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Victims’ Legal Challenges in Commercial Truck Accidents: A Full Guide

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4 min read

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Feb 2, 2025

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Commercial truck accidents can be devastating events, often resulting in severe injuries, significant property damage, and even fatalities. Due to the size and weight of commercial trucks, such as tractor-trailers and delivery vehicles, these accidents tend to be more complex than typical car accidents. Accident victims face various legal challenges when pursuing compensation for their injuries and losses, highlighting the importance of seeking assistance from an experienced Atlanta Truck Accidents Lawyer to navigate through these complexities.

Multiple Parties Involved

Commercial truck accidents can involve multiple parties, including the truck driver, trucking company, vehicle manufacturer, cargo loaders, and maintenance providers. Determining liability can be complex, as several parties may share responsibility for the accident.

Federal Regulations

Commercial trucks are subject to federal regulations imposed by the Federal Motor Carrier Safety Administration (FMCSA). Violations of these regulations, such as exceeding maximum driving hours or inadequate maintenance, can be crucial factors in determining liability. These regulations create a more extensive set of standards and requirements than those applied to regular passenger vehicles.

Negotiating with Insurance Companies

Commercial trucking companies typically have substantial insurance coverage due to the potential for significant damages in accidents. Dealing with insurance companies and their adjusters can be challenging, as they often aim to minimize payouts. Victims may require legal representation to ensure they receive fair compensation.

Severity of Injuries

Commercial truck accidents frequently result in severe injuries, including traumatic brain injuries, spinal cord injuries, multiple fractures, and internal injuries. The medical expenses and long-term care associated with such injuries can be substantial. Establishing the full extent of damages and accurately valuing a claim is crucial for accident victims.

Speeding trucks pose a significant risk on the roads, as their large size and weight amplify the potential consequences of high-speed collisions. When trucks exceed speed limits, they compromise their ability to maneuver safely and increase the likelihood of accidents. The force of impact from a speeding truck can cause catastrophic injuries (brain injury and spinal cord injury) and extensive damage to other vehicles involved.

Evidence Preservation

Commercial truck accidents require swift action to preserve critical evidence. Evidence may include driver logs, vehicle maintenance records, black box data, and witness statements. Failing to secure this evidence promptly can hinder the investigation and weaken the victim’s case.

Investigating Contributing Factors

If a commercial truck driver caused an injury or fatality accident, there are many factors that can contribute to proving liability. Some of these include:

  • Fatigue is a significant factor in many commercial truck accidents. The FMCSA regulates the maximum driving hours and mandatory rest breaks for truck drivers. Proving driver fatigue as a contributing factor may require analyzing logbooks, electronic data, and other records
  • Ensuring that truck drivers meet the required qualifications is essential. This includes proper training, licensing, medical certifications, and compliance with drug and alcohol testing regulations. If a truck driver was not qualified or violated regulations, it can be a significant factor in establishing liability.
  • Maintenance and inspection records are crucial pieces of evidence. Poor vehicle maintenance can lead to accidents, and failing to inspect or repair a commercial truck properly can make the trucking company liable for damages. These records can establish whether the truck was in compliance with safety regulations.
  • Many commercial trucks are equipped with event data recorders or “black boxes” that capture information about the vehicle’s speed, braking, and other critical data leading up to and during the accident. This data can provide valuable insight into the cause of the crash.

Given the complexity of commercial truck accident cases, legal expertise is essential. An experienced attorney can conduct a thorough investigation, gather evidence, assess liability, and negotiate with insurance companies on behalf of the victim.

Beware of Quick Settlements

Victims of commercial truck accidents may face pressure from insurance companies to accept quick settlements. However, these offers may not fully compensate them for their injuries and losses.

Deciding whether to settle or pursue litigation is a critical legal challenge that requires careful consideration of the facts and circumstances.

Hire a Truck Accident Personal Injury Lawyer

Legal representation can significantly improve the chances of obtaining fair compensation for victims of injury truck accidents. Dealing with multiple parties, federal regulations, insurance companies, and the severity of injuries requires a deep understanding of the legal complexities involved. If you or a loved one has been involved in a commercial truck accident in Georgia or Alabama, contact our legal team at the Law Office of Dwayne L. Brown. Our attorneys can help navigate the legal challenges involved with commercial truck accidents and help secure the compensation you deserve for your injuries and losses. Call our office in Atlanta, GA, or Montgomery, AL, for a free legal consultation regarding your injury claim.

Posted on behalf of Dwayne L. Brown

3390 Peachtree Rd NE, Suite 1100
Atlanta, GA 30326

Phone: (404) 738-6000

Testimonials

My family and I met Attorney Dwayne Brown after the unfortunate accident involving my niece. Attorney Brown did an exceptional job representing my family. He was the consummate professional, and treated my family with the utmost dignity and respect. As a result of his representation, my family was able to achieve a substantial settlement in our case. Although we obviously did not get our loved back, we are prayerful that we met Attorney Brown. My family would highly recommend Attorney Brown to anyone in a similar situation.

Rafiq A.

An excellent and professional lawyer. He took on a car accident case on my behalf, worked with me from across the country, and was just as vigorous in his pursuit of justice on day 912 as he was on day 1.

Michael L.

Attorney Brown represent me on a case involving a motor vehicle. Another attorney indicated they could not help and I was recommended to attorney Brown by a well-respected member of my community. Attorney Brown resolved my case to my absolute satisfaction and did an excellent job. I highly recommend his services.

Nikia S.

Attorney Brown is simply the best! Very communicative, hard working and he puts his clients first. I'm a stickler when it comes to customer service and I got nothing but first class service!

Keitron G.

Attorney Brown is simply the best! Very communicative, hard working and he puts his clients first. I'm a stickler when it comes to customer service and I got nothing but first class service!

They were very good with helping with my case, they made sure I was well updated on everything involving my case and they are very nice people.

Gabby H.

I know Dwayne personally and have worked with him many times professionally. You won't find a more ethical, hardworking lawyer. He truly cares about his clients' welfare and getting them back on their feet, moving forward empowered.

Ryan R.

Case Results

  • $11,500,000

    Our client’s vehicle stalled on the highway in the Atlanta metro area due to a mechanical issue. They activated their hazard signals and waited for help. A commercial 18-wheeler approached but failed to notice the stalled car and slammed into it from behind. The gas tanker overturned, spilling 9,000 gallons of fuel and igniting a fire that engulfed both vehicles. Both the truck driver and our client lost their lives. The trucking company argued that the crash was partly our client’s fault because their vehicle had stalled. We countered by showing that commercial drivers have a heightened duty of care, including knowing how to safely react when approaching a disabled vehicle, and that the truck driver failed to take those precautions. The case resolved confidentially with an $11,500,000 settlement for the victim’s family. The recovery provided critical financial support for the decedent’s two children, helping cover immediate expenses, education, and future needs through a structured settlement.

  • $2,650,000

    Our firm represented the family of a deceased armed services veteran who was tragically killed in a tractor-trailer collision. The crash occurred because the commercial driver failed to properly use the required warning triangles to alert oncoming traffic. Early on, there was uncertainty about whether the veteran could have avoided the crash. Liability was heavily contested; the defense argued the crash might have been avoidable and not solely the truck driver’s fault. We encouraged a full investigation, analyzing speed, driving conditions, and compliance with federal trucking safety regulations. That work revealed the commercial driver had violated those regulations. By uncovering clear regulatory failures, we built a strong claim to hold the trucking company accountable. The case resolved for $2,650,000, bringing critical financial security to the veteran’s family. The recovery gave them resources to cover immediate expenses and helped create stability for the decades to come.

  • $1,876,000

    In Chattanooga, our client, a professional truck driver, was killed in a crash caused by another truck driver who was driving far below the posted speed limit. The slow-moving truck gave no warning: no hazard lights or signals indicating it was traveling unusually slowly. Our client collided with the vehicle and, tragically, both drivers died in the crash. The defense argued that, despite the other driver’s unsafe speed, our client should have taken evasive action. Our team countered by demonstrating how the lack of hazard signals and failure to indicate the danger created an unreasonable and unexpected road hazard, directly leading to the collision. We secured a $1,876,000 settlement for our client’s family. A significant portion was structured to provide long-term stability for his surviving minor child, including funds set aside for education and a monthly allowance to help with ongoing financial needs.

  • $1,000,000

    In Alabama, a father on his way to work was killed when a commercial driver failed to yield the right of way. The truck veered left directly into our client’s path, forcing his vehicle under the trailer. The impact caused a fire that claimed the lives of everyone inside. We represented the estate on behalf of the man’s only child, a minor left without their father. Our team investigated the accident thoroughly to confirm liability and secure maximum compensation. The case concluded with a $1,000,000 settlement, representing the full insurance limits available. These funds created crucial financial stability for the child, offering support for immediate needs and future opportunities in the absence of their father’s income.

  • $5,500,000

    Law Office of Dwayne L. Brown in collaboration with another law firm represented the children of a pedestrian struck by a delivery vehicle while working.

  • $3,000,000

    The Law Office of Dwayne L. Brown successfully represented a minor whose father was killed by a third-party commercial driver while working.

  • $3,000,000

    Law Office of Dwayne L. Brown helped to facilitated the resolution of a catastrophic wreck in the State of Ohio after 2 years of litigation.

  • $2,100,000

    The Law Office of Dwayne L. Brown successfully represented the family of a deceased victim against a neurologist who failed to conduct a CT Head examination thereby resulting in a catastrophic injury.

  • $1,750,000

    The Law Office of Dwayne L. Brown successfully represented the family of an infant who was injured at birth by an OB/GYN who failed to conduct an emergency c-section.

  • $1,343,237

    The Law Office of Dwayne L. Brown successfully represented a client who sustained several broken bones due to a car accident that occurred in Fulton County, Georgia.

  • $1,000,000

    Law Office of Dwayne L. Brown successfully represented a driver who was injured when an emergency vehicle negligently impeded oncoming traffic resulting in a vehicle collision.

  • $550,000

    The Law Office of Dwayne L. Brown successfully represented a worker who sustained a herniated disc injury while working on a commercial vehicle

  • $535,000

    Law Office of Dwayne L. Brown successfully represented a driver who was reared ended by another vehicle and sustained a neck injury.

  • $500,000

    Law Office of Dwayne L. Brown successfully represented an uber driver who was struck by another vehicle and sustained a knee injury.

  • $450,000

    Law Office of Dwayne L. Brown successfully recovered on behalf of a client who sustained a concussion in an automobile collision.

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