Atlanta Truck Accident Lawyers: Conspicuity Violations

Truck accidents have some of the highest rates of serious injury and death of any type of auto accident. This is because the added weight and size of a loaded cargo vehicle creates a stronger mechanism of injury that a smaller, lighter passenger vehicle. Trucks are, in fact, so dangerous that many federal regulations have been enacted to regulate the operation of these dangerous vehicles. Victims who are injured in truck accidents often suffer long-term (or even permanent) injuries. Some are even killed in these serious accidents.

Because the consequences of a truck accident can be so severe and devastating, it is important for truck accident victims and surviving family members to have the legal advice of a seasoned Atlanta truck accident attorney. Slappey & Sadd employs experienced, aggressive personal injury attorneys. Our lawyers hold negligent parties accountable for the injuries and losses their conduct causes. If you or a loved one has been injured in a truck accident, it is important that your legal rights be protected by a skilled personal injury attorney. Slappey & Sadd will help you access compensation for all the financial, physical and emotional losses you have suffered as the result of a truck accident.

The Code of Federal Regulations has many provisions that enhance the visibility of commercial vehicles (such as trucks). The following are some of the most common provisions carriers must meet in order for their vehicles to be conspicuous:

• Lamps and reflective devices (49 CFR §393.11)
• Hazard warning signals (49 CFR §393.19)
• Horns (49 CFR §393.81)
• Requirements for reflectors (49 CFR §393.26)

Together, these and other federal regulations constitute the “conspicuity requirements”. All commercial vehicles that cross state lines must meet these requirements. If they do not, their owners and operators can face fines and administrative penalties for infractions, and civil liability for injuries caused by these violations.

The federal regulations are limited in authority. They can only provide fines and administrative penalties (such as suspension of driving privileges or a carrier’s right to operate commercial vehicles). Because of this, it is important for victims to assert their rights in the criminal and civil courts of Georgia. Some driving behaviors are so egregious that they carry criminal penalties. Drunk driving, impaired driving, and reckless driving are all crimes under Georgia’s penal code. Victims of these crimes (such as truck accident victims) have legal rights under the Victims’ Bill of Rights.

Of course, driving behavior can be dangerous even when it is not criminal. This is known as negligence. Negligence is the failure to act as the reasonably prudent person would in similar circumstances. A truck driver must, therefore, operate his or her vehicle with due care in order to meet this legal obligation. Failure to do so can result in financial liability for all the physical, emotional, and financial harm suffered by an accident victim as a result of the truck driver’s negligence. And because employers are generally liable for negligence committed by their employees, the truck’s owner or operator may also be liable for these losses.

Commercial transportation carriers are subject to higher minimum insurance standards for this reason. The Federal Motor Carrier Safety Administration reports that minimum insurance requirements are $1.5 million for vehicles with 15 or fewer passengers and $5 million for vehicles that carry more than 15 passengers. These high amounts reflect the severe amount of damage that can be caused by a negligent operator of a large commercial vehicle.

Civil lawsuits brought by truck accident victims have an important deterrent effect. By holding transportation carriers and individual drivers accountable for the financial consequences of negligent driving, the victim is promoting safety in other drivers. Lawsuits are costly. In addition to attorney’s fees and court costs, carriers must often may increased premiums after a claim has been paid. This sends a message to other commercial drivers and carriers: that they, too, will face financial consequences if their drivers negligently injure other road users.

At Slappey & Sadd, our attorneys believe that it is important to hold negligent drivers and carriers accountable for the damage they cause. This is the only way to promote safety in the commercial transportation industry. In this manner, the roads of Georgia are made safer for all road users. Accountability is also a necessary part of protecting an injury victim’s individual legal rights.

All victims of negligence have the legal right to be compensated by the defendant for all losses that the defendant caused. This includes medical bills, lost wages, projected future medical expenses, any decrease in future earning potential, pain and suffering, loss of enjoyment of life, and any other loss that can be connected to the defendant’s negligence. An experienced truck accident attorney will be able to help a victim identify all the many different losses he or she has suffered as the result of a truck accident. More importantly, an attorney will be able to advise the victim about the fairness of a settlement offer, and when it is time to file a lawsuit in order to let a jury determine the amount of compensation that fully and fairly compensate the victim for all the losses he or she has sustained.

Truck accident victims are legally entitled to receive full and fair compensation for their injuries. Without the advice of an experienced Georgia truck accident attorney, victims may be pressured into accepting low settlement offers from an adverse insurance company. These unfair settlement offers often do not account for all the many losses that have been suffered, and they usually will not fully compensate those losses that are accounted for. The experienced truck accident attorneys at Slappey & Sadd have decades of knowledge and experience. They have helped auto accident victims across Georgia access fair compensation for their injuries. Don’t fight the insurance company alone - get the protection of an experienced attorney who is fighting for you. Call 888.474.9616 to schedule your free consultation today.