Understanding Georgia’s Growing Problem of Truck Accidents Leading to Serious Injury
Atlanta is Georgia’s largest population center and is a major shipping hub. Shippers from every industry depend on The Peach State’s highways and interstates to transport over $620 billion in cargo efficiently and safely every year. Trucking contributes a significant amount to the economy, both in Atlanta and statewide.
The impact of commercial trucking is only set to grow in Georgia. Between imports and exports, Georgia’s freight traffic is expected to double by 2050. That means even more big trucks on Atlanta’s already busy roads and freeways.
Accidents in the Atlanta metropolitan area aren’t so much an “if” as they are “when,” even for the safest drivers. Your chances of an accident in and around Atlanta are higher than they’ve ever been. More truck shipments further increase your chances of an accident.
What are the Causes of Commercial Truck Accidents?
Truck drivers and the companies they drive for are frequently responsible for an accident. Some of the more common causes include:
- Speeding, particularly on highways or going around curves where a truck’s high center of gravity makes it more prone to rolling or toppling over
- Distracted driving, not paying attention to the road, or engaging in another activity while driving
- Driving while fatigued or drowsy after long hours behind the wheel or violating rest periods (often in violation of hours of service regulations)
- Driving while intoxicated or inebriated on drugs or alcohol
- Mechanical defects or improper maintenance by the company, including improperly working brakes that fail to stop the truck and result in rear-end collisions
- Improperly loaded cargo that shifts during transit, causing problems with control and balance
- A driver engaging in aggressive driving or tailgating
- Inexperienced or poorly trained drivers who lack the correct skills to operate a large, heavy vehicle safely
The massive size and weight disparity between large trucks and passenger cars makes these accidents particularly devastating for occupants of the cars.
Further Reading: Legal Help for Distracted Driving Accidents
Types of Commercial Truck Accidents
There are several different types of truck accidents, each of which can lead to serious damage and catastrophic injuries. Drivers and pedestrians need to understand each type of accident so that they can exercise necessary precautions.
Blind Spots
Truck drivers use their mirrors to see around and behind them. These mirrors, however, are limited in how much they can convey, with a few places on the road left unseen by mirrors. The places in between are called “blind spots” and are:
- Twenty feet in front over the hood
- Thirty feet directly behind the truck, out of reach of the mirrors
- One lane to the left of the truck
- Two lanes to the right of the truck
Accidents caused by blind spots happen when drivers fail to check their blind spots before turning, changing lanes, or merging. Fatigue, distractions, and intoxication can also contribute to a blind spot accident.
Rollover Accidents
When a truck’s cargo isn’t loaded or secured correctly, it can shift, causing the truck to tip or roll over onto the road or onto any cars that may be in its path. With the full weight of a truck rolling over at high speed, these accidents can cause devastating damage.
Rear-End Truck Collisions
Rear-end collisions present some of the most frequent truck accidents, occurring when the driver is distracted or does not keep a safe distance and must stop quickly. This results in the truck colliding with the vehicle in front, usually leaving the occupants of the vehicle in front with more severe injuries.
Jackknife Accidents
Beyond rear-end collisions, sudden stops can also send the tractor and trailer in two directions at a 90-degree angle, called a “jackknife.” In this position, the truck can block multiple lanes of traffic and rollover — leading to complex, multi-vehicle accidents.
Improper Maintenance
Improper maintenance can lead to diverse types of trucking accidents — with mechanical issues potentially leading to lost control of a vehicle and accidents including jackknifing, rollovers, and rear-end collisions.
Trucking companies are responsible for any vehicle that drives under their company name. In turn, companies are required to keep each vehicle reasonably safe and ensure that they are not out of service while being driven. Drivers must report any unsafe conditions to the trucking company and inspect any truck they drive before and following each trip.
Tire Blowouts
Tire blowouts are especially dangerous; a driver may lose complete control over their vehicle, leading to many types of accidents. Truck tires can weigh as much as 110 pounds and measure as much as 25 inches high. Still, a tire blowout can occur because of:
- Over- or under-inflation
- Excess wear and no inspection or maintenance
- Road hazards such as potholes
- Over-loading the trailer beyond the tire’s weight capacity
- Weather extremes, i.e., extreme hot or cold
- Recalled or defective tires still on the truck
Exploding truck tires can send pieces flying, injuring other drivers and even pedestrians. A truck with a tire blowout may also rollover, leading to spilled cargo, damaged cars, and catastrophic injuries.
Underride Accidents
Underride accidents occur when a smaller vehicle crashes into the back or side of a bigger truck and becomes trapped in the trailer’s undercarriage. For the smaller vehicle, the passenger area is usually crushed, leading to catastrophic injuries and fatalities for passengers. Additionally, underride accidents can lead to further issues with the truck itself, potentially creating a new accident altogether.
Unsecured Loads/Cargo
Unsecured loads & cargo can spur huge issues for truck drivers. Freight must be loaded carefully to avoid shifting and moving during transport. Without proper weight distribution, the cargo can shift and cause the driver to lose control. Trucks with unsecured cargo can jackknife or roll over, while cargo can break through the trailer’s side or rear doors and fall off the truck, striking other vehicles and pedestrians.
Wide Turns
Big trucks require a much wider turning radius than passenger or other smaller vehicles. If the driver incorrectly judges the area needed for turning, they can lose control of the trailer, which can swing around, hitting vehicles and pedestrians.
Truck Accident Liability in Georgia
Passenger vehicle accidents rarely involve more than two parties. Truck accidents, however, can involve multiple parties, including:
- The driver
- The truck’s owner (who may not be the driver)
- The trucking company
- The company shipping the cargo
- Cargo companies responsible for loading and shipping
- The truck’s manufacturer
- Truck parts manufacturer (tires, brakes, etc.)
- Governmental agencies responsible for road maintenance and repair
Determining liability will depend on the reason for the truck’s failure. Here are just a few of the most common ways liability is assessed within common causes of truck accidents.
Driver Fatigue Liability
Georgia has adopted interstate laws and federal interstate trucking regulations for hours-of-service limits, which includes:
- The 14-Hour Driving Window, a 14-consecutive-hour driving window in which drivers can drive up to 11 hours after being off duty for 10 or more consecutive hours.
- The 11-Hour Driving Limit, referring to the amount of time within the 14-hour driving window where drivers are actually allowed to drive.
- 10 consecutive rest off duty hours after reaching the 14-Hour Driving Window or 11-Hour Driving Limit — whichever comes first.
- The Thirty-Minute Rest Break, a mandatory break for drivers after 8 consecutive hours of driving.
- The 60/70 Hour Duty Limit, dictating a weekly 60/70-hour limit over a 7 or 8-day period.
If a driver fails to meet any of these standards, they will be at least partially at fault for your accident due to negligence. Due to the lack of a roadside sleep deprivation test, however, proving fatigue violations for liability can be a complicated exercise requiring an experienced attorney.
Further Reading: Georgia Truck Driver Log Book Service Hours Rules and Regulations
Substance & Stimulant Use Liability
As with any motor vehicle accident, an intoxicated driver is a clear sign of negligence within an accident, often leading to liability on the intoxicated driver. This extends to commercial drivers, who face career implications alongside the typical consequences of a DUI. Georgia law states that if a driver is convicted of a DUI, they will be disqualified from driving a commercial vehicle for one year (§ 40-5-151(a.1)), while a second conviction can result in a driver being “disqualified from driving a commercial motor vehicle for life.” (§ 40-5-151(c)). As with any DUI, a breathalyzer test at the scene of the accident is the best way to prove liability for drunk driving.
Stimulants are also a prevalent problem within truck driving communities. According to the American Addiction Center, 27.6% of truck-driving survey respondents consumed drugs, with 21.3% consuming amphetamines and 2.2% consuming cocaine. Stimulants are often used to circumvent driver fatigue — potentially leading to double the negligence. Proof of stimulant use may come from a positive drug test, drug paraphernalia within a vehicle, medical records, or video evidence of use.
Improper Loading Liability
Liability for accidents involving improper loading may be assessed to the trucker themselves, the trucking company, or other parties. To prove liability, attorneys may leverage:
- Cargo loading records
- Driving records of the trucker
- Company safety records
- Eyewitness statements
With so many potential photos, testimonies, and documents to work through, it’s essential to hire a thorough attorney to prove negligence in cases with improper loading.
Maintenance Liability
As with driver fatigue, Georgia follows federal regulations from the FMCSA for truck maintenance and license laws. In turn, “each motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain all commercial motor vehicles (CMVs) under its control,” while “every employee of a carrier that is directly involved with the inspection and upkeep of vehicles must comply with the rules and regulations of 49 CFR 396.”
Thus, for cases where parts malfunction — including but not limited to frames, suspension systems, axels, steering systems, wheels, and rims — both truck drivers and trucking companies may be at fault for an accident.
Further Reading: Filing a Truck Accident Lawsuit or Injury Claim In Georgia
Consult an Experienced Truck Accident Attorney
Regardless of the type of truck accident you or your loved one was involved in, hiring an experienced truck injury attorney is key to recovering full and fair compensation for your injuries.
If you or a loved one were seriously injured in a truck accident in Georgia, contact the trusted attorneys at Apolinsky & Associates for a no-obligation case evaluation.
The foregoing answers are not legal advice and are merely a general overview. You are advised to consult a lawyer to address your specific situation. For more information or to inquire about a free consultation, contact Stephen D. Apolinsky, an experienced Atlanta injury attorney, at Apolinsky & Associates at (404) 377-9191 or email him at steve@aa-legal.com.
