Truck Accident Death Attorney in Atlanta, GA

In Need of a Truck Accident Wrongful Death Lawyer?

At Wrongful Death Krause Law Firm, we are dedicated to seeking justice for Georgia families who have lost loved ones due to negligence. Unlike general personal injury firms, we focus exclusively on wrongful death cases, ensuring that every client receives the highest attention, strategy, and legal resources. Our boutique approach allows us to handle each case with precision and compassion, guiding grieving families through Georgia’s legal system while fighting for the accountability they deserve.

Led by Atlanta wrongful death attorney Roger Krause, our firm is built on a foundation of relentless advocacy and proven results. We understand that wrongful death cases are not just about financial recovery—they are about honoring your loved one’s memory and demanding justice.

Because of our focus, we understand truck-related wrongful death cases are particularly complex. They often involve commercial trucking companies, semi-trucks, delivery vehicles, and corporate insurers who aggressively defend against claims. We are prepared to take on these challenges to ensure your family receives the full compensation you deserve.

If your loved one’s death was caused by a negligent truck driver, a poorly maintained commercial vehicle, or a company that failed to follow federal trucking regulations, we are here to fight for the compensation and closure your family needs.

Choosing Wrongful Death Krause Law Firm means partnering with a team that will stand by you every step of the way. We offer a free consultation to help you understand your legal options without financial risk. Contact us today to begin the path toward justice.

Truck accident

What are the Most Common Causes of Truck Accidents in Atlanta, Georgia

Given the massive size and weight of commercial trucks, collisions often result in severe injuries or fatalities. When families come to us seeking answers about a loved one’s death, we conduct a comprehensive investigation to uncover the truth.

This includes analyzing police reports, accident records, and other critical documentation to piece together what happened. Using our extensive research and legal experience, we determine whether negligence—whether by the truck driver, trucking company, or other parties—played a role in the fatal incident.

The most common causes of fatal truck crashes in Atlanta include, but are not limited to:

  • Driver Fatigue and Hours-of-Service Violations

Truck drivers often face tight delivery deadlines, pushing them to drive long hours with little rest. Federal regulations limit how many hours truckers can drive before taking a break, but some violate these rules to meet unrealistic schedules. Fatigue slows reaction times and impairs judgment, increasing the risk of deadly crashes.

  • Distracted Driving

Commercial drivers are just as susceptible to distractions as anyone else. Texting, GPS use, eating, or adjusting in-cab controls can distract drivers from the road, often leading to catastrophic collisions.

  • Speeding and Reckless Driving

Large trucks require longer stopping distances than passenger vehicles, making speeding especially dangerous. Some trucking companies pressure drivers to meet tight delivery schedules, encouraging reckless behaviors like speeding, tailgating, and aggressive lane changes—all of which can lead to devastating crashes.

  • Poor Truck Maintenance

Trucking companies are legally required to maintain their fleets, but some cut corners to save time and money. When brakes fail, tires blow out, or steering systems malfunction, a truck driver may lose control, putting everyone nearby at risk.

  • Unsecured or Overloaded Cargo

Improperly loaded cargo can shift during transit, causing a truck to become unstable or overturn. In other cases, excess weight puts too much strain on brakes and tires, increasing the likelihood of mechanical failure. Federal regulations dictate safe loading practices, but when trucking companies ignore these rules, innocent lives are jeopardized.

  • Impaired Driving (Alcohol & Drug Use)

Some truck drivers turn to stimulants or other substances to stay awake on long hauls, while others engage in reckless behavior involving alcohol or illegal drugs. Impaired driving reduces reaction time and decision-making ability, making a fully loaded truck an even more significant hazard on Atlanta’s roadways.

  • Poor Road or Weather Conditions

Atlanta drivers know how unpredictable weather and road conditions can be, but truck drivers must adjust accordingly. Failing to slow down in heavy rain, maneuver safely through construction zones, or account for traffic congestion can lead to preventable fatalities.

At Wrongful Death Krause Law Firm, we fight for families who have lost loved ones due to trucking industry negligence. If a truck crash took someone you love, let us help you seek justice. Contact us today for a free consultation.

Litigating Truck Accident Wrongful Death Cases in Atlanta, Georgia

When a commercial truck driver’s negligence results in a fatal crash, the trucking company may also be held responsible—especially if the driver acted within the scope of employment at the time of the incident. At Wrongful Death Krause Law Firm, we understand the high stakes of these cases and act swiftly to protect our clients’ rights. Trucking companies and insurers move quickly to defend themselves, often working to limit liability and minimize payouts to grieving families. That is why our team is committed to gathering and preserving critical evidence as soon as we take on a wrongful death case.

Our approach includes conducting in-depth investigations to determine whether the trucking company and its driver complied with all federal and state safety regulations. This involves interviewing witnesses, analyzing key records, and consulting with industry experts to establish how negligence contributed to the fatal crash. We know that trucking companies have extensive legal resources, so we work aggressively and efficiently to ensure our clients’ interests are fully represented.

To build a compelling case, we review a wide range of evidence that may reveal negligence by the truck driver, the trucking company, or both.

Some of the most critical records we examine include:

  • Crash reports and police records to establish initial findings and identify violations.
  • Driver logbooks to determine whether the driver followed federal hours-of-service regulations or was operating under fatigue.
  • Witness statements from bystanders, other drivers, and first responders.
  • Truck maintenance reports to identify failures in routine inspections or necessary repairs.
  • Company safety policies and hiring records to assess whether poor training, inadequate oversight, or negligent hiring practices played a role in the crash.

At Wrongful Death Krause Law Firm, we leave no stone unturned in our pursuit of justice for grieving families. If your loved one was killed in a truck-related wrongful death case, we are prepared to take on powerful trucking companies and their insurers to secure the compensation and accountability your family deserves.

Understanding the Special Issues in Georgia Truck Collisions That Result in Wrongful Death

According to the U.S. Department of Transportation and the National Highway Traffic Safety Administration, approximately 42,000 people die each year due to traffic-related accidents.

One of the problems in these cases is how to recover the full value of life. This is because most drivers only can afford liability insurance of $25,000. While, on one hand, $25,000 is a great deal of money, it’s a certainty that $25,000 is not going to compensate a family that has lost a father, mother, husband, sister, brother, daughter or son.

Good lawyers look toward other sources of recovery. For example, if a defendant was driving for a company at the time of the collision, the defendant’s employer can be held responsible under the doctrine of res superior. In DUI-caused collisions, the plaintiff may file suit against the bar that served the driver under Georgia’s Dram Shop Act, O.C.G.A. § 51-1-40.

Atlanta Truck Accident Wrongful Death Attorney 

A Different Approach 

As one of Georgia’s only firms focusing on wrongful death, our approach to truck collisions differs.

How different? 

Most people believe that the key defendant—the person you seek to hold responsible—is the driver.

While the driver is certainly at issue, we believe the key defendant is not the driver. Instead, the key defendant is the trucking company itself.

The truck company owes a duty to the public to ensure that the trucks it puts on the public roads are safe.  Yet, this duty, imposed by juries, is opposite to what the trucking company wants to do; it wants to save money and deliver the merchandise as cheaply as possible.  Thus, a conflict is created between profits and people’s safety. Needless to say, our emphasis is on safety.

Moreover, trucking companies know that drivers, like all people, will make errors. Drivers will get overtired when driving.  Drivers will drive too fast.  Drivers will fail to perform safety checks on the trucks.  These human errors will result in deaths.

So, the truck company, knowing the errors, must have policies and procedures that protect against the known errors. As an important aside, as we have been advocating, the Georgia Supreme Court has adopted our arguments in Quynn v. Hulsey, Ga. 850 S.E.2d 725, 727-28 (Nov. 2, 2020).

The emphasis on the employer aligns with the Georgia Wrongful Death Statute. As discussed by the Georgia Supreme Court, the Georgia Legislature “may impose an extraordinary liability, such as [the wrongful death] statutes do, not only upon those at fault but upon those who, although not directly culpable, are able nevertheless in the management of their affairs to guard substantially against the evil to be prevented. Carringer v. Rodgers, 276 Ga. 359, 578 S.E.2d 841 (Ga., 2003) (original citations omitted).

Traditionally, if the trucking company was even included in the lawsuit, the lawsuit’s claim was limited to include the employer to allow recovery under the company’s deeper pockets.  The employer is held responsible under the doctrine of Respondent Superior – roughly translated from Latin, “let the boss answer” [for the acts of the servant]. As discussed above, the possibility of holding a defendant’s employer responsible may turn a $25,000 possible compensation into a multi-million-dollar recovery.

The challenge is that the employer-employee relationship is not always easy to prove. On many occasions, a company will argue that the defendant was not an employee but an independent contractor and that the company is not responsible. This often happens in cases with cabs, commercial trucks, etc.  Yet, by arguing the company’s special duties, we bootstrap the Company for its negligence and responsibility under the respondent superior.

So, let’s return to the beginning.

Truck accidents resulting in death should never happen. Car accidents should not occur. Why? Because there is no such thing as “accidents.”  Accidents are the term that we use to excuse accountability and responsibility. Our firm was one of the first to use the term collision because that is what happens. There is a collision. One large object collides with another large object. Sometimes, the occupants are okay. Sometimes, the occupants are severely injured. Yet, all collisions occur because the drivers are simply not doing what they should be doing. The driver is distracted, driving too fast, or otherwise taking shortcuts.

Driving a truck is vastly different than driving a car. The average weight of a car is 1.4 tons. The average weight of a tractor-trailer is 40 tons. 26 times the weight of an ordinary SUV on the road.  When a small child runs and bumps into an adult, the result is no big deal. Yet, serious injury is possible when a full-grown linebacker runs into another. Driving a truck carries far more responsibilities because the dangers are more significant, and the responsibility is greater.

The trucking company knows that human errors occur. For example, drivers get tired and, to increase their income, may drive too many hours per day. Likewise, drivers may fail to check the truck’s breaks, mirrors, and the like because drivers are paid on delivery, not safety checks. These errors will lead to deaths on the highways.

Given that trucking companies know human errors can cause death, they have a special duty to prevent such deaths. They also have a special duty to ensure that their employees know proper procedures, are not driving when overtired, and have the equipment to drive safely. For this reason, we focus on the trucking company at Wrongful Death Krause Law Firm.

At Wrongful Death Krause Law Firm, our Atlanta Wrongful Death Lawyers Also Focus on the Following Practice Areas:

Contact Our Skilled Truck Accident Wrongful Death Attorneys in Atlanta, Georgia

If you have lost a loved one in a fatal truck crash due to negligence, you don’t have to face this battle alone. At Wrongful Death Krause Law Firm, we fight for families to hold reckless truck drivers, negligent trucking companies, and insurers accountable. Let us pursue the justice and compensation your family deserves while you focus on healing. Contact us today for a free consultation.

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