
Voted Best Personal Injury Law Firm By Georgia Lawyers
Atlanta Truck Accident Lawyer
Client Testimonials
Matt Wetherington with Wetherington Law Firm,P.C. is the hardest working attorney I have ever worked with. He went above and beyond our expectations. Calls and emails are returned promptly and by Mr. Wetherington himself.
– Kelly
5 Stars is nowhere near enough to rate how awesome Matt and his colleagues were. They took my case even when I didn’t think there was anything we could do. I was in a bad situation at the time and Matt, Robert, and Sarah were there for me every step of the way.
– G.B.
I’m so grateful to Ben Levy and everything he did for me. He was truly dedicated to helping my case. Throughout the process, Ben was very thoughtful, responsive, organized, and made sure I was fully informed along the way.
– Shira
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When a devastating truck accident in Atlanta claims a loved one or causes severe injuries, an Atlanta truck accident lawyer provides the legal expertise needed to pursue justice. These crashes, from jackknife incidents on I-285 to rollovers on I-75, often stem from driver fatigue, improper maintenance, or company negligence, governed by Georgia Code § 51-1-2 and federal FMCSA regulations.
Truck accidents are complex and often lead to serious injuries, overwhelming insurance claims, and endless paperwork. Our skilled Atlanta truck accident attorney, Matt Wetherington, investigates liability, utilizing evidence like black box data and driver logs to secure compensation for medical bills, lost wages, and emotional distress. With extensive experience in Atlanta’s courts, such as Fulton County Superior Court, our truck accident lawyers hold trucking companies accountable, as shown by securing a $12 million judgment resulting in multiple orthopedic injuries, ensuring the recovery you deserve.
Choosing the right attorney is critical as Georgia’s two-year statute of limitations (Georgia Code § 9-3-33) demands prompt action to preserve evidence like crash reports or surveillance footage from Hartsfield-Jackson Airport’s heavy truck routes. Look for a truck accident attorney with a proven track record in truck accident cases, backed by strong client reviews and active affiliations with organizations like the Georgia Trial Lawyers Association.
Our transparent contingency fee structure (typically 25–40%) means no upfront costs, and our access to top experts, including accident reconstructionists, strengthens your case. Whether facing a negligent driver in Midtown or a corporate giant in Downtown Atlanta, our trucking accident attorneys in Atlanta negotiate aggressively with insurers to maximize your compensation or take your case to trial if a favorable agreement cannot be reached.
Don’t get overwhelmed trying to handle insurance companies and all the paperwork after a truck accident; you deserve rest and proper recovery. Our Atlanta truck accident attorney offers compassionate, personalized guidance, handling complex claims so you can focus on healing. From wrongful death cases to catastrophic injuries, we serve clients across Atlanta, from Buckhead to Decatur, with free consultations to evaluate your case.
Our firm focuses exclusively on serious trucking accidents and wrongful death cases and we work entirely on contingency. We advance all expenses, and you pay nothing unless we win. Our results speak for themselves; we have secured over $100 million in settlements and verdicts for our clients. If you or your loved one was involved in a truck accident in any part of Atlanta, get in touch with our Atlanta truck accident lawyer today for a free case evaluation.
What are the Qualities to Look for in an Atlanta Truck Accident Lawyer?
Choosing the right truck accident lawyer is critical to securing justice and compensation after a devastating crash in Atlanta or beyond. The best truck accident attorneys combine specialized expertise, compassionate client care, and strategic resources to navigate the complexities of truck accident cases. Below are the key qualities to look for when selecting a truck accident lawyer:
First, seek a lawyer with proven experience and specialization in truck accident cases, as these claims involve unique challenges like federal FMCSA regulations and Georgia’s Georgia Code § 51-1-2. Look for a track record of significant verdicts or settlements, such as Matt Wetherington’s $12 million judgment for a motorcycle crash with orthopedic injuries, and affiliations with groups like the Georgia Trial Lawyers Association.
A “Superb” Avvo rating and trial experience in courts like Fulton County Superior Court are essential, as trucking companies often push cases to litigation. Ensure the lawyer has access to experts, like accident reconstructionists, to analyze evidence such as black box data or driver logs, building a strong case for damages like medical bills and lost wages.
Next, prioritize compassionate communication and a client-focused approach, as truck accidents leave families grappling with trauma or loss. The best truck accident lawyers, like those at Wetherington Law Firm, offer personalized guidance and free consultations to explain Georgia’s two-year statute of limitations (Georgia Code § 9-3-33) and outline a tailored strategy, whether facing a negligent driver in Buckhead or a corporate giant in Downtown Atlanta.
A transparent contingency fee structure (typically 25–40%), with no upfront costs, ensures accessibility, while strong client reviews highlight empathy and responsiveness. A lawyer who listens and prioritizes your healing fosters trust during this challenging time.
Finally, choose a lawyer with local knowledge and a proactive approach to preserve time-sensitive evidence, such as crash reports or surveillance footage. The ideal truck accident attorney acts swiftly to meet deadlines and leverages resources to negotiate aggressively with insurers or take your case to trial for maximum compensation, including emotional distress.
Serving clients from Decatur to Sandy Springs, a top lawyer demonstrates a commitment to justice, as shown by over $100 million in recoveries at firms like Wetherington Law Firm. Contact our truck accident lawyer at (404) 888-4444 for a free case evaluation to ensure your rights are protected in Atlanta’s fast-paced legal landscape.
How to Choose the Best Truck Accident Lawyer in Atlanta, GA
If you’ve been in a truck accident, you’re probably dealing with a lot—medical bills, lost income, and the stress of recovering from your injuries. On top of that, truck accident cases can be incredibly complicated, often involving trucking companies, insurance adjusters, and federal regulations. That’s why finding the right Atlanta truck accident attorney is so important. Here’s how to make sure you choose the best attorney for your case.
1. Look for Experience in Truck Accident Cases
Truck accidents aren’t the same as car accidents. They involve specific laws and regulations, like those set by the Federal Motor Carrier Safety Administration (FMCSA). You need a lawyer who understands these rules and has a proven track record of handling truck accident claims. Ask about their experience with cases involving trucking companies and large commercial vehicles.
2. Prioritize Local Knowledge
Choosing an attorney who knows the Atlanta legal system and Georgia’s state laws gives you an edge. They’ll be familiar with local courts, judges, and even opposing attorneys, which can make a big difference in how smoothly your case proceeds.
3. Check Their Resources
Truck accident cases often require extensive investigation. A good lawyer will have access to resources like:
- Accident reconstruction experts.
- Trucking industry professionals who can analyze logbooks and maintenance records.
- Investigators who can gather evidence, such as black box data or surveillance footage.
Make sure the lawyer you choose has the tools and team to build a strong case.
4. Read Reviews and Testimonials
Take the time to read online reviews and client testimonials. Look for feedback on how the lawyer handled previous cases, their communication style, and whether clients were satisfied with the results. A strong reputation in the Atlanta area is a good sign.
5. Evaluate Their Communication Skills
A good lawyer doesn’t just know the law—they know how to explain it in a way that makes sense to you. During your initial consultation, pay attention to how they answer your questions. Are they patient and clear? Do they take the time to understand your concerns? Communication is key throughout the legal process.
6. Look for Trial Experience
While many truck accident cases settle out of court, some may go to trial. You’ll want an attorney who isn’t afraid to take your case before a judge or jury if necessary. Trial experience shows they’re prepared to fight for you, no matter what.
7. Understand Their Fee Structure
Most truck accident lawyers work on a contingency fee basis, which means you don’t pay unless they win your case. This arrangement makes legal representation accessible and shows the lawyer is confident in their ability to secure compensation for you. Be sure to clarify their fee structure during your consultation.
8. Trust Your Instincts
At the end of the day, you need a lawyer you feel comfortable with. Trust your gut during the initial consultation. If they seem genuinely interested in helping you and confident in their ability to handle your case, that’s a good sign.
What Do Truck Accident Lawyers Do?
A truck accident lawyer is a specialized attorney who represents victims or families seeking justice and compensation after a commercial truck accident causes injuries or wrongful death. In Georgia, these lawyers navigate complex state laws, like Georgia Code § 51-1-2, and federal regulations, such as those from the Federal Motor Carrier Safety Administration (FMCSA), to hold negligent parties accountable.
Whether the crash occurs on Atlanta’s I-285 or I-75, truck accident lawyers investigate liability, secure evidence, and pursue damages for medical bills, lost wages, and emotional distress. Truck accident lawyers undertake critical tasks to build and resolve your case effectively, ensuring justice in Georgia’s legal system. Their primary responsibilities include:
1. Investigating the Accident
Lawyers conduct thorough investigations to identify liable parties, such as drivers, trucking companies, or manufacturers. They collect evidence like:
- Black Box Data: Records speed, braking, and driver behavior.
- Driver Logs: Reveal violations of FMCSA hours-of-service rules.
- Crash Reports: Detail police findings from I-75 or I-285 incidents.
- Surveillance Footage: Captures events, especially near Hartsfield-Jackson Airport’s truck routes.
2. Proving Liability
To establish negligence, lawyers prove duty, breach, causation, and damages under Georgia Code § 51-1-2. They use:
- Expert Testimony: Accident reconstructionists analyze crash dynamics; engineers assess equipment failures.
- Witness Statements: Bystanders or coworkers clarify fault, like a driver’s distraction in Midtown Atlanta.
- Corporate Records: Show company negligence, such as ignored maintenance schedules.
This counters defenses like comparative negligence (Georgia Code § 51-11-7), which reduces damages if the victim was partly at fault.
3. Calculating and Pursuing Damages
Lawyers assess the full scope of losses, including:
- Medical Costs: Hospital bills, rehabilitation, ongoing care.
- Lost Wages: Income the victim can no longer earn, critical for families in Buckhead or Decatur.
- Emotional Distress: Trauma from injuries or loss, often valued through psychological evaluations.
They pursue the maximum compensation, as Wetherington Law Firm did with a $12 million judgment for a motorcycle crash with orthopedic injuries.
4. Navigating Legal Deadlines
Georgia’s two-year statute of limitations (Georgia Code § 9-3-33) requires prompt filing, with exceptions for minors or fraud (Georgia Code § 9-3-90, § 9-3-96). Lawyers ensure timely action in courts like Fulton County Superior Court, preserving evidence before it’s lost in Atlanta’s fast-paced environment.
5. Negotiating Settlements and Litigating
Most cases settle, but lawyers negotiate aggressively with insurers to avoid lowball offers, leveraging evidence to secure fair payouts. If needed, they litigate, presenting compelling cases to judges or juries, as Matt Wetherington’s team has, achieving over $100 million in recoveries. Their trial readiness ensures maximum compensation, whether for injuries or wrongful death.
Meet Matt Wetherington – Atlanta Truck Accident Lawyer

Matt Wetherington is a nationally recognized Atlanta truck accident and wrongful death lawyer and the founding partner of Wetherington Law Firm, renowned for securing over $100 million in verdicts and settlements for clients across Georgia. With nearly two decades of experience, Matt specializes in high-stakes trucking accident and wrongful death cases, tackling complex claims involving driver negligence, defective equipment, or corporate misconduct.
His relentless advocacy, backed by a $12 million judgment for a motorcycle crash with multiple orthopedic injuries, earned him induction into the ALM Verdicts Hall of Fame and recognition as a Daily Report “On the Rise” honoree in 2014, one of the youngest attorneys selected.
A first-generation college graduate from Climax, Georgia, Matt combines legal expertise with a deep commitment to community safety. He founded the Tire Safety Group to prevent wrecks from defective tires and chairs the Auto Accident Survivors of Georgia, empowering victims with resources.
His innovative approach extends to legal education, co-founding the Georgia Legal Accelerator to support small-firm lawyers and sharing insights on PBS’s Roadtrip Nation alongside leaders like Dr. Francis Collins. Known for his compassionate client care, Matt has saved lives beyond the courtroom, as seen when his advice led a client to an early lung cancer diagnosis, earning heartfelt client praise.
At Wetherington Law Firm, Matt and his team offer personalized, trial-ready representation, handling every case on a contingency basis, with no fees unless we win. With a “Superb” Avvo rating and Champion Member status with the Georgia Trial Lawyers Association, Matt’s strategic use of evidence like black box data and accident reconstruction ensures maximum compensation for medical bills, lost wages, and emotional distress.
Whether fighting for families in Buckhead or Decatur, Matt’s mission is clear: deliver justice and peace of mind. Contact Matt today at (404) 888-4444 for a free consultation to protect your rights after a truck accident.
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.
Here’s why hiring a truck accident attorney is essential after an accident:
- 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.
Why Choose Wetherington Law Firm?
Truck accident claims are complex. You’re not just dealing with a driver—you’re up against trucking companies, freight carriers, and their insurers, all with teams of lawyers protecting their bottom line. Without experienced legal help, you’re at a disadvantage.
Here’s why Wetherington Law Firm is the right choice:
1. Local Knowledge of Atlanta’s Roads
Truck accidents often happen on high-traffic routes like Peachtree Street, I-285, and the Downtown Connector. Our attorneys know these roads, common truck routes, and accident hotspots like Midtown and Buckhead. This insight helps us pinpoint crash factors like unsafe lane changes or improper braking.
2. Fast Response and 24/7 Availability
Time is critical after a truck accident. Evidence like dashcam footage and driver logs can disappear quickly. That’s why we’re available 24/7 to start your case immediately. With a local office, you’ll have direct access to your attorney for updates and in-person meetings.
3. Taking on Big Trucking Companies
Trucking insurers use aggressive tactics to deny claims. We fight back with evidence they want to hide—like black box data and inspection records. If they won’t settle fairly, we’re ready to take them to court.
4. Personalized Support
At Wetherington Law Firm, you’ll work directly with your attorney—not just paralegals or assistants. We provide one-on-one guidance through every step of your case, ensuring you get the attention and support you deserve.
5. No Fee, Unless We Win
We believe everyone deserves access to top-tier legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis—you pay nothing upfront, and we only get paid if we win your case. Your justice is our priority, and we’re committed to fighting for the compensation you deserve without adding financial stress.
What to Do After a Truck Accident in Georgia
Being involved in a truck accident is a terrifying experience. These collisions are often more severe than regular car accidents due to the sheer size and weight of commercial trucks. Knowing what to do afterward can protect your health, legal rights, and ability to seek compensation. Here’s a step-by-step guide to help you navigate this challenging situation.
1. Prioritize Safety and Call for Help
The first thing to do is check yourself and others for injuries. Call 911 immediately to report the accident and request medical assistance if needed. Even if the injuries seem minor, it’s better to be safe than sorry. Emergency responders will also document the scene, which can be crucial for your case.
2. Move to a Safe Location (If Possible)
If your vehicle is drivable and it’s safe to do so, move it to the side of the road to prevent further accidents. Turn on your hazard lights and stay out of traffic.
3. Document the Scene
Evidence from the accident scene is invaluable in truck accident claims. Use your phone to:
- Take pictures of the vehicles, damage, road conditions, and any skid marks.
- Capture images of injuries, traffic signs, and weather conditions.
- Record the truck’s license plate, company name, and USDOT number (usually on the truck’s door or trailer).
4. Exchange Information
Get the contact and insurance information of the truck driver, as well as their employer or trucking company. Be polite but avoid admitting fault or making speculative statements like, “I didn’t see you.”
5. Speak to Witnesses
If there are witnesses, ask for their contact information and, if they’re willing, a brief statement about what they saw. Witness accounts can strengthen your case and provide unbiased perspectives on the accident.
6. Seek Medical Attention
Even if you feel fine, it’s crucial to see a doctor as soon as possible. Some injuries, like whiplash or internal damage, may not show symptoms immediately. Plus, medical records will serve as evidence linking your injuries to the accident.
7. Notify Your Insurance Company
Report the accident to your insurance company promptly, but stick to the facts. Avoid giving recorded statements or speculating about fault until you’ve consulted an attorney.
8. Contact an Experienced Truck Accident Lawyer
Truck accidents often involve multiple parties, including the truck driver, trucking company, and even manufacturers. An experienced Atlanta truck accident lawyer can:
- Investigate the accident and gather evidence.
- Identify all liable parties, including those behind the scenes like cargo loaders or maintenance providers.
- Handle negotiations with insurance companies to secure fair compensation.
9. Keep Records of Everything
Document all expenses related to the accident, including medical bills, vehicle repairs, lost wages, and any other costs. Keep a journal detailing your recovery process and how the accident has affected your daily life.
Who Can You Sue After a Trucking Accident in Atlanta?
Trucking accidents often involve multiple parties, making it crucial to know who can be held responsible. Here’s a breakdown of potential defendants:
1. The Truck Driver
If the driver’s negligence caused the accident, they can be held liable. Truck drivers must carry insurance ranging from $300K to $5M, depending on the cargo. In some cases, the driver can be personally liable if damages exceed insurance limits.
2. The Truck Owner
Even if the owner wasn’t driving, they could be sued under “negligent entrustment” if they knowingly allowed an unfit driver to operate the truck. Large corporations that own trucks often have no cap on what can be recovered.
3. The Trucking Company
If the driver was working during the crash, the trucking company is also liable. Trucking firms typically have Safety Directors responsible for overseeing driver conduct, but some prioritize protecting the company over public safety.
4. The Loading Company
If improperly secured cargo causes an accident (like a load shift or spillage), the company responsible for loading the truck can be held accountable.
5. The Truck Manufacturer
If defective parts (like faulty brakes) contribute to the crash, you may have a claim against the truck manufacturer. This can also apply if a defect worsened your injuries, like a seatbelt failure. There’s usually no cap on recoveries against manufacturers in Georgia.
6. The Tire Manufacturer
Defective tires are a major risk. If a tire blowout causes a crash, the manufacturer can be held responsible. Design flaws like poor belt wedges often cause these failures, posing a danger to everyone on the road.
7. Repair Shops
If a repair shop fails to properly service the truck, they can be held liable. Service centers must identify and fix dangerous issues during routine maintenance. Skipping these steps can lead to serious accidents.
8. Road Designers & Contractors
If hazardous road conditions (like potholes) caused the crash, you might have a claim against the government or contractor responsible for road maintenance or design. Poor road design (like missing warning signs) could also lead to liability.
9. Your Insurance (Uninsured/Underinsured Coverage)
If the truck driver or company doesn’t have enough coverage, you can turn to your uninsured/underinsured motorist policy. Rules for this coverage vary by state, so consulting an attorney is key.
10. Family’s Insurance (Underinsured Coverage)
If you live with family members who have separate insurance policies, you may be able to use their underinsured motorist coverage after exhausting your own.
11. Worker’s Compensation
If you were injured while on the job, you might be able to claim Worker’s Compensation and pursue a separate claim against the at-fault party.
If you’ve been in a trucking accident, consulting an experienced Atlanta truck accident lawyer can help you identify all potential claims and maximize your compensation.
What are the Common Types of Truck Accident Injuries in Georgia?
Truck accidents often result in severe injuries due to the size and weight of commercial vehicles. Here are the most common types:
- Head & Brain Injuries: Traumatic brain injuries (TBI) can cause memory loss, cognitive issues, and long-term disabilities. Concussions are also common.
- Spinal Cord Injuries: Damage to the spine can result in partial or complete paralysis, affecting mobility and quality of life.
- Broken Bones: Fractures in the arms, legs, ribs, and pelvis often require surgery, physical therapy, and extended recovery time.
- Internal Injuries: The impact of a truck crash can damage internal organs like the liver, spleen, or lungs, which may require emergency surgery.
- Whiplash & Neck Injuries: Sudden head movement can strain the neck muscles and ligaments, causing pain and limited mobility.
- Burns: Fires from fuel spills or explosions can cause burns, requiring skin grafts, surgeries, and long-term medical care.
- Cuts & Lacerations: Broken glass, metal debris, or cargo spills can cause deep cuts, leading to scarring or infection.
- Emotional Trauma: Accidents can leave lasting emotional scars, leading to anxiety, PTSD, or depression.
How to Win a Truck Accident Case in Atlanta, Georgia
Truck accidents can lead to devastating consequences, leaving victims with severe injuries, financial losses, and emotional trauma. Winning a truck accident case in Atlanta requires understanding the legal framework and effectively proving the key elements of negligence. Here’s what you need to know:
1. Duty of Care
Truck drivers and trucking companies are legally required to ensure the safety of others on the road. This means operating vehicles responsibly, adhering to traffic laws, and maintaining their trucks to prevent mechanical failures.
2. Breach of Duty
A breach occurs when the driver or trucking company fails to uphold their duty of care. This could include reckless driving, distracted driving, speeding, driving under the influence, or failing to comply with federal trucking regulations, such as hours-of-service limits.
3. Injury or Damages
To succeed in your case, you must show tangible harm caused by the accident. This could include physical injuries, emotional distress, property damage, or financial losses like medical bills, lost wages, and reduced earning capacity.
4. Causation
It’s not enough to show that the truck driver was negligent; you must prove that their negligence directly caused your injuries. Evidence such as police reports, eyewitness statements, dashcam footage, or expert testimony can help establish this link.
Additional Key Details to Strengthen Your Case
Act Quickly
Georgia has a statute of limitations for personal injury cases, meaning you have two years from the date of the accident to file your claim. Waiting too long can jeopardize your ability to recover compensation.
Gather Strong Evidence
Winning a truck accident case often hinges on the quality of your evidence. This includes:
- Photos and videos from the accident scene.
- Black box data from the truck (e.g., speed, braking, and driver behavior).
- Maintenance and inspection records for the truck.
- Medical records and expert testimony linking your injuries to the accident.
Identify All Liable Parties
In truck accident cases, liability may extend beyond the truck driver. Other potentially responsible parties include:
- The trucking company (for hiring unqualified drivers or failing to maintain the vehicle).
- The manufacturer (if faulty parts contributed to the crash).
- Cargo loaders (if improperly loaded goods caused the accident).
Work with an Experienced Attorney
Truck accident cases are complex, involving multiple parties, federal and state regulations, and high stakes. A skilled Atlanta truck accident lawyer can investigate the case thoroughly, negotiate with insurance companies, and, if necessary, take your case to trial.
How Can You Lose a Truck Accident Case in Atlanta?
Not every truck accident leads to compensation. Here’s how claimants often lose their cases:
- Missing Deadlines: Georgia’s statute of limitations for truck accident claims is two years. Miss this deadline, and your right to sue is gone. Starting your claim early helps avoid this costly mistake.
- Insufficient Proof: Even if the truck driver was reckless, you must prove their negligence caused your injury. Without strong evidence like accident reports, witness statements, or expert testimony, your case may fall apart.
- No Clear Injury: If you weren’t physically injured, you may not have a valid claim. Courts typically require clear evidence of injury, such as medical records or doctor evaluations.
Winning a truck accident case in Atlanta requires more than proof of negligence. Consulting with an experienced truck accident attorney can help you gather evidence, meet deadlines, and maximize your chances of fair compensation.o meet a deadline.
What Damages Can You Recover After a Trucking Accident in Georgia?
If you’re injured in a truck accident, you may be entitled to several types of compensation. Here’s a breakdown of key damages you can pursue:
1. Medical Expenses
Covers past, present, and future medical costs, including hospital bills, surgeries, rehabilitation, and prescription medications.
2. Lost Wages & Future Earnings
If you miss work due to injuries, you can recover lost income. If the injury affects your ability to work in the future, you may be entitled to compensation for reduced earning capacity.
3. Pain & Suffering
This covers physical pain, emotional distress, and the psychological impact of the accident. Severe injuries or long-term trauma can increase the value of this claim.
4. Property Damage
You can recover the cost to repair or replace your vehicle and any personal items damaged in the accident.
5. Loss of Consortium
If the injury impacts your relationship with your spouse (like loss of companionship), your spouse may be entitled to compensation.
6. Punitive Damages
These are awarded in extreme cases where the truck driver or company acted recklessly, like driving under the influence. Punitive damages are meant to punish the wrongdoer and deter future misconduct.
Each case is unique, and the amount of compensation depends on the severity of the injuries, fault, and available insurance coverage. An experienced Atlanta truck accident lawyer can ensure you get the maximum recovery possible.
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.
How to File a Truck Accident Claim in Georgia
Filing a truck accident claim can feel overwhelming, especially when you’re dealing with injuries, medical bills, and the emotional toll of the accident. The process may seem complicated, but understanding the steps involved can help you feel more prepared and confident. Here’s a breakdown of what typically happens when you file a truck accident claim.
1. Seek Medical Attention and Document Your Injuries
Your health should always come first. After a truck accident, see a doctor immediately, even if you think your injuries are minor. Some injuries, like whiplash or internal trauma, might not show symptoms right away. Plus, medical records are crucial evidence for your claim.
2. Hire an Experienced Truck Accident Lawyer
Truck accident cases are more complex than typical car accident claims. They often involve multiple parties, like the truck driver, trucking company, and even the manufacturer of truck parts. An experienced Atlanta truck accident lawyer will know how to navigate these complexities, gather evidence, and protect your rights.
3. Investigation and Evidence Gathering
Once you hire a lawyer, they’ll start investigating the accident. This step is critical because trucking companies and their insurers will begin building their defense immediately. Your lawyer will:
- Obtain the truck’s black box data (which records speed, braking, and other key details).
- Review the driver’s logbooks to check for hours-of-service violations.
- Gather police reports, witness statements, and surveillance footage.
- Inspect maintenance records and the truck’s condition.
4. Identify Liable Parties
Unlike a simple car accident, truck accident claims often involve multiple liable parties. These might include:
- The truck driver, if they were negligent (e.g., distracted driving or speeding).
- The trucking company, if they failed to enforce safety regulations or hired unqualified drivers.
- A manufacturer, if a defective truck part contributed to the accident.
Your lawyer will work to identify all parties responsible for the crash to maximize your compensation.
5. File an Insurance Claim
After determining liability, your lawyer will file a claim with the at-fault party’s insurance company. This might involve:
- The trucking company’s commercial liability insurance.
- The driver’s personal insurance, if applicable.
- Any additional policies, such as cargo insurance.
Your lawyer will handle communication with the insurance adjusters to ensure they don’t undervalue your claim.
6. Negotiate a Settlement
Most truck accident claims are resolved through settlement negotiations. Your lawyer will present evidence of your damages, including medical bills, lost wages, property damage, and pain and suffering. The goal is to reach a fair settlement that covers your losses.
7. File a Lawsuit (If Necessary)
If the insurance company refuses to offer a fair settlement, your lawyer may recommend filing a lawsuit. This doesn’t mean the case will automatically go to trial—many lawsuits are settled before reaching the courtroom. However, filing a lawsuit shows you’re serious about pursuing full compensation.
8. Discovery Phase
If your case proceeds to litigation, both sides will enter the discovery phase. This is where lawyers exchange evidence, take depositions, and build their arguments. Your lawyer will continue to strengthen your case by working with experts like accident reconstructionists and medical professionals.
9. Mediation or Trial
Before going to trial, many cases go through mediation, where both sides try to reach an agreement with the help of a neutral mediator. If mediation fails, your case will go to trial. At trial, your lawyer will present evidence and argue your case before a judge or jury.
10. Receive Compensation
If your case is successful, you’ll receive compensation for your damages. This can include:
- Economic damages: Medical expenses, lost wages, and property damage.
- Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive damages: In some cases, if the trucking company or driver acted with extreme negligence, you may be awarded additional damages to punish their behavior.
How Much Does a Truck Accident Lawyer Cost?
One of the first questions people have after a truck accident is, “How much will it cost to hire a lawyer?” The good news is that most truck accident lawyers work on a contingency fee basis, which means you don’t have to pay anything upfront. Let’s break down what that means and what costs you might encounter.
1. Contingency Fee Structure
When a lawyer works on a contingency fee basis, their payment depends on the outcome of your case. Simply put:
- No win, no fee: If the lawyer doesn’t win your case, you don’t owe them anything.
- If they win, their fee is a percentage of your settlement or court award, typically ranging from 33% to 40%.
For example, if your lawyer secures a $100,000 settlement and their fee is 33%, they would receive $33,000.
2. Case Expenses
In addition to the lawyer’s fee, there are other costs involved in building and pursuing a truck accident claim. These may include:
- Filing fees for court documents.
- Costs for hiring experts, like accident reconstructionists or medical professionals.
- Fees for obtaining police reports, medical records, and other evidence.
- Deposition and transcription fees.
Most lawyers will front these costs during the case, and they’ll be reimbursed from your settlement or award if you win. Be sure to ask your lawyer how they handle these expenses.
3. No Upfront Costs
One of the biggest advantages of hiring a truck accident lawyer is that you don’t need to pay anything upfront. This makes legal representation accessible, even if you’re facing financial challenges after the accident.
4. Why Contingency Fees Are Beneficial
The contingency fee model benefits clients in several ways:
- Low financial risk: You don’t have to worry about paying legal fees out of pocket.
- Motivated representation: Your lawyer has a direct incentive to fight for the maximum compensation possible.
- Access to resources: Experienced truck accident lawyers have the resources to build strong cases, even against large trucking companies and insurers.
5. Transparency is Key
Before hiring a lawyer, make sure you fully understand their fee structure. During your initial consultation, ask questions like:
- What percentage do you charge if we settle?
- Does the percentage change if the case goes to trial?
- How are case expenses handled?
A good lawyer will explain everything clearly so you know what to expect.
FAQs About Atlanta Truck Accident Lawyers
Why should I trust you to help me win my truck accident case?
Our Atlanta truck accident attorneys have extensive experience navigating complex vehicle accident cases. Reaching a settlement often requires a judge’s ruling that the right defendants are named, valid claims are made, and sufficient evidence exists to proceed to trial — a stage where case flaws can’t be fixed.
Our team includes former defense firm attorneys who know the tactics used by businesses and insurers. With a track record of historic verdicts, we have the skills and resources to strengthen your case and maximize your chances of success.
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.
Contact our trusted truck accident law firm in Atlanta today. You can also call us at (404)-888-4444 for free case evaluation.
What are the Common Causes of Truck Accident in Georgia?
Georgia’s highways and city roads see numerous truck accidents each year. Knowing the main causes can help prevent them and protect lives.
- Driving Under the Influence (DUI): Although rare, some truckers drive under the influence of drugs, alcohol, or medication, which slows reaction times and impairs judgment.
- Driver Fatigue: Long hours and tight deadlines push truckers beyond safe driving limits. Fatigue slows reaction time and impairs decision-making, increasing crash risk.
- Distracted Driving: Phone use, eating, or adjusting GPS distracts drivers from the road. For large trucks, even a brief distraction can lead to serious accidents.
- Speeding & Reckless Driving: Speeding and unsafe maneuvers like improper lane changes make it harder to control heavy trucks, especially on highways like I-75 and I-85.
- Poor Maintenance: Worn brakes, tire blowouts, and engine failures are common when routine maintenance is ignored. These issues often lead to preventable crashes.
- Bad Weather: Rain, fog, and slick roads reduce visibility and traction, making large trucks harder to control. This often results in jackknifing or rollovers.
- Overloaded or Shifting Cargo: Overloaded trucks or improperly secured cargo can shift mid-trip, leading to rollovers or loss of control, especially on curves.
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!
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