me win my truck accident case?

Our truck accident attorneys in Atlanta possess extensive experience dealing with vehicle accidents. In many cases, a judge’s ruling that the correct defendants have been identified, the allegations made are valid, and there is sufficient evidence to proceed to a jury trial is necessary before a settlement can be reached. By that point, any flaws in the case cannot be rectified.

Therefore, it is vital to engage a truck accident lawyer with the expertise and resources required to optimize your chances of success. Our attorneys have spent months presenting personal injury claims in the courtroom, resulting in historic verdicts. Moreover, we have lawyers who have spent years working for defense firms and are well-versed in the snares set by businesses and their insurance providers.

How Can an Atlanta Truck Accident Lawyer Help After a Crash?

There are several ways we can help you if you hire our services. They include:

• Legal advice: We will guide you by giving you every advice you need all through the complex legal process. We will also explain your option to you so you understand what chances you have.
• Investigation: We will thoroughly investigate your truck accident case to determine liability and other factors that will help us build a strong case. 
• Negotiation: Insurance companies will put their best foot forward and ensure they deny every claim of the accident. We will stand between you and them and negotiate on your behalf to obtain what you deserve. 
• Gathering evidence: The process of gathering evidence requires know-how to understand what evidence will give you a boost and how to get them.
• Litigation: We will take care of the complex court processes while you focus on recovering your health. We will also be presenting the evidence collected before a judge or jury at the law court.

What Evidence Is Crucial for an Atlanta Truck Accident Case?

• Police report: Getting an official statement from the police will help serve as a strong evidence of a truck accident case. The details contain date, time, and location of the incidence.
• Medical report: Getting medical report from experts of injuries or other health complications can help you go a long way. 

• Witness statement: Getting statements of people who are present on the scene at the time of occurrence will give you an advantage in the law court. This is a strong and compelling evidence that will give your lawsuit a boost. 
• Photos/videos: Getting videos/photos taken by people present on the scene will give you a boost. You can also get CCTV footage from appropriate authority for more investigation and proof.
• Expert analysis: Reports from expert analysts such as forensics will come in handy in filing a truck accident in Atlanta. 

How Can I Hire the Best Trucking Accident Lawyer in Atlanta? 

Hiring a trucking accident injury lawyer is one of the most important financial decisions you can ever make. There are a number of attorneys who hold themselves out as “experts” who have never tried a case or even settled a case involving catastrophic injuries. It is important that you ask any prospective attorney about his or her experience with personal injury lawsuits, specifically with regard to car accidents and the injuries that you sustained.

If you are ready to hire an attorney for your truck accident, get in touch with our personal injury lawyers. This is the fastest way to get started. If we accept your case, it will be on contingency. That means that you do not pay anything upfront and only pay us if we win your case. 

If we do not accept your case, we will help you find a personal injury lawyer who can. We generally only accept cases involving significant injuries. However, we know many good attorneys and will make sure that you do not have to search around for someone to accept your case.

Contact Us Our Atlanta Truck Accident Lawyer

Are you involved in a truck accident in Atlanta and looking for a trained, compassionate, experienced, and dedicated lawyer to help you navigate the complexities of legal processes and secure your entitlement? Then look no further. At Wetherington Law Firm, we focus on helping you secure what you deserve while you focus on recovering to full health. 

Our Atlanta truck accident lawyer – Matt Wetherington has almost two decades of experience in trucking accidents and catastrophic injury cases with over $100 million in court verdicts and settlements. We get better results for our clients because we take cases to trial and obtain large verdicts. Even if your case does not go to trial, the threat of a verdict will force a higher settlement. Contact our attorneys today for a free case evaluation. 

Atlanta Truck Accident Law Firm – Wetherington Law Firm Fighting for Your Justice

If you’ve been injured in a truck accident, the Wetherington Law Firm is here to help you get the justice and compensation you deserve. Truck accidents are often devastating due to the size and weight of commercial vehicles like 18-wheelers, semi-trucks, and tractor-trailers. Our Atlanta truck accident law firm specializes in handling these complex cases, from investigating the cause of the crash to negotiating with powerful insurance companies. With our experience, you can rest assured that every angle of your case will be addressed.

At Wetherington Law Firm, we hold negligent parties accountable — whether it’s a reckless truck driver, an irresponsible trucking company, or a manufacturer of faulty equipment. We are experts in federal regulations from the Federal Motor Carrier Safety Administration (FMCSA) and Georgia trucking laws, helping us identify violations like driver fatigue, poor maintenance, or overloaded vehicles. Our attention to detail ensures no critical evidence is overlooked, giving your case the best possible chance of success.

Truck accidents can leave victims facing life-changing injuries, emotional trauma, and financial burdens from medical bills and lost wages. Our truck accident lawyers in Atlanta provide compassionate, aggressive representation to secure the compensation you need to rebuild your life. From the moment you contact us, we’ll take charge — investigating the accident, gathering evidence, and dealing with insurers or taking your case to trial if necessary. 

Contact our trusted truck accident law firm in Atlanta today. You can also call us at (404)-888-4444 for free case evaluation. 

Common Causes of Truck Accident in Georgia

When it comes to truck accidents, Georgia sees its fair share of them on highways and city roads. Understanding the common causes helps in preventing these accidents and protecting lives. Below is a breakdown of some of the frequent reasons:

1. Driver Fatigue

Truck drivers are often under pressure to meet deadlines. Long hours behind the wheel, sometimes exceeding legal limits, lead to fatigue—a major cause of accidents. Fatigue impairs a driver’s cognitive function and reaction time, making it hard to respond quickly to sudden changes on the road.

2. Distracted Driving

Truck drivers, just like everyone else, are not immune to distractions. Using mobile phones, eating, or even adjusting GPS devices can pull attention away from the road. This is especially dangerous for large trucks that need more time to stop or change lanes.

3. Speeding and Reckless Driving

Trucks have massive weight and require longer braking distances. Speeding or reckless behavior—like improper lane changes—makes controlling these heavy vehicles even harder. This is common on highways like I-75 and I-85, where truck drivers may feel pressured to keep up with traffic or meet tight schedules.

4. Poor Vehicle Maintenance

Large trucks travel thousands of miles, putting strain on tires, brakes, and engines. When companies or drivers skip routine maintenance, the risks increase. Worn-out brakes or blown tires are frequent culprits in accidents.

5. Weather Conditions

Georgia’s weather can change quickly, with rainstorms and fog making roads slippery and reducing visibility. Trucks, due to their size and weight, are harder to control in these conditions, often leading to jackknifing or rollovers.

6. Overloaded or Improperly Loaded Cargo

When trucks are overloaded or their cargo is not properly secured, it can shift while the truck is in motion. This increases the chance of rollovers or loss of control, especially on turns. Some trucks also exceed the weight limits set for specific roads, putting them at greater risk of mechanical failures.

7. Driving Under the Influence (DUI)

Although not as common, some truck drivers drive under the influence of alcohol, drugs, or medication. These substances impair judgment and reaction time, making accidents more likely. Trucking companies are required to test drivers, but violations still happen.

Summary of Key Traffic Offenses Under Georgia Law

Driving While Intoxicated

OCGA 40-6-253 and OCGA 40-6-391

Speeding

OCGA 40-6-181

Using a Phone While Driving

OCGA 40-6-241

Failing to Yield to Pedestrians

OCGA 40-6-91, OCGA 40-6-92, OCGA 40-6-93, and OCGA 40-6-96

Failing to Obey a Traffic Official

OCGA 40-6-2

Conducting a Police Chase in a Reckless Manner

OCGA 40-6-6

Failing to Change Lanes to Give Space for Parked Emergency Vehicles and Construction Workers

OCGA 40-6-16 and OCGA 40-6-75

Tampering with or Stealing Road Signs

OCGA 40-6-26

Failing to Maintain One Lane

OCGA 40-6-40 and OCGA 40-6-48

Going the Wrong Way on a One-Way Road

OCGA 40-6-47 and OCGA 40-6-240

Driving a Tractor-Trailer or Bus in the Far-Left Lane(s)

OCGA 40-6-52

Failing to Yield to Emergency Vehicles

OCGA 40-6-74

Making an Improper U-Turn

OCGA 40-6-121

Failing to Exercise Due Caution Near Railroad Crossings

OCGA 40-6-140 and OCGA 40-6-142

Driving Too Slow in the Fast Lane

OCGA 40-6-184

Failing to Slow and Exercise Caution in Construction Zones

OCGA 40-6-188

Obstructing an Intersection

OCGA 40-6-205

Failing to Secure all Loads

OCGA 40-6-248.1 and OCGA 40-6-254

Driving Recklessly

OCGA 40-6-390

Causing Serious Injury by Vehicle

OCGA 40-6-394

Running a Red or Yellow Traffic Light

OCGA 40-6-20, OCGA 40-6-21, and OCGA 40-6-23

Traveling Too Close to Other Vehicles

OCGA 40-6-49

Running Stop and Yield Signs

OCGA 40-6-72

Failing to Yield to Other Vehicles

OCGA 40-6-70 and OCGA 40-6-73

Driving on the Shoulder, Gore, or Other Prohibited Areas

OCGA 40-6-50

Fleeing Police Officers

OCGA 40-6-395

Road Rage

OCGA 40-6-397

Tampering with Traffic Signals

OCGA 40-6-25, OCGA 40-6-17, and OCGA 40-6-396

Driving on the Wrong Side of the Road

OCGA 40-6-40 and OCGA 40-6-45

Passing Another Vehicle Improperly

OCGA 40-6-42, OCGA 40-6-43, OCGA 40-6-44, and OCGA 40-6-46

Going the Wrong Way in a Roundabout

OCGA 40-6-47

Turning the Wrong Way at an Intersection

OCGA 40-6-71 and OCGA 40-6-120

Failing to Yield to Funeral Processions

OCGA 40-6-76

Failing to Use Turn Signals

OCGA 40-6-123

Failing to Stop First Before Exiting a Parking Lot

OCGA 40-6-144

Drag Racing

OCGA 40-6-186

Parking a Vehicle in an Unsafe Place

OCGA 40-6-202

Driving a Vehicle with an Obstructed View

OCGA 40-6-242

Laying Drags or Intentionally Making Skid Marks

OCGA 40-6-251

Intentionally Striking and Killing a Person with a Vehicle

OCGA 40-6-393

Failing to Follow Pedestrian Traffic Signals

OCGA 40-6-22

Failing to Drive Motorcycles Safely

OCGA 40-6-310 and OCGA 40-6-311

Contact Our Atlanta Truck Accident Lawyer

Let us focus on winning your case so you can focus on healing. We work on a contingency basis—if we don’t win, you don’t pay. We also offer free online consultations to evaluate your case. Get in touch with us today!

Contact our trusted truck accident lawyer in Atlanta today. You can also call us at (404)-888-4444 for free case evaluation.