Truck accident
Truck Accident Attorneys in Atlanta, Georgia
The firms in this guide
1. Fried Goldberg LLC
Practice Focus: Truck accidents, tractor-trailer collisions, commercial vehicle accidents, 18-wheeler crashes, semi-truck accidents, wrongful death, catastrophic injuries
Case Types Handled: Tractor-trailer accidents, semi-truck collisions, commercial vehicle crashes, big rig accidents, passenger vehicle collisions with trucks, multi-vehicle truck accidents, driver fatigue accidents, maintenance failure accidents, cargo accidents
Legal Services: Federal Motor Carrier Safety Administration (FMCSA) regulation compliance analysis, vehicle dynamics investigation, collision analysis, forensic investigation, driver qualification review, hours of service violation investigation, electronic logging device (ELD) data analysis, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, evidence preservation
Background: Attorneys Joe Fried and Michael Goldberg have dedicated their professional careers to handling truck and commercial vehicle accidents, with more than 95% of the firm’s practice focused on trucking litigation. Joe Fried was named Trucking Trial Lawyer of the Year for 2013-2014 by the American Association for Justice, a 20,000-member organization. The firm’s recoveries have been featured in The Wall Street Journal, USA Today, The Washington Post, The Los Angeles Times, and Detroit News. The firm has directly represented clients or co-counseled cases in all 50 states. The firm authored “Understanding Motor Carrier Claims,” now in its 7th edition, a resource for educating lawyers on commercial vehicle law.
Location: Atlanta, Georgia
Contact: https://www.friedgoldberg.com
Consultation: Free consultation available
2. Ken Shigley Law
Practice Focus: Truck accidents, tractor-trailer collisions, commercial vehicle accidents, big rig crashes, dump truck accidents, cement mixer accidents, bus accidents, logging truck accidents, wrongful death, catastrophic injuries
Case Types Handled: Commercial truck collisions, tractor-trailer accidents, big rig crashes, dump truck accidents, cement mixer truck accidents, bus accidents, logging truck accidents, driver fatigue accidents, distracted driving accidents, hours of service violations, maintenance failure accidents
Legal Services: Federal Motor Carrier Safety Administration (FMCSA) regulation compliance investigation, mobile device and text messaging record analysis, multistate investigations, hours of service log review, driver qualification investigation, maintenance record analysis, accident reconstruction, insurance claim negotiation, litigation, trial representation, settlement negotiations, evidence preservation
Background: Ken Shigley is a highly experienced Atlanta truck accident attorney with practice focused on high-end personal injury and wrongful death cases resulting from motor carrier accidents. Attorney Shigley has experience teaching other lawyers about aspects of litigating truck accident cases. The firm has in-depth knowledge of Federal Motor Carrier Safety Administration regulations and technology used in the trucking industry. Licensed in Georgia with experience conducting multistate investigations.
Location: Atlanta, Georgia
Contact: https://www.georgiatruckingaccidentattorney.com
Consultation: Free consultation available
3. Finch McCranie LLP
Practice Focus: Truck accidents, 18-wheeler collisions, semi-truck crashes, tractor-trailer accidents, big rig accidents, commercial vehicle accidents, wrongful death, catastrophic injuries
Case Types Handled: Semi-truck collisions, 18-wheeler accidents, big rig crashes, tractor-trailer accidents, commercial vehicle crashes, driver negligence accidents, trucking company negligence accidents, maintenance failure accidents, hours of service violations
Legal Services: Federal Motor Carrier Safety Administration (FMCSA) violation investigation, evidence preservation, driver qualification review, maintenance record analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, punitive damage claims in appropriate cases, wrongful death claims
Background: Finch McCranie LLP has been handling serious trucking accident matters for over 50 years. The firm is selective in the cases it takes, emphasizing care, time, and attention to detail. Unlike high-volume practices, the firm treats truck accidents differently than car accidents, recognizing the distinct laws and regulations that apply. The attorneys have secured numerous verdicts and settlements in trucking cases. Licensed in Georgia.
Location: 225 Peachtree Street NE, Suite 1700, Atlanta, GA 30303
Contact: (404) 658-9070 | https://www.finchmccranie.com
Consultation: Free consultation, contingency fee arrangement (no legal fee unless compensation is recovered)
4. Goldstein Hayes & Lina, LLC
Practice Focus: Truck accidents, commercial vehicle collisions, personal injury, wrongful death, catastrophic injuries
Case Types Handled: Truck collisions, commercial vehicle accidents, semi-truck crashes, driver fatigue accidents, distracted driving accidents, mechanical failure accidents, poor road condition accidents, brake failure accidents, tire failure accidents
Legal Services: Accident investigation, evidence gathering, insurance company negotiation, litigation, trial representation, settlement negotiations, medical expense documentation, lost wage claims, pain and suffering claims, punitive damage claims in appropriate cases
Background: Goldstein Hayes & Lina, LLC brings over 85 years of combined experience to personal injury cases. The firm has recovered more than $600 million for clients in personal injury matters. Atlanta personal injury lawyers at the firm are familiar with local laws and procedures. Licensed in Georgia.
Location: Atlanta, Georgia
Contact: https://www.goldsteinhayeslaw.com
Consultation: Free consultation available
5. Tobin Injury Law
Practice Focus: Truck accidents, 18-wheeler collisions, commercial vehicle accidents, personal injury, wrongful death, civil rights violations
Case Types Handled: Trucking accidents, commercial truck collisions, semi-truck crashes, 18-wheeler accidents, driver fatigue accidents, distracted driving accidents, drunk driving truck accidents, speeding truck accidents, hours of service violations, maintenance failure accidents
Legal Services: Federal Motor Carrier Safety Regulations compliance investigation, evidence collection and preservation, insurance claim negotiation, litigation, trial representation, settlement negotiations, punitive damage claims, wrongful death claims
Background: Darren Tobin is a distinguished Atlanta personal injury attorney who secured a $100 million federal court verdict in 2022, one of the largest civil rights violation verdicts in U.S. history. Attorney Tobin graduated magna cum laude from the University of Georgia School of Law. He has earned recognition as a “Super Lawyer” and “Legal Elite.” Licensed in Georgia.
Location: Atlanta, Georgia
Contact: https://www.tobininjurylaw.com
Consultation: Free consultation available
Carrier Coverage, Driving Limits and Punitive Damages in Atlanta Truck Crash Claims
Federal motor carrier rules decide whether the truck in an Atlanta crash was a regulated commercial vehicle, what coverage its carrier needed and how long its driver could drive that day. Georgia law then sets when punitive damages are allowed, when the $250,000 limit does not apply, and the notice rule for a claim against the State.
Which Trucks the Federal Rules Reach and Their Coverage
Under 49 CFR 390.5, a commercial motor vehicle includes a vehicle used on a highway in interstate commerce with a gross vehicle weight rating or gross combination weight rating, or actual gross weight, of 10,001 pounds or more, whichever is greater. Under 49 CFR 387.9, a for-hire carrier hauling nonhazardous property in interstate or foreign commerce in a vehicle rated 10,001 pounds or more must carry at least $750,000, and under 387.7 it may not operate until that coverage is in effect.
The Daily Driving Window and Post-Crash Testing
Except as otherwise provided in 49 CFR 395.1, 49 CFR 395.3(a) requires a property-carrying driver to have 10 consecutive hours off duty before driving, limits driving to 11 hours, bars driving after the 14th consecutive hour after coming on duty, and bars driving once more than 8 hours of driving time have passed without a consecutive 30-minute interruption. Under 382.303, a fatal crash requires alcohol and drug testing of the surviving driver, and an injury or tow-away crash requires it when the commercial driver is cited for a moving violation arising from the crash within 8 hours (alcohol) or 32 hours (drugs).
Punitive Damages
Under O.C.G.A. 51-12-5.1(b), punitive damages require clear and convincing evidence of willful misconduct, malice, fraud, wantonness, oppression or that entire want of care raising a presumption of conscious indifference to consequences. Under (g), the award is limited to $250,000, except under (f) against an active tortfeasor who acted with specific intent to cause harm or while substantially impaired by alcohol, by drugs other than lawfully prescribed drugs taken as prescribed, or by an intentionally consumed toxic vapor, and under (e) in product liability cases, where 75 percent of the award, less a proportionate part of the costs of litigation including reasonable attorney’s fees, is paid into the state treasury.
A State Vehicle
Under O.C.G.A. 50-21-26(a), no action may be brought on a tort claim against the State without first giving written notice within 12 months of the date the loss was discovered or should have been discovered, mailed by certified mail or statutory overnight delivery, return receipt requested, or delivered personally to the Risk Management Division of the Department of Administrative Services, with a copy to the state government entity involved.
Atlanta Truck Accident Questions
How long do I have to sue the carrier?
Two years after the right of action accrues for injuries to the person under O.C.G.A. 9-3-33, and four years for a loss of consortium claim, except as otherwise provided in that article.
Can I recover if I was partly at fault?
Yes, if you were less than 50 percent responsible. Under O.C.G.A. 51-12-33(a) and (g), damages are reduced by your percentage of fault, and a plaintiff 50 percent or more responsible recovers nothing. For example, imagine $320,000 in damages and 15 percent of the responsibility on the injured driver: the recovery would be $272,000.
Does my policy include uninsured motorist coverage?
Yes, unless rejected in writing. Under O.C.G.A. 33-7-11(a)(1), a motor vehicle liability policy issued in Georgia must include uninsured motorist coverage, but the requirement does not apply where any insured named in the policy rejects the coverage in writing.