Hurt in a Gwinnett County Truck Crash? You Don't Have to Figure It Out Alone

Truck Accidents in Gwinnett County: What This Page Covers

A truck accident lawyer in Gwinnett County helps people hurt in crashes with semi-trucks and other commercial vehicles understand their options. Slam Dunk Attorney represents people injured in truck accidents across metro Atlanta and Georgia, including Lawrenceville, Duluth, Norcross and Snellville.

This page is for injured drivers and passengers, pedestrians and motorcyclists struck by trucks, and families of people killed in a truck crash. Crashes on Interstate 85, Interstate 985, State Route 316 and local surface streets are common settings for these cases.

You may be hurting right now. You may be dealing with insurance calls, medical bills and hard questions about what comes next. This page explains, in plain terms, how truck cases differ from ordinary car crashes. Peter F. Jaraysi is the responsible lawyer for this page.

Why Truck Accident Cases Differ From Car Accident Cases

Truck cases differ because federal rules govern commercial drivers and create records that can show how a truck was driven and maintained.

Driving hours are limited. A driver may not drive without first taking 10 consecutive hours off duty, and may drive a total of 11 hours during the 14-hour period that begins after the driver comes on duty following 10 consecutive hours off duty (49 CFR § 395.3). Electronic logging devices automatically record date, time, location, engine hours and vehicle miles (49 CFR § 395.26).

These records have minimum keep times. Carriers must retain records of duty status for at least 6 months (49 CFR § 395.8). Driver vehicle inspection reports are kept for three months from the date the written report was prepared, unless the rules do not apply: a private motor carrier of passengers (nonbusiness), a driveaway-towaway operation, or any motor carrier operating only one commercial motor vehicle (49 CFR § 396.11). Maintenance records are kept for a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier’s control (49 CFR § 396.3). Waiting to act can cost time on the records that matter most.

Georgia’s general deadline for injury claims is two years after the right of action accrues (O.C.G.A. § 9-3-33). Georgia also uses modified comparative fault (shared fault). Your damages are reduced by your share of fault, and you recover nothing if you are 50 percent or more responsible (O.C.G.A. § 51-12-33).

Who Can Be Responsible in a Truck Crash

Responsibility can reach more than the driver. Georgia makes a person liable for torts committed by a servant by the person’s command or in the prosecution and within the scope of the person’s business (O.C.G.A. § 51-2-2). That rule can make the trucking company a responsible party too.

Georgia also divides fault among responsible parties. Each liable person pays its own apportioned share, and the fault of certain nonparties can be considered (O.C.G.A. § 51-12-33). Depending on the facts, responsible parties may include the driver, the motor carrier, the vehicle owner, a maintenance company, a cargo loader or a parts maker.

A truck accident lawyer in Gwinnett County reviews evidence such as police reports, scene photos, electronic logging data, inspection and maintenance records, drug and alcohol testing records, cargo papers, witness statements and dashcam footage. Early letters asking insurers and carriers to preserve this evidence are important.

Our work also covers catastrophic injuries, such as spinal cord injury, traumatic brain injury, amputation and severe burns, and wrongful death claims for families.

How a Truck Accident Claim Works, Step by Step

Most truck claims move through six stages, and the path depends on the facts.

1. Medical care first. Get checked promptly and follow your treatment plan. Medical records are central to any claim.
2. Protect the evidence. Ask that the trucking company preserve logs, data and maintenance files. Keep photos, receipts and a symptom journal.
3. Free consultation. Review the crash, your injuries, insurance contacts and deadlines, with no obligation to continue.
4. Investigation. Gather records and, when needed, work with accident reconstruction professionals to examine how the crash happened.
5. Demand and negotiation. Present the insurer a demand supported by documented damages.
6. Lawsuit if needed. File in the proper Georgia court, then move through discovery, depositions and possibly mediation or trial.

Our team keeps clients informed as the case moves from one stage to the next.

How Long a Truck Accident Lawsuit Takes and Whether You Can Sue the Driver

Yes, the truck driver can be named in a lawsuit, along with the trucking company or other parties whose conduct contributed to the crash.

Timing depends on the facts. Simple claims with clear fault and finished medical treatment can resolve sooner. Catastrophic injury and wrongful death cases often take longer, because future care and total damages must be established. Disputed fault, multiple defendants and court schedules can also extend a case.

Drug and alcohol testing starts early. After a qualifying crash, the employer must test each surviving driver for alcohol as soon as practicable (49 CFR § 382.303). If an alcohol test is not given within two hours, the employer must record why. After eight hours, the employer must stop trying. For controlled substances, attempts stop after 32 hours.

For families, Georgia law lets a surviving spouse, or children if there is no surviving spouse, recover the full value of the decedent’s life as shown by the evidence (O.C.G.A. § 51-4-2). Where death results from a crime or from criminal or other negligence, a personal representative may also recover funeral, medical and other necessary expenses (O.C.G.A. § 51-4-5).

Fees, Case Costs and Working With Slam Dunk Attorney

Slam Dunk Attorney offers a free, confidential initial consultation with no obligation to continue.

The fee arrangement is explained at the consultation. Case costs are separate from fees. Court filing fees, records charges, accident reconstruction fees and deposition expenses may be your responsibility, depending on the agreement and the outcome of the case.

Peter F. Jaraysi is the responsible lawyer for this page. Brian D. Wright is also one of our lawyers. Support staff handle records requests, scheduling and client communication.

The firm represents clients across metro Atlanta and Georgia, including Gwinnett County communities such as Lawrenceville, Duluth, Norcross and Snellville.

Frequently Asked Questions About Truck Accidents in Gwinnett County

Disclaimer: This page gives general information, not legal advice. Responsible lawyer: Peter F. Jaraysi, Slam Dunk Attorney, Duluth, Georgia. Contact: slamdunkattorney.com/contact-us.