If you have ever traveled on the Downtown Connector, you know that traffic can suddenly come to a standstill near the 17th Street or Grady Curve exits. Semi trucks traveling at 65 mph require over 500 feet to stop, and when they quickly come up on a backup, it often results in deadly rear-end collisions.
Because Atlanta has become a major hub in the Southeast trucking corridor, Fulton County and other surrounding areas see their fair share of catastrophic accidents. If you or a family member has been involved in a truck accident, you will most likely face numerous unplanned medical expenses, lost wages, pain and suffering, and property damage costs.
Understanding what your truck accident is worth is critical to making informed decisions as you navigate your claim.
Why Truck Accident Settlements Are Higher and Average Settlement Ranges
Truck accident settlements are generally higher than average settlements for other types of motor collisions. A fully loaded 18-wheeler can weigh up to 80,000 lbs. Up against a 3,000 to 4,000-lb car, it’s a recipe for disaster and often leads to serious injuries. Common truck accident injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Amputations
- Crush injuries
- Death
The potential for multiple parties to be involved in a crash generally means more insurance coverage is available. The Federal Motor Carrier Safety Administration (FMSCA) has imposed federal regulations that create additional options for proving negligence. Federal law also requires interstate trucks to carry $75,000 to 5,000,000 in liability coverage, a substantial contrast to Georgia’s $25,000 minimum auto coverage standard.
Disclaimer: Because every case is different, there is no true “average” value for truck accident claims.
Truck accident settlements can widely range based on the severity of injuries. For example, soft tissue or whiplash injuries usually range between $50,000-$200,000.
Other examples include:
- Moderate injuries such as broken bones or herniated discs: $200,000 – $750,000
- Severe injuries such as amputations, traumatic brain or spinal cord injuries: $750,000 – $5,000,000+
- Wrongful death: $1,000,000 – $10,000,000+
Factors That Determine Truck Accident Settlement Value in Georgia
Although several factors are considered when determining a truck accident settlement, the severity of injuries is usually the primary determinant. Permanent injuries, disability, and chronic pain maximize settlement value.
Other factors include:
- Medical expenses, including total past and estimated future medical costs.
- Past and current lost wages and future earning capacity.
- Non-economic damages, which can include pain and suffering, are not capped under Georgia law.
When it is determined that the trucking company is clearly at fault, settlements typically increase. Even so, the trucking company’s insurance policy coverage will limit the financial recovery you may ultimately receive. Evidence that plays a role in determining a settlement also includes the black box data, data logs, dash cam footage, and maintenance records.
If it is discovered that the driver or company acted with wanton disregard for the safety of others, you may be able to recover punitive damages.
Who Can Be Held Liable in a Georgia Truck Accident?
Many Georgians mistakenly believe that only the truck driver and their company can be held liable for an accident. Factors such as fatigued or distracted driving, speeding, negligent hiring, or pushing drivers to violate their Hours of Service (HOS) are commonly cited as leading to liability.
Even so, Georgia law extends liability to other parties who may also have played a role in the collision, including:
- The cargo-loading company that improperly loaded or overloaded cargo.
- The vehicle or parts manufacturer that produced defective tires, brakes, or other components.
- Government entities that may be held liable for failure to address hazardous road conditions. When pursuing compensation, you must file an ante-litem notice under O.C.G.A. § 36-33-5.
- Third-party maintenance companies for negligent repair or inspection.
Federal Regulations That Strengthen Truck Accident Claims
Federal regulations heavily influence truck accident settlements. Some of the most commonly violated federal rules closely examined in truck accident cases include:
- Hours of Service (HOS) rules: Drivers are limited to operating their vehicles to 11 hours after 10 consecutive hours off duty; 14-hour on-duty window.
- Electronic Logging Devices (ELDs): ELDs record driving hours and are more difficult to falsify than paper logs.
- Vehicle maintenance and inspection requirements: The DOT requires that drivers and companies make pre-trip and annual inspections and maintenance
- Drug and alcohol testing: Trucking companies are required to conduct pre-employment and post-accident testing. Companies are also required to conduct random and reasonable suspicion testing when necessary.
Evidence that any of these regulations were violated can strongly support a finding of negligence.
The Settlement Process and Why You Need a Lawyer
During the investigation phase, your truck accident attorney should send a “spoliation” letter to the trucking company immediately. A spoliation letter that prohibits them from destroying electronic and black box data, driver logs, and maintenance logs.
Demand Letter
Once you have reached maximum medical improvement (MMI), your attorney will send a demand letter. The demand letter outlines who is liable for the accident and the value of your claim. INTERNAL LINK -> what is a demand letter (Topic 18)
Negotiation Phase
During the negotiation phase, the trucking company’s insurance provider will most likely counter your offer with their own. During negotiations, it is common for your attorney and the insurer to make offers and counteroffers.
Litigation Phase
If negotiations fail, your attorney will file a lawsuit in Fulton County Superior Court for Atlanta cases or another Georgia court in the surrounding area, depending on where the accident occurred. Judges overseeing truck accident cases in state courts often require all parties involved to participate in mediation before going to trial. If mediation fails, the case will be decided by a jury.
Trucking companies and their insurers have highly experienced legal teams whose goal is to deny or minimize your claim. It is in your best interest to seek qualified legal representation immediately. Having an attorney who understands federal trucking regulations is key to obtaining fair compensation for your damages.
Atlanta truck accident cases often involve complex jurisdictional issues that require the assistance of a skilled lawyer.
Georgia truck accident cases have time-sensitive evidence that can be easily lost or destroyed, so you should seek legal assistance as soon as possible. Contact Durham Law Group immediately at 404-845-3434 or 813-333-6250 to schedule a consultation.
