Peachtree City Truck Accident Attorney

How Long Do I Have to File a Truck Accident Lawsuit?

In Georgia, you have limited time to file a truck accident lawsuit. This is known as the statute of limitations. In most cases, the statute of limitations for a truck accident claim is two years from the accident date. If you fail to file a lawsuit within this time frame, you will likely lose your right to seek compensation for your damages.

However, there are some exceptions to this rule. For example, if the truck driver who caused your accident was a government employee, you may need to file a notice of claim within a matter of months. Additionally, if the truck accident resulted in the death of a loved one, you may have the right to file a wrongful death lawsuit. The statute of limitations for a wrongful death lawsuit is generally two years from the date of the person’s death rather than the date of the accident.

What Are the FMCSA Trucking Regulations?

The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry in the United States to ensure safety on the roads. These regulations cover a broad range of areas, including driver qualifications, vehicle standards, and operational practices. Here are some key aspects of FMCSA trucking regulations:

• Hours of Service (HOS): These regulations limit the number of hours a driver can operate a commercial motor vehicle (CMV) to prevent fatigue-related accidents. Key provisions include:
  • 11-Hour Driving Limit: Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
  • 14-Hour Limit: Drivers cannot drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.
  • 30-Minute Break: Drivers must take a 30-minute break after 8 cumulative hours of driving without at least a 30-minute interruption.
  • 60/70-Hour Limit: Drivers cannot drive after 60/70 hours on duty in 7/8 consecutive days.
• Driver Qualifications: Drivers must meet certain standards to operate CMVs. This includes having a valid Commercial Driver's License (CDL), being at least 21 years old to operate across state lines or transport hazardous materials, and meeting physical and medical requirements.
• Drug and Alcohol Testing: CMV drivers are subject to drug and alcohol testing, including pre-employment, random, post-accident, reasonable suspicion, return-to-duty, and follow-up testing. A driver with a blood alcohol concentration (BAC) of 0.04% or higher is prohibited from operating a CMV.
• Vehicle Maintenance and Inspection: Carriers must regularly inspect, repair, and maintain all CMVs to ensure they are in safe operating condition. Drivers are required to complete pre-trip and post-trip inspections and report any defects or issues.
• Electronic Logging Devices (ELDs): Carriers and drivers are required to use ELDs to record driving hours to ensure compliance with HOS regulations. These devices automatically record driving time and help prevent tampering and inaccuracies.
• Hazardous Materials Regulations (HMR): Specific regulations govern the transportation of hazardous materials, including proper classification, packaging, labeling, and handling to ensure safety and prevent accidents or spills.
• Weight and Size Limits: FMCSA regulations set maximum weight and size limits for CMVs to prevent damage to roadways and ensure vehicle stability and safety.
• Safety and Fitness Procedures: The FMCSA conducts safety audits and compliance reviews to assess carriers' adherence to regulations. Carriers must maintain satisfactory safety ratings to operate.
• Insurance Requirements: Carriers must maintain minimum levels of financial responsibility (liability insurance) to cover potential damages resulting from accidents. The minimum requirements vary based on the type of cargo and vehicle.
• Driver Training: New entry-level drivers must undergo specific training on safety regulations, hours of service, driver wellness, and whistleblower protection. This ensures that new drivers are adequately prepared for the responsibilities of operating a CMV.

Compliance with these regulations is critical for ensuring the safety of drivers, passengers, and the general public on the road. The FMCSA enforces these rules through inspections, audits, and penalties for violations.

How Can a Peachtree City Truck Accident Lawyer Help Me?

Truck accident claims are notoriously complex. Multiple parties are often involved, and each party may have its own insurance company. These insurance companies will do everything they can to pay you as little as possible for your claim or even deny it altogether. They may try to shift the blame for the accident onto you, or they may try to get you to accept a lowball settlement offer.

When you hire our truck accident lawyer in Peachtree City, we will handle all aspects of your claim so you can focus on your recovery. We will conduct a thorough investigation into the accident, gather all available evidence, and work to determine who is liable for your damages. We will also handle all communication with the insurance company and fight for a fair settlement on your behalf. We will take your case to court if the insurance company refuses a fair settlement.

Learn more about how our Peachtree City truck accident lawyer can help you. Contact us online or by calling (404) 418-9435 today!

FAQ: Peachtree City Truck Accident Lawyers

1. What should I do after a truck accident?

• Seek medical attention: Even if you feel fine, it’s important to get checked for any hidden injuries.
• Call the police: Ensure that an accident report is filed, and get a copy for your records.
• Document the scene: Take photos of the accident, including any visible damage to vehicles, road conditions, and injuries.
• Get witness statements: If possible, collect contact information from witnesses who saw the accident.
• Contact an attorney: A truck accident lawyer can help protect your rights and guide you through the legal process.

2. How long do I have to file a truck accident claim in Georgia?

In Georgia, you generally have two years from the date of the accident to file a personal injury lawsuit. However, the sooner you contact a lawyer, the better. Evidence can fade, and witnesses may become difficult to locate, so it’s important to act promptly.

3. Who can be held responsible for a truck accident?

Liability in truck accidents can extend to several parties, including:

• The truck driver for negligent or reckless driving.
• The trucking company for improper hiring, training, or maintenance practices.
• The truck manufacturer if the accident was caused by a defect.
• The maintenance company if poor maintenance led to the accident.

4. What kind of compensation can I recover in a truck accident case?

If you are injured in a truck accident, you may be entitled to compensation for:

• Medical expenses (past and future)
• Lost wages due to missed work
• Pain and suffering
• Property damage
• Emotional distress
• Permanent disability or disfigurement
• Funeral and burial expenses in the case of wrongful death

5. How do I prove liability in a truck accident?

To prove liability, we will conduct a thorough investigation, gathering evidence such as:

• The truck driver’s logbook and driving records.
• Accident reports and witness statements.
• Maintenance records to check for vehicle issues.
• Black box data from the truck, which records driving speed, braking, and other important details.