Under Georgia law, a “truck” is defined to be any vehicle having 6 or more wheels. If a truck is operated “for hire,” and for the purpose of transporting cargo in intra-state or inter-state commerce, that truck is considered to be a “commercial truck.” State law does, however, exempt buses and motorcoaches (e.g. commercial buses and recreational vehicles) from this classification.
Are there separate traffic laws for cars and trucks in Atlanta?
In general, the driver of any motor vehicle that is operated on a public highway in the State of Georgia is required to obey the “Uniform Rules of the Road” as set forth in Title 40 of the Georgia Code. Due to the size and weight of trucks, truck drivers are expected to fully comply with additional regulations imposed by the state and federal Departments of Transportation as well as any local laws regarding such things as speed limits or maximum allowed vehicle weight restrictions. There is, however, one “special” law that applies only to trucks operating in the Atlanta area.
Both Georgia law and Department of Transportation regulations state that a commercial truck cannot be legally operated inside the I-285 perimeter except under certain circumstances that are defined by state law.
These circumstances are:
Picking up or delivering cargo from a shipper that is located inside the perimeter;
Going to, or from, the carrier’s terminal facilities if those facilities are located inside I-285;
Going to, or from, a repair facility for service if that facility is located inside I-285;
A driver going to, or from, his or her residence if that residence located within the I-285 perimeter.
If a truck driver was operating his or her truck inside the I-285 Perimeter and cannot prove that at least one of above circumstances was the case at the time an accident occurred, the truck driver has violated state law. In Georgia, the fact that state law was violated is enough to establish negligenceper se.
Negligenceper se (“of itself”) is the legal doctrine which holds that the performance of any act that is prohibited by law is all that is needed as proof of negligence. In the context of a truck that is involved in an accident inside the I-285 Perimeter, and the driver cannot prove one of the exemptions established by law, that driver is automatically presumed to have been negligent in the accident.
Damages after Georgia truck accidents
In law, damages refer to the compensation that you are entitled to receive after an accident. Damages are usually classified as eithereconomic ornon-economic.
Economic damages are those to which a “dollar value” can be assigned. In a truck accident, economic damages may include the cost of repairing or replacing a personal vehicle damaged in the accident, wages or other income that was lost due to inability to work because of your injuries, and the cost of medical treatment for your injuries as well as the anticipated cost of future treatment.
Non-economic damages are those that cannot be measured in terms of dollars and cents. These injuries can include “pain and suffering” due to your accident, loss of your ability to participate in routine family activities, and the psychological trauma related to the accident. In accidents that result in a catastrophic injury or death, damages usually include the loss of companionship to a spouse and/or family or the value of any future earnings that could be anticipated based on current employment or education leading to future employment.
Why You Need the Truck Accident Injury Lawyer at the Doan Law Firm
If you have been injured in a truck accident, you may not be aware that any settlement you may be offered by the trucking company’s insurance carrier is usually not all the compensation that you deserve for your injuries and other losses. In fact, some insurance claim adjusters will try to convince you that “You don’t need a lawyer” because their offer is “fair.”
When you contact The Doan Law Firm at (678) 855-0000, you will benefit from our years of experience in dealing with truck accident injury cases and we will work to ensure that you receive the best in legal representation in connection with your truck accident injury lawsuit. We are familiar with all the “tricks of the trade” that insurance companies will attempt to use against you as they try to limit the amount of your truck accident settlement, and we will guide you throughout any legal proceedings that are necessary to ensure that you will receive all the compensation to which you are entitled.