Hours of Service Violations in Atlanta Truck Accidents: Understanding Your Legal Rights

When commercial truck drivers exceed federal hours of service regulations, the consequences can be devastating for other motorists on Georgia's highways. These violations occur when truckers drive beyond the mandated 11-hour daily driving limit or surpass the 70-hour eight-day limit, often due to pressure from trucking companies to meet tight delivery deadlines. Driver fatigue from HOS violations significantly increases the risk of serious accidents, as reaction times slow and decision-making abilities become impaired. In Atlanta's congested corridors like I-285 and I-75, an exhausted truck driver poses particular dangers during peak traffic hours. These violations often intersect with other safety issues, such as falsified logbooks, improper vehicle maintenance, or aggressive driving behaviors. When HOS violations contribute to an accident, victims may have grounds for legal action against both the driver and the trucking company, potentially leading to claims for medical expenses, lost wages, and other damages.

Legal Rights and Considerations - Georgia operates under a modified comparative negligence system, where victims can recover damages if they are less than 50% at fault for the accident. The state's two-year statute of limitations for personal injury claims begins from the date of the accident. Trucking companies typically carry commercial liability insurance with minimum coverage of $750,000 to $1,000,000, though higher limits may apply for hazardous materials transport. Victims may pursue compensation for medical expenses, lost income, pain and suffering, and property damage. In cases involving egregious HOS violations, punitive damages may be available. Interstate trucking operations must also comply with Federal Motor Carrier Safety Administration (FMCSA) regulations, which can strengthen a victim's claim if violations are documented. An experienced Atlanta commercial truck accident lawyer will help with the legal claim.

Types of truck accidents in Atlanta include:

 

Related Resources: Local Courts:

  • State Court of Fulton County
  • Superior Court of Fulton County
  • DeKalb County State Court

Support Services:

  • Brain and Spinal Cord Injury Trust Fund (Georgia)
  • Georgia Crime Victims Compensation Program
  • Shepherd Center (Specialized rehabilitation facility)

Regulatory Resources:

  • Georgia Department of Public Safety Commercial Vehicle Enforcement
  • FMCSA Hours of Service Regulations
  • Georgia Department of Transportation Safety Rules
  • Georgia Commercial Drivers Manual

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