Georgia Law Blog

I consider myself a personal injury and workers' compensation trial lawyer. I practice law in Douglasville, Georgia which is small but growing area. The population of Douglas County reached nearly 120,000 people in 2006. We are on the outskirts of Atlanta located twenty minutes due west of Downtown, Atlanta. The Metro Atlanta Area is said to have population base in excess of 5,000,000. I handle cases in which my clients have been injured. For the most part, my practice consists of car accident collision cases, big rig accidents, and workers' compensation cases. The injuries my clients suffer run the spectrum. Some of my clients sustain what is commonly referred to as whiplash while others suffer severe brain injuries, amputations, spinal cord injuries, and even death.

I have found that trial lawyers share common traits, whether they be in Douglas County, Atlanta, Los Angeles, or New York. Trial lawyers make sure that the powerless in America can stand up to insurance companies and corporations in court. We ensure that hard working working class families and injured workers are able to obtain redress for their injuries. Most often, this is accomplished through the contingency fee which is a marvel of the American justice system. Many of my clients could not afford an attorney on a retainer or hourly basis to aggressively pursue their injury case. It is interesting to note that contingency fees are not allowed in most countries, including most European nations.

Until only recently has the term trial lawyer become politicized. Even though the legal system has been compensating injury victims for hundreds, if not thousands of years, it is not until recently that there has been much talk of trial lawyers and tort reform. Somewhere in the fray, many forget that one of the oldest and most basic ways to redress physical injury is by making the wrongdoer pay money. Indeed, it is the only form of "fix" the law can offer for all intents and purposes. I remind juries all the time how making one party pay another money is all the law can do. The payment of money is an inherent but necessary shortcoming, for the law cannot restore good health or take away pain and agony. Perhaps the critics should keep this simple truth in mind. How much would I have to pay you to break your arm, give you a severe head injury, or snap your spinal cord rendering you a quadriplegic? I think you get the point.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Car Accidents , Litigation, Hearings, & Trials , Truck Accidents

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Obviously, getting into a wreck with an 18-wheeler can be much more serious than getting into a collision with another automobile. Beyond the obvious difference in size, tractor trailer cases should be handled in a special manner. While many of the aspects of handling these claims and trial preparation is the same, there are many new options associated with truck cases. 

First, what are some of the primary differences between it comes to another automobile causing the accident or a large truck? The term large truck is meant to include 18-wheeled big rig trucks that can weigh up to 80,000 pounds fully loaded.  If these trucks weigh over 80,000 pounds, they must be driven as “oversized” in accordance with additional laws and regulations. 

Typically, these vehicles are called tractor trailers, eighteen-wheelers, big rigs, and semi trucks, and semis. Another category of smaller, yet often equally dangerous trucks, are trucks that have fewer than eighteen wheels, yet are larger than ordinary pick up trucks. These trucks can come in many shapes and sizes and include box trucks, small flat bed trucks, refrigerated trucks, and cargo trucks.

In Georgia, there is a law in the books called the Direct Action Statue at O.C.G.A. § 46-1-1, et. seq. This law allows for an injured party to sue not only the individual truck driver and his or her employer but also the insurance companies that insured the company and the driver of the truck. Although, there are many complicated definitions as to what types of trucks are included under the Direct Action Statue, this issue should be addressed early-on.  In a recent case, I filed a lawsuit under the Direct Action Statue naming two separate insurance companies. In that case, there was a narrow exception under the Direct Action Statue that states that a truck and company that uses truck to exclusively hall its own products (i.e. a truck that is not “for hire”) does not fall under the Direct Action Statue.

In my opinion, there is an even more important set of rules than Georgia’s Direct Action Statute.  Congress has passed laws governing trucking safety.  Many of these laws are found at 49 U.S.C.S. 30100.  There are additional rules regulating truck safety that fall under the Federal Motor Carrier Safety Administration and are found in the Code of Federal Regulations in a section referrer to as Federal Motor Carrier Safety Regulations.  These rules can be found here. 

There are good trucking companies and bad trucking companies. Some trucking companies seem to have a policy problem of putting profit ahead of safety. Congress has passed certain laws related to the trucking industry for the safety of the general public. Often during the course of a case, it is discovered that the trucking companies and or the driver in a particular case has violated one or several safety regulations.  There is a broad list of laws and regulations that can be violated.  Here is a list of common issues and violations that arise in tractor trailer cases: violations of hours of service regulations & rest periods by drivers, log book violations, unqualified drivers, safety inspection violations, unlicenced commercial drivers, drivers bad driving records, drug and alcohol use while operating a tractor trailer, and exhaustion while behind the wheel of an eighteen wheeler.

    It is essential in trucking cases that an injured party gets to a attorney as soon as possible. Insurance companies and trucking companies often hire highly regarded experts and private investigators to go out to the scene of the wreck as soon as it happens.  Injured parties should also employee these experts.  One such reputable company is Southeast Collision Analysis  eaded by Julian R. “Bucky” Beaver.  The point is that valuable evidence can be lost and witness statements can be taken long before an injured party has a chance to conduct an investigation.  I encourage you to consult with us or another qualified law firm, sooner rather than later, if you find yourself involved in a wreck with a large truck.

Posted by Jack E. Clay | Permalink | Email This Post | Comments (0)

Posted In: Truck Accidents

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