According to the Department of Transportation Federal Motor Carrier Safety Administration Analysis Division, 31 percent of large truck accidents in 2009 were caused by truck driver-related factors including speeding, distracted driving and failing to maintain the proper lane. If you are the victim of a truck accident it is important to have an experienced truck accident attorney in Morrow who can get the proper compensation.
A recent fatal tractor trailer accident on I-285 is a reminder of the risk of severe injury that all drivers take when sharing the road with truckers. According to the Atlanta Journal-Constitution the jackknife accident killed the driver.
Injuries from truck accidents are often severe due to the truck's size and weight. Jackknife accidents are especially dangerous because the truck frequently blocks multiple lanes and the driver loses complete control. Jackknife accidents occur the truck's cab is perpendicular or at an angle to the trailer hitch. This may be caused by the truck driver's error or negligence (including speeding or distracted driving), cargo imbalance, deficient truck maintenance, inclement weather or hazardous roads.
Jackknife accidents similar to the one on I-285 can create a hazard two ways: the truck's jackknifing itself and the subsequent traffic blockage. It is not uncommon for a truck to block multiple traffic lanes, thus causing an instant decrease in speed. This can cause accidents long after the jackknifing took place and can involve multiple vehicles.
Proving who is at fault in a Georgia truck accident may require extensive review of the trucking company's documents. An attorney will send a spoliation letter to a trucking company after an accident involving an 18-wheeler or other commercial truck. "Spoliation" is the destruction, concealment, loss or alteration of evidence and is illegal. A spoliation letter puts the trucking company on notice that it must preserve evidence related to the accident because an accident victim has a claim against the company. The accident-related evidence may subsequently be requested by the victim's attorney.
Depositions and trucking records may be sought from the trucking company or the truck's owners (frequently the cab and trailer are owned by different parties). Trucking company employees, the truck driver and those who loaded the cargo may be questioned. Mandatory driver logs, weight registers and maintenance checks may also be reviewed. Event Data Recorders (EDRs) can also be demanded for speed records near the time of the accident.
If you or someone you know has been hurt by a distracted truck driver, meet with a truck accident lawyer at Shane Smith Law. We can assist in every stage of the case including obtaining the available evidence.