Wrongful Death and Trucking Accidents in Georgia: Legal Rights for Families
Losing a loved one is devastating under any circumstance, but when their death is caused by a preventable crash involving a commercial truck, the pain can be compounded by frustration, anger, and unanswered questions.
In Georgia, families of victims have legal options under the state’s wrongful death statutes, but pursuing a wrongful death trucking accident requires swift action and skilled legal support.
At Butler Prather LLP, we’ve been helping Georgia families deal with the legal aftermath of deadly truck crashes for over three decades. We understand the emotional and financial toll these cases take, and we know how to uncover the full truth no matter how complex the situation.
Understanding Wrongful Death Law in Georgia
A wrongful death claim in Georgia arises when a person is killed due to another party’s negligent or intentional conduct. In trucking cases, this usually involves:
- A negligent truck driver
- A trucking company’s failure to follow safety protocols
- Equipment failures due to poor maintenance
- Negligent hiring of unsafe drivers
- Inadequate driver training practices
The law allows surviving family members or the estate of the deceased to bring a lawsuit seeking compensation for both the full value of the person’s life and related economic losses.
Why Trucking Accidents Are Different
Not all auto accidents are equal. A big rig accident wrongful death claim involves a number of factors that set it apart from a typical car crash. This may include:
- The size and weight of commercial vehicles, which cause more catastrophic injuries
- Multiple parties involved, including truck drivers, employers, freight companies, maintenance providers, and manufacturers
- Strict federal and state regulations that govern the trucking industry
- Commercial vehicle liability policies that often exceed $1 million
What Causes of Fatal Trucking Accidents?
In our experience handling these cases, the most frequent causes of fatal trucking accidents include:
- Driver fatigue from violating hours-of-service regulations
- Distracted driving, including texting or using in-cab devices
- Speeding
- Illegal lane changes
- Improperly secured cargo
- Brake failure
- Mechanical defects
- Inadequate driver training
- Drivers with poor safety records
Preserving Evidence Right Away
One of the most critical aspects of a wrongful rucking accident claim is preserving evidence before it’s altered or destroyed. Trucking companies often have legal teams and insurance adjusters on the scene within hours of a crash.
That’s why families need an attorney who can:
- Send spoliation letters to preserve logbooks, black box data, and maintenance records
- Obtain surveillance footage and witness statements
- Analyze electronic logging device (ELD) and GPS data
- Secure driver qualification files, drug test results, and delivery records
- Inspect the vehicle before it’s repaired or sold
More Than One Party Could Be Liable
Unlike a typical two-vehicle collision, trucking cases often involve multiple liable parties, which can include:
- The driver: for careless or unlawful behavior
- The trucking company: for hiring, supervision, or policy failures
- A shipping company: if the load was improperly packed
- A maintenance provider: for ignoring known defects
- The truck manufacturer: if defective equipment contributed to the crash
Types of Damages in a Wrongful Death Trucking Case
Under Georgia law, two main types of claims may be filed after a fatal truck crash: wrongful death claims and estate claims. They may be filed concurrently, and an experienced Columbus wrongful death attorney can help determine the proper legal strategy based on your situation.
Wrongful Death Claim
This claim is filed by surviving family members (typically a spouse, children, or parents) and seeks damages for:
- Lost wages and benefits the deceased would have earned
- Loss of companionship, care, and guidance
- Emotional pain and suffering
Estate Claim
This claim is filed by the estate of the deceased and covers:
- Medical bills related to the injury
- Funeral and burial expenses
- Conscious pain and suffering experienced before death
Do You Need a Lawyer for a Fatal Truck Crash Lawsuit in Georgia?
Absolutely. These cases require more than just filling out paperwork. Trucking companies and insurers are quick to defend themselves and limit liability, often offering early settlements that undervalue your loss.
Here’s how Butler Prather LLP helps our clients:
- Conducting full-scale investigations with accident reconstruction experts
- Preserving and analyzing evidence before it’s lost
- Negotiating aggressively with insurers and defense attorneys
- Pursuing full compensation in and out of court
- Trying cases before a jury when necessary
Our firm has successfully handled some of the most complex and high-value wrongful death cases in Georgia. We don’t back down from big companies, and we won’t settle for less than our clients deserve.
Why Choose Butler Prather LLP?
Butler Prather LLP has been helping Georgia families for over 35 years. We’re not a high-volume settlement firm. We’re trial lawyers with a national reputation for securing record-setting verdicts and holding powerful defendants accountable.
Our credentials include:
- Over $1 billion recovered for clients
- Verdicts ranked among the largest in U.S. legal history
- Recognition by Super Lawyers and the American Board of Trial Advocates
- Decades of wrongful death and trucking litigation experience
Speak to a Columbus, GA, Wrongful Death Attorney Today
If you’ve lost a loved one in a big rig accident, you deserve answers. Time is critical in these cases, and evidence must be preserved quickly to build a strong case. Call Butler Prather LLP today at (706) 322-1990 to schedule a free consultation—let us focus on justice while you focus on healing.