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. Not only do we specialize in truck accidents, but our Atlanta personal injury attorney team has a proven track record in a variety of personal injury claims. Schedule your free consultation to get the help you deserve.
Common Truck Accident Injuries in Atlanta
Suing for your truck accident injuries may not be as overwhelming as you thought. When you have an experienced truck accident attorney in Atlanta advocating for you, you may be able to recuperate from your injuries. Our team is prepared to handle the legal details of your case.
You may be wondering whether your truck accident injuries are severe enough to warrant legal action. It should be noted that your diagnosed injury will not determine whether you have grounds for a commercial truck accident claim. Instead, what will matter is how your injuries have had an impact on your life in every way.
With that in mind, there are some types of truck accident injuries we see more often in Atlanta than others. Some of these injuries include:
- Emotional trauma
- Traumatic brain injuries
- Full thickness burns
- Broken bones
- Back injuries and paralysis
If you have suffered other injuries we did not list above, you could still have grounds for a case. Find out what your next steps should be when you contact our office to discuss your truck accident injuries further.
Do You Have Grounds for a Truck Accident Claim?
Your truck accident injuries will not have an impact on whether you have grounds for a case. You could suffer a seemingly minor injury and still have the right to compensation for your damages if your life has been turned upside down by your truck accident injuries.
So what does determine whether you have grounds for a truck accident claim? There are two primary factors that will determine whether you have the right to pursue an insurance or civil claim in your truck accident case. These include:
- Whether another party’s negligence caused your Augusta truck accident injuries
- How your life has been affected by your truck accident injuries
Liability for the Incident
First, your attorney will need to show that someone else’s negligence is the cause of your truck accident injuries or damages. Establishing liability is essential. You should never be held accountable for these costs and deal with the physical and emotional trauma of an injury when someone else is responsible for causing it.
That party should be held accountable to the fullest extent of the law. In some instances, liable parties may face criminal charges. However, when another party’s negligence is the cause of a truck accident, they are more often than not found liable in civil court.
Your Atlanta truck accident lawyer will need to obtain evidence that can prove liability to meet the burden of proof in your truck accident claim. A preponderance of the evidence means the evidence presented at court must show the accused is more than likely culpable for causing your truck accident injuries in Atlanta.
It may not always be clear if someone else is responsible for causing your injuries. However, if there is even a chance someone else could be partially at fault, you should consider reaching out to a lawyer for legal guidance and support. You can expect your lawyer to conduct a thorough investigation to obtain the evidence needed to establish culpability in your case.
Damages Caused by the Incident
The other way to tell whether you have grounds for a truck accident claim is by examining the ways your life has been affected by your truck accident or subsequent injuries. It isn’t that you must have suffered a life-threatening injury to be entitled to financial compensation. What matters is how your life has been affected.
If you have suffered physical injuries, or dealing with significant emotional trauma, or are burdened by considerable financial losses, all of these damages can be recovered in a civil or insurance claim.
No one wants to be accused of attempting to file a frivolous lawsuit. If you want to explore your options further and find out whether you have grounds for a truck accident claim, your best option is to contact a truck accident attorney in Atlanta to discuss the specific details of your case.
Damages Available After a Truck Accident in Atlanta
When filing a truck accident claim, you will 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
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
Navigating through truck accident damages can be rather complex, as there are many interconnected parts to consider. For example, if you have lost a limb in the wreck, your compensation can cover medical bills, pain and suffering, lost wages, and more. An Atlanta loss of limbs accident lawyer can help you file a valid compensation claim.
Your truck accident lawyer in Atlanta 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
Wrongful death lawyers in Atlanta, GA, can help you receive fair compensation. While no amount of money can bring back a lost life, the award can help lift the financial weight of the surviving family members.
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 an Atlanta semi-truck accident 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 §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 attorneys 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 Atlanta truck accident attorney 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.
How Shared Fault Could Impact the Outcome Of Your Case
You might be surprised when you begin to pursue your truck accident claim if the defendant attempts to blame you for causing the commercial truck accident. It is possible you could share fault for causing your injuries. However, if the defense can argue that you are partially at fault, they may be able to reduce their own financial liability. This is because Georgia operates under modified comparative negligence laws.
Here, if you are partially liable for your injuries, you will face a shared fault deduction before you are awarded your injury settlement. Furthermore, if your portion of liability exceeds 49%, you will lose your right to have your case heard in the Georgia civil court system. Here is an example of what you could expect if you are partially liable for your truck accident:
Robert was not wearing a seatbelt when he was struck by a drowsy truck driver. The judge found Robert 10% responsible for causing his injuries. The jury awarded Robert $5 million for his damages. However, because Robert was 10% responsible for his injuries for failing to wear his seatbelt, his $5 million injury settlement was reduced by 10%. This left him with a final injury settlement valued at $4.5 million.
As can be seen, contributory negligence can have a significant impact on the amount of compensation you could be awarded in your case. If you hope to protect yourself and your injury settlement, make sure to have your truck accident attorney by your side every step of the way. We can be sure fault is assessed equitably in your case.
How Truck Accident Insurance Claims Work
Georgia is a fault state for auto insurance and motor vehicle accidents. After you have been involved in an accident, you will file a claim with the culpable party’s auto insurer.
This could limit the amount of damages you could be awarded, particularly if your damages exceed the amount of coverage the policyholder purchased. Be prepared to file a lawsuit against the culpable party if your insurance settlement does not entirely cover your damages.
Subrogation in Truck Accident Claims
Subrogation is an important concept to understand when it comes to truck accident claims. In some cases, your insurance company may cover the initial costs of your damages and injuries, and then seek reimbursement from the party at fault through a process called subrogation. This means that if you receive compensation from the at-fault party’s insurance, your insurance company may have the right to be reimbursed for the expenses they covered on your behalf. Subrogation can be a complex process, and having an experienced truck accident lawyer in Atlanta by your side can help navigate through the intricacies of insurance claims and subrogation, ensuring that you receive the maximum compensation you are entitled to.
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.
Evidence to Prove Liability and Negligence in an Atlanta Truck Accident Claim
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.