In the state of Georgia, truck accidents are a major issue, with under-ride and over-ride truck accidents being among the most dangerous. These accidents occur when a large truck rides over a smaller vehicle (override) or when a smaller vehicle rides under a large truck (underride). The disparity in size between tractor-trailers and passenger cars often results in severe injuries or even fatalities.
Our Kennesaw truck accident lawyers are here to help you recover the maximum compensation. Contact us today for a free consultation.
Over-Ride Truck Accidents
Over-ride truck accidents usually happen when the truck driver fails to stop in time and ends up running over a smaller vehicle ahead. This is often due to a mechanical failure or negligence on the part of the truck driver.
Common causes of override accidents include:
- Following another vehicle too closely
- Poor visibility due to weather conditions
- Failing to yield to traffic with the right of way
- Speeding and being unable to stop in time
- Changing lanes without checking for other vehicles or signaling
- Sudden stopping by the driver of the passenger vehicle
- Brake failure
- Tire blowouts
- Other mechanical issues
Under-Ride Truck Accidents
Under-ride accidents happen when a passenger car goes under a truck trailer. This can occur if a motorist is tailgating the truck, or if the trailer is hard to see due to poor visibility.
Negligent behavior by the truck driver can lead to underride accidents. This often happens when:
- The truck lacks brake lights or tail lights.
- The required reflective tape on the trailer is missing or dirty.
- The required underride guards are not present.
- The driver changes lanes without signaling.
- The driver parks on the shoulder without the proper lights.
- The driver backs up without checking for other vehicles.
Legal Considerations in Georgia
In Georgia, commercial vehicles are governed by both federal and state regulations. A vehicle is classified as a commercial vehicle if any of the following apply.
- The vehicle has a manufacturer’s gross weight or gross combination weight rating of 10,001 pounds.
- It is used to carry more than 8 passengers, including the driver, for compensation.
- The vehicle is designed or used to carry more than 15 passengers, including the driver, but not for compensation.
- The vehicle transports hazardous material in a quantity that requires placards.
These regulations apply to these trucks, even if the driver does not have a commercial driver’s license. The Georgia Department of Public Safety (DPS) and the Federal Motor Carrier Safety Administration (FMCSA) oversee commercial vehicles in Georgia.
The Georgia DPS has adopted many of the FMCSA rules and regulations.
Determining Liability in Truck Accidents
To win your case, your Kennesaw truck accident lawyer will need to prove that the truck driver was negligent, that this negligence caused the accident, and that you experienced damages due to the accident.
Negligence in a trucking accident can take several forms, such as driver errors, mechanical issues with the truck due to poor maintenance, and negligent hiring practices or policies by the trucking company.
In many cases, victims can sue the trucking company’s insurance directly. This means that the lawsuit can name the insurance carrier of the truck company.
Compensation in Truck Accidents
In Georgia, if you are not at fault, you are entitled to full compensation. If you are partially at fault, your compensation will be reduced accordingly. If you are more than 50% at fault, you will not be eligible for compensation.
For instance, suppose you are found 10% at fault. If you were to receive a compensation award of $100,000, you would be able to collect $90,000 of the award to account for your fault.
Victims may be entitled to compensation for the following damages:
- Past and future medical bills
- Past and future lost wages
- Property damage
- Pain and suffering
Most cases are resolved outside of court with a settlement. Your Kennesaw truck accident lawyer will negotiate with the trucking company’s insurance carrier for the best possible settlement.
Call Our Kennesaw Truck Accident Lawyers Today
Under-ride and over-ride truck accidents can lead to severe injuries and even fatalities, making it essential to understand your rights and the legal recourse available to you. If you or a loved one has been involved in a truck accident in Georgia, the Weinstein Firm is here to help you obtain the compensation you deserve.
Our team has recovered millions of dollars for clients. Contact our law firm today at 770-HELP-NOW for a free case review.
