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Truck Accident Lawyer in Rex, GA | T. Madden & Associates

A truck accident lawyer represents people hurt in crashes with semi-trucks, 18-wheelers and other commercial vehicles. These claims often reach past the driver to the trucking company and others. If you are looking for a truck accident lawyer, this page explains how these cases work in Georgia. T. Madden & Associates, P.C. has practiced since 1999 and has an office in Jonesboro, in Clayton County.

What a Truck Accident Lawyer Handles for Rex and Clayton County Crashes

A truck accident lawyer handles claims for people injured in collisions involving commercial trucks. These crashes happen on Georgia roads, including roads in Rex and across Clayton County.

Truck cases differ from ordinary car wrecks in several ways:

• Larger vehicles can cause more severe harm.
• The trucking company usually carries commercial insurance.
• Federal and state trucking rules may apply.
• More people and companies may be involved.

The claim usually belongs to the injured driver, passenger, pedestrian or other motorist. After a fatal crash, the claim may belong to surviving family members instead. Early on, the key question is often not whether someone was hurt, but who else contributed to the crash. That answer depends on the trucking company’s records, the driver’s work history and the condition of the truck.

Who Can Be Responsible After a Commercial Truck Crash

More than one party can be responsible after a truck crash, not only the driver. Under O.C.G.A. § 51-2-2, a person can be liable for torts committed by a servant within the scope of the person’s business. That rule is one way a trucking company may be held responsible for its driver’s negligence.

An employer can also be liable for a contractor’s negligence in listed situations. One example is when the employer keeps the right to direct or control the time and manner of the work (O.C.G.A. § 51-2-5).

Georgia also divides fault among everyone who contributed to an injury. Under O.C.G.A. § 51-12-33, the jury considers the fault of all persons who contributed. Each liable person’s share is its own liability, not a joint one.

Common causes in truck crashes include:

• Driver fatigue from long hours on the road
• Distracted or impaired driving
• Improper cargo loading
• Brake or tire failure
• Unsafe lane changes

Driving-time limits are one place investigators look. Under 49 C.F.R. § 395.3, a driver of a property-carrying commercial motor vehicle may not drive without first taking 10 consecutive hours off duty. Federal rules also set basic driver qualifications, including a minimum age of 21 (49 C.F.R. § 391.11).

What a Truck Accident Claim Can Cover

A truck accident claim can seek compensation for losses caused by the crash. Under O.C.G.A. § 51-12-2, general damages are presumed to flow from a wrongful act and need no proof of amount. Special damages actually flow from the act, and they must be proved.

Categories a claim may seek include:

• Medical bills, from emergency care to rehabilitation and prescriptions
• Lost wages and reduced ability to earn in the future
• Property damage to the vehicle and personal belongings
• Pain, suffering and emotional distress

When the entire injury is to a person’s peace, happiness or feelings, Georgia law leaves the measure of damages to impartial jurors (O.C.G.A. § 51-12-6). O.C.G.A. § 51-12-6 reads: “In a tort action in which the entire injury is to the peace, happiness, or feelings of the plaintiff, no measure of damages can be prescribed except the enlightened consciences of impartial jurors.”

Catastrophic injuries, such as spinal cord injury, traumatic brain injury or amputation, often mean long-term medical care and planning. The CMS recovery process explains how that works.

The surviving spouse or, if there is no surviving spouse, a child or children may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence (O.C.G.A. § 51-4-2). When death results from a crime or from criminal or other negligence, the personal representative of the deceased may recover funeral, medical and other necessary expenses (O.C.G.A. § 51-4-5).

These are categories a claim may seek. They are not amounts any case will produce.

How a Georgia Truck Accident Case Usually Moves Forward

Most truck cases move through five stages: intake, evidence, medical records, negotiation and, if needed, a lawsuit.

1. Intake. You describe the crash, your injuries and any insurance information you have. Our team reviews it confidentially.
2. Evidence. Trucking records do not last forever. Under 49 C.F.R. § 396.11, a motor carrier keeps driver inspection reports for three months, but these rules do not apply to a private motor carrier of passengers (nonbusiness), a driveaway-towaway operation, or any motor carrier operating only one commercial motor vehicle. Early requests can cover logs, maintenance records, dashcam footage and the police report. Under 49 C.F.R. § 396.11, every motor carrier must require its drivers to report, and every driver must prepare a written report at the completion of each day’s work on each vehicle operated. 49 C.F.R. § 396.11 reads: “Every motor carrier shall require its drivers to report, and every driver shall prepare a report in writing at the completion of each day’s work on each vehicle operated, except for intermodal equipment tendered by an intermodal equipment provider.” Post-accident drug and alcohol testing for commercial drivers is described by the Federal Motor Carrier Safety Administration.
3. Medical documentation. Treatment records help connect your injuries to the crash.
4. Negotiation. The claim is presented to the trucking company’s insurer.
5. Lawsuit, if needed. If a fair resolution is not reached, the case may be filed in court. That can extend the timeline.

Georgia generally requires a personal injury lawsuit within two years after the claim accrues (O.C.G.A. § 9-3-33). The deadline for your case depends on the facts.

Why Injured Clients in Clayton County Work With T. Madden & Associates, P.C.

T. Madden & Associates, P.C. is a Georgia personal injury firm led by Terance Madden, in practice since 1999. The firm’s lawyers include Terance Madden and Shenia Madden. Our team also includes assistants and office staff.

The firm has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta. The Jonesboro office serves clients in Clayton County.

The firm also handles car accidents, motorcycle and e-bike crashes, slip and fall injuries, medical malpractice, nursing home abuse, negligent security and wrongful death.

The firm works on a no-fee-unless-we-win basis, but you may still be responsible for court costs and case expenses. The first consultation is free, confidential and carries no obligation to continue.

Common Questions About Truck Accident Claims in Georgia

Talk With a Clayton County Truck Accident Lawyer About Your Crash

You may be reading this while you recover from a crash. You may also be worried about a family member who was hurt or killed in one. You do not need every record or answer before you reach out. Our team can start with what you already know. Start a free case evaluation with T. Madden & Associates, P.C. Our phone line is available 24/7.

Responsible lawyer: Terance Madden, T. Madden & Associates, P.C., Jonesboro office, Clayton County, Georgia. Contact: tmaddenlaw.com/contact. This page gives general information, not legal advice about your case.