Will Any Laws Applying To Truck Drivers Play A Role In Your Accident Case?
If you have been in a truck accident in the state of Georgia, you may be wondering which laws apply to your accident in particular. This is a good question because when it comes to truck accidents, the issues are more complicated than those involved in normal car accidents.
Unsure Of How The Law Applies To Your Truck Accident? Call Us!
The laws involving truck accidents can be complicated and difficult to understand. In fact, both the insurance company and the trucking company are depending on your lack of understanding to manipulate you into settling for less on your claim.
Hiring a lawyer can be beneficial because of the years of education and experience that comes with the territory. Call Prieto, Marigliano, Holbert & Prieto, LLC today to speak with one of our experienced personal injury lawyers. We know the law because it is our job to know the law.
Georgia Regulations For Truck Drivers
Those who drive a truck in the state of Georgia are subject to much different laws than those who drive a car. There are both federal and state guidelines that dictate a driver’s behavior while on the road, and those regulations are very strict. If a trucker is found to have violated any of these regulations, they can be subjected to a fine and perhaps even lose their license.
Some of the regulations a trucker must follow under the law include:
- The number of hours they spend driving
- Weight restrictions with regard to the freight they are carrying, and restrictions with regard to how those loads are secured
- Taking the truck in for regularly scheduled maintenance
- Complying with regular drug testing and physical exams
If a trucker has worked too many hours, is carrying too much freight or has not secured his load properly, or has not complied with requests for a recent drug test, these things can all significantly impact the amount of damages you are awarded on your claim.
In order to prove truckers are complying with state and federal regulations, they are required to keep logbooks and records that document their compliance. This documentation can serve as important evidence to use against the driver in your claim. Such documentation that may be admissible can include:
- The results of the driver’s drug and alcohol tests
- Required daily inspections performed on the truck, including its brakes, tires, and signals
- Safety reports
- The logbook documenting the hours during which the trucker was driving
- Documentation with regard to details about the load the driver was carrying, such as type and weight
If the driver missed an inspection, or skipped a drug test, these items of information can be crucial to a court’s ability to determine liability.
Statute Of Limitations
Another law that can apply to your truck accident case is the statute of limitations. The statute of limitations is the window of time during which you are permitted to file a lawsuit after the accident takes place. In the state of Georgia, that window is two years for an injury or wrongful death, and four years for damage to your vehicle.
So if you suffer an injury in a truck accident, and you bring your lawsuit two years and one day after the date of the accident, the trucker can file a motion to dismiss your lawsuit based on the statute of limitations running out. And, in all likelihood, the court will grant it.
While you may want to file your lawsuit right away, it is actually a good idea to wait. You may end up asking for less money than you actually need to cover your medical expenses because you do not yet have a clear picture of the costs you are going to incur on doctors and medications. You may also not be accounting for wages lost on time spent going to doctors and taking the time at home to recover.
However, if the expiration date is nearing on the statute of limitations, you may want to contact a lawyer for help. If you have been injured or have suffered vehicle damage as the result of an accident involving a truck, Prieto, Marigliano, Holbert & Prieto, LLC can help.
Do Not Pursue A Truck Accident Without Legal Help.
Truck accidents and the laws surrounding them are complex. We work with clients just like you every day, helping them understand the protections and awards they are entitled to under Georgia law so they can strengthen their cases and command the settlements they deserve.
Fill out the form to the right, or call us at (855) 329-7144 to speak with one of our licensed professionals. We promise you a free consultation, and you are under no obligation to retain.