Mitchell County Trucking Accident Caused by Truck Driver Safety Law Violations


April 04, 2012

Traffic safety rules exist for a reason; they are designed to prevent serious Georgia motor vehicle accidents that may cause life-altering injury and the tragic loss of life. When any motorist chooses to disregard the rules of the road, the driver puts not only his or her own safety at risk, but also the well-being of their passengers in danger and is endangering everyone else on the road.

If the driver who chooses to disregard Georgia traffic safety laws is driving a massive tractor-trailer, the stakes involved in a collision dramatically increase.

This danger was again revealed by a Mitchell County, GA trucking accident that left the occupant of the other vehicle injured. According to media reports, a woman was hospitalized after an 18 wheel big-rig barreled through a stop sign while driving at an unsafe speed on State Route 37. It is almost always the case that the occupants of the passenger vehicle in a collision between an 18 wheel big-rig and a passenger vehicle are the ones injured, and the Mitchell County collision is no exception. The woman driving the passenger vehicle suffered a serious leg injury in the trucking collision.

Because a tractor-trailer is a potentially legal projectile when moving at high rates of speed, it is essential that truck drivers obey not only the Georgia rules of the road that apply to other motorists, but also the special regulations that apply to commercial truck drivers. Sometimes commercial truck drivers violate these critical traffic safety laws because of fatigue, drug or alcohol impairment, financial pressure or simple indifference to the safety of other drivers and passengers.

Tractor-trailer accidents are unique in that it is generally the case that the occupants of other vehicles are the ones who suffer injury. An Atlanta truck driver that speeds, runs stops signs or otherwise disregards traffic laws may be found negligent based on the violation of Georgia law. While trucking companies defend trucking accident lawsuits aggressively, truck drivers who violate traffic safety laws generally will be found at least partially at-fault. Nonetheless, the insurance carrier for the trucking company may look for evidence including the accident report prepared by law enforcement to argue that the accident victim was also negligent.

While it would be unlikely that this defense strategy would preclude recovery by the victim in an accident of this kind, it might result in her being assigned a percentage of fault with a corresponding reduction in damages. In trucking accidents where the liability of the truck driver is fairly clear, insurance carriers will typically dispute the seriousness and nature of the accident victim’s injuries. It is important to seek immediate medical attention and follow through on any physician or medical referrals, diagnostic scans and modes of treatment, so that you can get the care and treatment that you need and to fully document and be in a position to prove the extent of your injuries.

If you are involved in a trucking accident in Georgia with a truck driver who violates Georgia traffic safety laws or trucking industry regulations, Montlick and Associates offers a free consultation so that you can discuss your situation and learn about your legal rights and remedies. Our experienced Georgia trucking accident lawyers are available to assist clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.