Being in an accident can be very stressful and confusing. Every accident injury claim must need an accurate accident report. Especially truck accidents have devastating effects. Having an Atlanta truck accident lawyer on your side can at least ease the devastation. It doesn’t matter whether a truck owned by Atlanta Company hits you or whether you are hit by a truck belonging to an out-of-safe company, you have been hit, and you have questions. In addition, in truck accident cases, you also need a knowledge of special laws and regulations about trucks. Of course, it is the most important part of investigating trucking accidents and collecting evidence to determine who was at fault.
While serious truck accidents can occur anywhere in Georgia State, the area of Atlanta experiences several truck accidents due to highly traveled highways, often resulting in serious personal injury and death. In this article, you will learn about Atlanta’s top 3 truck accident laws.
Negligent Entrustment Law:
All truck owners in Atlanta must conduct a thorough background check of every new truck driver they hire. Their motor vehicle records should not be off-limits. In addition, they also need to contact their previous employers. However, suppose they figure out an accident in the previous record of the truck driver. In that case, the carrier is duty-bound to check a driver’s record for accuracy and their account of the incident. If the carrier knows about such incidents and the driver’s inexperience, they need to ensure they are trained. It is because if they allow them to drive a truck and the driver gets into an accident, the carrier could be responsible for this with negligent entrustment.
Trucking companies in Atlanta must have insurance of at least $100,000 per accident. However, most companies carry policies of at least $1000,000 since accidents with a truck often result in substantial injuries. Owners and operators of the trucking company can also be responsible in truck accidents in Atlanta for the negligent acts of their drivers. According to an Atlanta truck accident lawyer, under O.C.G.A. § 40-2-140, a truck accident victim can directly sue the insurer of the motor carrier and the liability insurer of the operator.
In loss-of-control truck accidents, the truckload may have contributed to the accident. The truck securement rules from the F.M.C.S.A. defined by the Atlanta truck accident lawyer may be relevant.
- The truck must be secured or immobilized by structures with adequate strength and support while in transit.
- A piece of a truck prone to rolling must be secured by chocks, wedges, cradles, or other means that prevent them from rolling.
- When tie-downs secure a truck, each tie-down must be secured to keep it secure from loosening, unfastening, opening, or releasing in transit.
- Special requirements apply to securing particular types of trucks like logs, coils, rolls, pipes, intermodal containers, etc.
Hours of Service Laws:
To prevent tired truck drivers from getting behind the wheel, the F.M.C.S.A. maintains strict service hours that all carriers must follow. The laws determine how long truck drivers can work and rest. The Atlanta truck accident lawyer explains some of the laws that trucking companies have to follow.
- Truck drivers are not eligible to drive for more than 11 hours after completing 10 hours of rest.
- They should stop driving if they have driven for more than 13 consecutive hours. In addition, breaks and refueling are not included in it.
- After every eight consecutive hours they drive, truck drivers should be allowed a half-hour break. They can load or refuel during this time.
- According to an Atlanta truck accident lawyer, truck drivers can’t drive more than 60 hours a week or 70 hours in 8 straight days. After talking for the rest of more than 34 hours.
One more important thing that needs to keep in mind, all drivers have to maintain logs of their service hours to make sure they are compliant. If the employer forces them to overwork and violates those laws, they have the right to sue. In many cases, employers can deliberately increase hour limits by falsifying logbooks.
Trucks are large and heavy and transport cargo or a certain number of passengers for compensation. If the truck fits within the Atlanta definition of a commercial vehicle, then it is subject to federal and state regulations. However, if you involve in a truck accident, an experienced Atlanta truck accident lawyer could ensure you get the compensation you deserve. All you need to do is to familiarize yourself with Atlanta truck accident laws beforehand.