Truck Accidents
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Truck Accident Laws in Georgia
Georgia’s economy relies heavily on trucking operations, with all types of commercial motor carriers traversing state and interstate roadways. Trucks are large and heavy, meaning accidents can result in catastrophic consequences. Whether an out-of-state truck or a truck belonging to a Georgia company hit you, you sustained injuries, and you must hold the responsible party accountable.
If you’ve been hurt by an intrastate or interstate truck, you can seek compensation for your losses from the negligent party. You’ll want an accident attorney who is conversant with state laws applicable to all motor vehicles and federal laws that specifically apply to commercial vehicle companies. At Fry | Goehring, our truck accident attorneys can help you understand all truck accident laws in Georgia and guide you throughout the claims process.
Our dedicated advocates and seasoned litigators will ensure your rights are protected and you get the justice you deserve. Having been practicing for over ten years, Fry | Goehring has handled numerous intrastate and interstate truck accident claims and can help you, too. We focus on winning the results our clients deserve!
Contact us today at 404-969-1284 to learn how truck accident laws in Georgia can affect your case.
Commercial Motor Vehicle Laws In Georgia
State and federal regulations govern truck companies to ensure the safety of other motorists. To this end, the Federal Motor Carrier Safety Regulations (FMCSRs) establish minimum standards for drivers and motor carriers. The Federal Motor Carrier Safety Administration (FMCSA) defines a commercial motor vehicle as any “self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property.”
In Georgia, a vehicle is considered a commercial motor vehicle and is subject to state and federal commercial motor carrier laws if:
- It has a gross vehicle weight or gross combination weight rating of 10,001 pounds or more.
- It is a vehicle specifically made or used to transport over eight people, including the driver, for compensation.
- It is a vehicle specially made to carry over 15 people, including the driver, and is not used for commercial reasons.
- It transports material classified as hazardous and moves it in quantities that need placards.
The Difference Between Intrastate and Interstate Commercial Motor Vehicles
Stringent state and federal laws heavily regulate the trucking industry. Intrastate commercial motor vehicles operate within the state and are governed by Georgia law. On the other hand, interstate commercial motor vehicles are trucks that travel between multiple states and are subject to FMCSRs.
The Department of Transportation (DOT) governs motor carriers, including:
- School buses
- Fire trucks
- Cement trailers
- Garbage trucks
- Logging trucks
- Construction trucks
- Limousines
- Public transportation buses
- Vans for the elderly or disabled
Examples of interstate commercial vehicles include:
- FedEx trucks
- UPS trucks
- Highway trucks
- Private charters, such as Greyhound buses
- Department store semis
Here are other differences between intrastate and interstate trucks:
Interstate Trucks Require USDOT Numbers
According to the FMCSA, all interstate commercial vehicles require U.S. Department of Transportation numbers. Nevertheless, not all interstate truckers, including those passing through Georgia, do this. Not applying for and displaying a USDOT number can have legal ramifications for the trucking company and driver.
Some Interstate Trucks Require Operating Authority Numbers
Some trucking companies must obtain an interstate operating authority (MC number) before truckers get behind the wheel. An MC number is necessary if the trucking company is transporting passengers or materials regulated by the federal government across state lines.
Intrastate Truckers Are Obligated To Undergo Certain Medical Exams
Truckers operating vehicles over 10,001 pounds must undergo a medical assessment and get a certificate showing if they have conditions that would risk their driving abilities and endanger other road users.
Intrastate Truckers Must Follow State-Related Regulations
Truckers operating in Georgia have to follow several other regulations, including:
- Do pre-trip inspections
- Preserve annual mechanical vehicle inspection report
- Keep time records
- Complete post-trip inspections
- Carry a fire extinguisher
Federal and State Truck Accident Laws Adopted by Georgia
If you or somebody close to you has been harmed in a truck accident, a reputable Georgia truck accident law firm like Fry | Goehring can hold responsible parties accountable for actions that led to your injuries and losses. Here are the FMCSA rules adopted by the Georgia Department of Public Safety that trucking companies and drivers must adhere to:
Hours of Service Laws
To deter fatigued drivers from operating commercial vehicles, the FMCSA has set stringent service hours that all drivers must follow. The rules stipulate the duration drivers can rest and work. Regulations that truckers and truck companies in Georgia must follow include:
- Short-haul truckers can drive for a maximum of 11 hours, provided they have finished 10 hours of rest before a new shift.
- Truckers should stop driving if they have been on the road for 14 hours without factoring in refueling and breaks.
- For every eight straight hours they drive, truckers should have a half-hour break.
- Long-haul truckers cannot work for over 60–70 hours a week.
Negligent Entrustment Laws
Georgia’s negligent entrustment laws, outlined under Georgia Code § 40-5-122, require all fleet and carrier owners to know the trucker’s incompetence or inexperience. The carrier or employer must conduct a comprehensive background check, including motor vehicle records, and talk with previous employers. If the carrier discovers a mishap that was not included in the driver’s record, the carrier is duty-obligated to review the accuracy of the driver’s account.
If the carrier knows about the driver’s inexperience and specific incidents, they are obligated to train them. If they allow them to get behind the wheel and result in a crash, the carrier may be subject to negligent entrustment laws.
Inspection Laws
Record-keeping of annual vehicle inspections is another prerequisite for all commercial vehicles in Georgia. Vehicle components to inspect include the following:
- Steering columns
- Windshield wipers
- Brakes
- Tires
- Wheels and rims
- Lights/reflectors
- Windshield glazing
- Vacuum systems
Insurance Coverage Laws
The FMCSA mandates truckers who operate interstate commercial vehicles weighing more than 10,000 pounds or transporting large quantities of hazardous materials to carry an insurance policy of between $750,000 and $5,000,000. If the trucker transports non-hazardous materials weighing under 10,001 pounds, they must carry $300,000 in insurance coverage.
Intrastate carriers in Georgia are required to take up a minimum policy limit of $100,000 per individual and $300,000 per crash. Since the minimum policy amount is rarely adequate to cover severe accidents related to Georgia truck accidents, most commercial motor vehicle companies take up to $1 million in liability coverage.
Drug Testing of Drivers
In most trucking wrecks, alcohol or drugs are contributory factors. Federal laws about drug and alcohol testing have been taken up and implemented by the DOT in Georgia. It mandates that trucking companies test their commercial vehicle drivers responsible for safety-sensitive tasks. Some of the drugs the DOT tests for include:
- Cocaine
- Marijuana
- Phencyclidine
- Opiates
- Methamphetamines and amphetamines
- BAC of 0.02 or more
Per FMCSA rules, trucking companies must carry out drug tests in a broad range of scenarios, including:
- New drivers
- Random intervals
- Fatal crashes
- In any situation where the trucker is believed to be under the influence of alcohol or drugs
- The accident caused significant property damage, and the trucker was cited
- Before a trucker who tested positive gets back to work
Statute of Limitations for Filing Truck Accidents
If you have been involved in a trucking accident in Georgia, the statute of limitations for filing a lawsuit is two years from the date of the accident. Don’t wait too long to file your case since the courts may likely dismiss it if the two-year deadline has already passed. At Fry | Goehring, our skilled Georgia truck accident attorneys can help you file your claim within deadlines as you focus on getting better.
Common Trucking Law Violations That Are Contributing Factors in Truck Accidents
Common trucking violations that may contribute to deadly trucking wrecks include:
- Driver goes above hours of service parameters
- No documentation of yearly vehicle inspection
- The operator didn’t preserve driver records
- Truck not equipped with lights, required brakes, or reflectors
- Driver does not have a medical exam certificate
- Failure to produce daily inspection reports
- Distracted driving
- Drugged driving
- Poorly trained or inexperienced drivers
Contact Fry | Goehring for Experienced Representation You Can Trust After a Truck Accident
18-wheelers can be scary on the road. Brake failure or one wrong turn can lead to devastating damages and massive fatalities. Most truck accident victims never truly recover and are left dealing with lasting medical conditions and mounting medical bills. It’s vital that you know the truck accident laws in Georgia in order to protect yourself and hold the responsible parties accountable for their negligent actions.
If you were involved in an accident with an intrastate or interstate semi-truck and you believe the truck driver or trucking company is to blame, contact our seasoned truck accident attorneys immediately. At our truck accident law firm in Georgia, we are conversant with Georgia truck accident laws and have helped many accident victims and family members across Georgia recover compensation for their injuries.
We are confident in our representation and provide our legal services on a contingency fee plan. During your free consultation, we will discuss the nuances of intrastate and interstate truck accident laws in Georgia. Call us now at 404-969-1284 or contact us online today for a complimentary case evaluation. Let us help you get your life back.
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