Elder pedestrian suffers fatal injury after being hit by a garbage truck in Georgia.    

Georgia – February 16, 2022

A Douglasville Georgia garbage truck driver accused of hitting a man resulting in fatal injury has been arrested according to Atlanta law enforcement.  He is facing charges of second-degree vehicular homicide and failure to yield when entering the roadway.  The crash occurred in the 2200 block of Campbellton Road on February 14 and a  70-year-old man  was found to have suffered fatal injury at the scene according to first responders.  The private trash company driver stayed on scene and spoke with investigators following the crash.

Truck size impacts damage and injury.

The size of a large truck may result in increased property damages and serious injuries due to its heavy weight, compromised braking distance in emergent conditions and limited maneuverability in certain traffic situations.  The escalated level of injury and property damage leads to larger insurance and court settlements. The United States Department of Transportation Traffic Safety Administration estimates over 500,000 truck accidents every year. Commercial truck drivers have restrictions imposed on their drivers because the vehicles already pose a danger to passenger cars, cyclists, and pedestrian on roadways, due to their size, braking distance, and types of load they carry.  A Georgia truck accident attorney can assist accident victims, or surviving loved ones in the case of fatal injury.  They can communicate with insurance companies to request timely access to funds that will pay for funeral and burial expenses and work with legal teams toward wrongful death damage compensation to address a family’s losses.

Insurance.

Georgia follows a “modified comparative negligence” rule when both parties are found to share blame for an accident, based on the 50% rule where a victim cannot recover compensation if they are 50% or more at fault from the accident. A claim must be filed within two years from the date of the accident in most cases, but guidance from a Georgia lawyer is recommended as there are variations, based on the other driver and damages.

Commercial driver restrictions.

Georgia driver restrictions for trucks carrying property cargo are limited to maximum hours driven; minimum hours off duty; and required rest breaks.  49 CFR 397.5 mandatory “in attendance” time may be included in break if no other duties performed.  Commercial motor vehicle drivers that are carrying people have more stringent restrictions.  Georgia laws follows federal guidelines for all commercial motor vehicles subject to regulations of the United States Department of Transportation, 49 C.F.R. part 387, subpart A, and truckers shall be insured in an amount equivalent to the minimum levels of financial responsibility as set forth in such regulations.”

Wrongful death.

A wrongful death legal action is a particular type of lawsuit that is brought by loved ones of someone who dies because of the negligent, reckless, or deliberate act of someone.  Damages in these lawsuits can include:

• Medical bills and burial expenses
• Compensation for lost wages
• Compensation for the pain and suffering
• Punitive damages that are intended to punish the person who caused the death, on a case-by-case analysis.

Damages.

The two types of damages that victims can sue for include:

1) compensatory damages which are those damages causing economic (loss of wages, medical bills, and property damage) and non-economic loss to victim (pain and suffering); and

2) punitive damages meant to punish the persons being sued (Defendants).

Hire a lawyer.

Commercial truck accidents involve multiple complex factors that require specific knowledge of the commercial trucking industry, extensive experience in civil injury laws, and sophisticated investigative capabilities to collect evidence and analyze it to support a negligence claim.  Contact an experienced personal injury lawyer in Douglas Georgia as soon as possible if you have lost a loved one to a truck accident to ascertain necessary legal remedies.

The Foster Firm

One Crowne Center

1895 Phoenix Boulevard, Suite 110

College Park, GA  30349

Phone: 404-559-83225

Fax: 404-559-8335

Sources:

1. C.G.A. § 40-6-273
2. Garbage truck driver hits, kills Atlanta pedestrian: police | Macon Telegraph
3. https://www.fmcsa.dot.gov/regulations/title49/section/387.1
4. https://www.bts.gov/content/transportation-accidents-mode