Countless large trucks travel through Atlanta each day, hauling freight throughout the country. We expect truck drivers to operate their huge vehicles safely and carefully on the road, but that’s not always the case. If you or a loved one were injured in a truck accident, it’s important to reach out to a lawyer as soon as you can.
We can match you with the best truck accident lawyer in Atlanta for your needs. With more than 20 years of experience working on traffic accident injury cases, we know what it takes to win. Schedule your free consultation to get the help you deserve.
Damages Available After a Truck Accident in Atlanta
When filing a truck accident claim, you’ll need to demonstrate all your damages. Some accident victims are tempted to do this on their own, but we recommend getting help from a professional. Only an Atlanta truck accident attorney will know how to account for all the losses you experience and determine their value.
Some of the most common damages victims can recover from a truck accident include:
- Medical bills (past, current, and future)
- Physical therapy
- Lost wages
- Loss of earning capacity
- Vehicle repairs or replacement
Pain and Suffering
Damages like pain and suffering are especially difficult to calculate, as they do not have a clear dollar amount. You likely have pain and suffering damages to include in your claim if you have:
- Mental anguish
- Lost interest in things you used to do
Your lawyer can help you calculate how much those damages (and all your other damages) are worth and assign a value to your case.
Sadly, truck crashes often result in fatalities. The Insurance Institute for Highway Safety (IIHS) reports most people who die in truck collisions are occupants of passenger vehicles. This is understandable as some trucks can weigh 30 times as much as a car.
If you lost a loved one in a truck wreck caused by negligence, your family may have grounds to file a wrongful death lawsuit. You may be eligible to claim reimbursement for:
- Your loved one’s medical bills
- The cost of the funeral
- Burial or cremation
- Loss of benefits
- Loss of companionship
Also known as vindictive damages, you may be awarded additional damages due to aggravating circumstances. Punitive damages do not serve to reimburse you for financial losses, but rather to punish a defendant for willful misconduct or indifference to consequences.
If your accident was caused by a truck driver who showed no regard for safety, you may receive punitive damages on top of your case win.
Expect Better Results With a Truck Accident Lawyer
While you may not need to hire representation, you should at least let a lawyer review your case. Many law firms offer free consultations to discuss your options.
Insurance companies may try to badger you into accepting a lowball settlement offer or delay proceedings, knowing that you cannot afford lengthy negotiations. The less they pay you, the more profit they make.
By teaming up with a truck accident attorney in Atlanta, you will have someone in your corner to fight for you. Our law firm has decades of experience handling traffic accident injury cases. Our attorneys have collected millions of dollars for our clients.
How Fault Works in an Atlanta Truck Accident
Any personal injury case – including a truck accident case – in Georgia revolves around the concept of negligence. The negligent party in an accident is legally liable for the damages:
- According to Georgia Code section 51-1-2, negligence is a lack of the “care which is exercised by ordinarily prudent persons under the same or similar circumstances.”
- All drivers in Atlanta, including truck drivers, have a duty to drive in a way that does not harm others.
- So, if a truck driver fails in that duty and it leads to an accident, they are liable for all the damages.
Determine Who Was Negligent in Your Truck Accident
To seek compensation for the damages of a truck crash, you’ll need to show how the at-fault party was negligent and how that negligence led to your accident and damages. It’s best to contact a team of truck accident lawyers in Atlanta as soon as possible. Your lawyer will know how to best gather evidence to show what happened and what you are owed.
Truck Driver Fault
In the majority of truck accidents, the truck driver has been careless in some way that caused the accident. The driver might have been engaging in:
- Distracted driving
- Drunk driving
- Drowsy driving
- Aggressive driving
- Road rage
Although many truck drivers are more regulated than they used to be, they are still held to very tight schedules during their job. Trucking companies will try to move as much freight as possible within a very small amount of time. Even if truckers are required to take regular breaks and stop to sleep, they might forgo rest to meet deadlines.
Driving alone on the road for thousands of miles can also become boring or upsetting. A truck driver might choose to use their phone, use drugs or alcohol, or become agitated while driving, all of which can cause an accident. If you’re not sure exactly how the truck driver caused your accident, your lawyer can investigate to determine what happened.
Trucking Company Fault
Although truck drivers are most often the guilty party in a truck accident, the driver’s employer can also be fully or partially at fault.
Trucking companies have a responsibility to:
- Carefully recruit competent drivers
- Train their drivers properly
- Monitor their truck drivers’ performance
They must also ensure that they are meeting trucking regulations set by the Federal Motor Carrier Safety Administration (FMCSA). If the company fails to comply with its duties, it can be found liable for a truck accident.
Other Parties Who May Be at Fault
A truck accident can also result from other sources of negligence. Any of the following individuals or parties might be responsible for the accident:
- Mechanics or repair company
- Manufacturing company
- Government entity
- Cargo loading company
If the accident was caused by improperly-loaded cargo, poor road conditions, a parts malfunction, or faulty maintenance, your lawyer will investigate who was ultimately to blame.
Truck accidents often involve multiple parties. When a truck crashes, it can collide with several vehicles at once, causing serious and deadly injuries and vehicle damage. If more than one party was at fault for the accident, you might need to file a claim with multiple insurance companies.
You Have Two Years to File Your Truck Accident Claim
In the state of Georgia, the statute of limitations for personal injury cases is two years from the date of the accident or injury. If you wait too long to begin working on your claim, you may miss out on any potential compensation from your accident. It’s best to contact a lawyer right away so that you can stay on track and build the strongest case possible.
Additionally, your case may require special evidence, such as:
- Truck’s data recorders
- Dashcam video footage
- The truck driver’s rest logs
- The truck driver’s drug and alcohol test results
- The truck driver’s employment records
You cannot expect this evidence to be available for long. Your lawyer can reach out to the trucking company to obtain and preserve this information. It may be useful in proving the truck driver acted negligently.
Speak With an Atlanta Truck Accident Lawyer Today for Free
Our Atlanta truck accident attorneys have been working on these types of cases for more than 20 years. We know what it takes to get you the financial recovery you deserve. We do not charge a fee unless we win you money, so there are no upfront or out-of-pocket expenses to worry about when you work with us.
Contact us today by phone or online for your complimentary consultation. We’ll answer your questions, go over the details of your accident, and discuss how we can help your case. Call us 24/7 to get started today.