Truck Accident Lawyers

Truck accident cases are far more complex than car accidents. They involve federal FMCSA regulations, multiple potentially liable parties (driver, trucking company, cargo loader, maintenance provider), larger insurance policies ($750,000 to $5 million minimum), electronic logging device (ELD) data, and aggressive corporate defense teams. The severity of injuries is typically much greater due to the massive size and weight difference between commercial trucks and passenger vehicles.

Multiple parties may share liability: the truck driver (for negligence, fatigue, or impairment), the trucking company (for negligent hiring, training, or supervision), the cargo loading company (for improperly secured loads), the maintenance provider (for brake or tire failures), the truck or parts manufacturer (for defective components), and even the shipper (for pressuring unrealistic delivery schedules). Our attorneys investigate all potential sources of liability and insurance coverage.

In Georgia, you have 2 years from the date of the accident to file a personal injury claim (O.C.G.A. § 9-3-33). In South Carolina, the deadline is 3 years (S.C. Code § 15-3-530). However, acting quickly is critical in truck accident cases because trucking companies may only be required to retain electronic logging data for 6 months and other records may be destroyed if a litigation hold is not issued promptly.

Critical evidence includes: the truck driver's electronic logging device (ELD) records showing hours of service, the driver's qualification file and employment history, drug and alcohol test results, the truck's maintenance and inspection records, the event data recorder (black box) data, cargo manifests and weight tickets, dashcam or surveillance footage, and the trucking company's safety rating and prior violations from the FMCSA SAFER database.

Federal hours-of-service (HOS) regulations limit how long commercial truck drivers can operate. Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty, cannot drive beyond the 14th consecutive hour after coming on duty, and must take a 30-minute break after 8 cumulative hours of driving. Violations of these rules — often caused by pressure from dispatchers to meet delivery deadlines — are a leading cause of fatigued driving accidents.

Truck accident cases typically involve significantly higher compensation than car accidents due to the severity of injuries and the larger insurance policies carried by commercial carriers (federal law requires a minimum of $750,000 in liability coverage). Our firm has recovered multi-million dollar settlements and verdicts in truck accident cases. The value depends on medical expenses, lost income, permanent disability, pain and suffering, and the degree of the trucking company's negligence.

Nothing up front. Roden Law handles truck accident cases on a contingency fee: our fee is a percentage of the recovery we obtain for you. The consultation is free, and fees and costs are paid only from a recovery: if there is no recovery, you owe no fees and no costs.

No. Trucking companies and their insurers often make early settlement offers before you understand the full extent of your injuries, specifically to limit their exposure. These initial offers are almost always far below the true value of your claim. Our attorneys will not recommend a settlement until you have reached maximum medical improvement and we have fully evaluated all current and future damages, including long-term care needs.

Trucking companies sometimes classify drivers as independent contractors to avoid liability. However, courts in Georgia and South Carolina apply tests that look at the actual level of control the company exercises over the driver — including setting routes, schedules, and work requirements. Even if a driver is classified as a contractor, the trucking company may still be held vicariously liable. Our attorneys investigate the true employment relationship.

An underride accident occurs when a smaller vehicle slides beneath the trailer of a commercial truck, often shearing off the roof of the passenger vehicle. These are among the most deadly types of truck accidents. Federal regulations require rear underride guards on trailers, but side underride guards are not yet mandated. If an underride guard was missing, improperly maintained, or failed on impact, the trucking company or manufacturer may bear additional liability.

While most truck accident cases settle before trial, our attorneys prepare every case as if it will go to court. Trucking companies and their insurers are more likely to offer fair settlements when they know the opposing attorneys have trial experience and are willing to take the case before a jury. If a fair settlement cannot be reached, we are fully prepared to litigate your case to verdict.