Injured in a Semi Truck Crash? Talk With a Duluth Lawyer Today

A semi truck accident claim seeks compensation for injuries or losses caused by a crash with a large commercial truck, such as a tractor-trailer or 18-wheeler. A semi truck accident lawyer can explain how these claims work and what to expect. Slam Dunk Attorney is a personal injury practice based in Duluth, Georgia, and it represents people hurt in truck, car, and motorcycle accidents across metro Atlanta and Georgia. This page covers the basics so you can decide what to do next.

What Is a Semi Truck Accident Claim, and Who Is It For?

Semi truck crashes involve much larger vehicles, and they can involve more parties than a typical car crash. The parties may include the truck driver, the trucking company, a cargo or maintenance contractor, and insurers. Who may be responsible turns on how the crash happened.

This page is written for:

• Drivers and passengers in a car struck by a semi truck.
• Pedestrians and motorcyclists hit by a truck.
• Family members of someone killed in a truck crash.

Georgia’s wrongful death statute generally allows a surviving spouse, or a child or children if there is no surviving spouse, to bring a claim for the homicide of a spouse or parent (O.C.G.A. § 51-4-2), although who may bring a claim depends on the facts of each case and exceptions may apply. Who may bring a claim depends on each family’s situation.

Slam Dunk Attorney handles truck accident matters along with car, motorcycle, pedestrian, and wrongful death matters.

Can You Sue if a Semi Truck Hits You?

You may be able to bring a claim after a semi truck crash, but whether you can depends on the facts of your case. Georgia generally allows two years to file a lawsuit for injuries to the person, as set out in O.C.G.A. § 9-3-33, but exceptions may apply depending on the facts, so consider speaking with a lawyer about the deadline in your own situation. The statute begins with “except as otherwise provided,” so other deadlines and exceptions may apply. Talk with a lawyer about your own timeline.

Questions about deadlines and fault are easier to answer once the basic crash facts are known. Those facts include the date, the location, and how the collision happened.

Georgia also uses modified comparative fault (a rule where your own share of blame can affect what you recover). Georgia’s apportionment statute, O.C.G.A. § 51-12-33, generally provides for an injured person’s damages to be reduced in proportion to that person’s share of fault, though how it applies depends on the facts of each case and exceptions may apply. The statute also says a plaintiff is not entitled to damages if 50 percent or more responsible for the injury or damages claimed. Exceptions may apply, and a lawyer can explain how these rules may apply to you.

How Are Truck Accidents Different From Car Accidents?

Truck crashes can differ from car crashes in vehicle size, the commercial purpose of the trip, and the records a trucking company keeps. Some of these differences show up in federal rules that apply to commercial vehicles.

• Driving-time limits. Under § 395.3, except as otherwise provided in § 395.1, a driver may not drive without first taking 10 consecutive hours off duty, and may not drive after a period of 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty. Exceptions may apply, and how this rule applies depends on the facts of each case, so consult a lawyer about your own situation. Within that period, the driver may drive 11 hours.
• Driver logs. Under § 395.8, except for a private motor carrier of passengers (nonbusiness), a motor carrier subject to the requirements of that section must require each driver it uses to record the driver’s duty status for each 24-hour period using the method prescribed in that section, as applicable. Exceptions may apply, and how this rule applies depends on the facts of each case, so consult a lawyer about your own situation.
• Post-crash testing. Under § 382.303, as soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer must test for alcohol certain surviving drivers, such as a driver performing safety-sensitive functions with respect to the vehicle where the accident involved the loss of human life, depending on the conditions set out in that section. Exceptions may apply, and how this rule applies depends on the facts of each case, so consult a lawyer about your own situation.
• Inspection and driver files. Under § 396.11, motor carriers generally must require their drivers to report defects, and drivers generally must prepare a written report at the completion of each day’s work on each vehicle operated. Exceptions may apply, including for intermodal equipment tendered by an intermodal equipment provider and for certain property-carrying vehicles where no defect is found, so how this rule applies depends on the facts. Consult a lawyer about your own situation. How this rule applies depends on the facts of each case, so consult a lawyer about your own situation.

A lawyer can look at whether these rules apply to a particular crash. Records such as trip logs, inspection reports, and maintenance files may come up during a review. Having them does not decide who is at fault or what a claim is worth.

Trucking companies and their insurers may follow processes that differ from those in car claims. The details vary by case.

What Happens at a Free Consultation?

A free consultation is a confidential first conversation about your crash, your injuries, and your questions. Here is how it usually works:

1. First contact. The conversation starts when you get in touch with our office.
2. Intake conversation. You describe where and when the crash happened, how it happened, and the care you have received.
3. Document review. You may share papers you already have, and we review them with you.
4. Next steps. We talk through your options, and you decide what, if anything, to do next.

The first conversation is usually a single meeting. How long a claim takes depends on the details, the parties involved, and whether it resolves without a lawsuit.

Helpful items to have ready:

• Crash report number. The GDOT crash reporting page explains Georgia crash reports and how to obtain them.
• Photos of the scene, the vehicles, and your injuries.
• Medical records as documentation of your care.
• Insurance information and any claim numbers.
• Witness names and contact details.

Share the facts as you remember them, including details you are unsure of, and say so. Talk with your lawyer before giving a recorded statement to an insurer or another party.

What Does the Free Consultation Cost?

The first consultation is free, confidential, and carries no obligation to continue. You may still be responsible for court costs and case expenses, so read the written fee agreement for all terms.

Ask any question about costs before you sign anything. Court costs and case expenses are separate from the consultation itself, so ask about them directly. Fee terms appear only in the written fee agreement, which we review with you before you decide.

Why Readers Contact Slam Dunk Attorney in Duluth

Slam Dunk Attorney is a personal injury practice based in Duluth, Georgia, and it represents people hurt in accidents across metro Atlanta and Georgia. Its practice areas include truck, car, motorcycle, pedestrian, dog bite, premises liability, slip and fall, negligent security, nursing home abuse, and wrongful death matters.

Peter F. Jaraysi is the lawyer responsible for this page and for this practice. Our team of support staff helps with scheduling, intake, and office matters, so you have clear points of contact.

Here is what you can expect from us:

• A confidential first conversation about your situation.
• Plain explanations of the next steps and the documents that may matter.
• Direct contact details on our website, so you know how to reach us.

This page aims to help you understand the process before you decide whether to talk further.

Frequently Asked Questions About Semi Truck Accident Claims