Although semi-truck and 18-wheeler accidents are rarer than other types of auto accidents in Cartersville, when they happen, the consequences are disastrous. A truck accident can leave victims with catastrophic injuries, totaled vehicles, and damages that stay with them for life. Many truck accidents result in death. If you or a loved one were injured in one of these collisions, our Cartersville semi-truck and 18-wheeler accident lawyers can help.
We have been helping truck accident victims win the compensation they need and deserve for the past 20 plus years. Our attorneys are dedicated only to injury victims—and we never work for insurance companies. Contact us today for a FREE consultation to discuss the details of your case and how we can help. Call (404) 341-6555 or contact us online to get started.
How to Know if You Can Recover Money After a Semi-Truck and 18-Wheeler Accident
Financial recovery from semi-truck and 18-wheeler accidents falls under the scope of personal injury law in Cartersville. It all comes down to who was negligent or “at fault” for the accident and resulting injuries. The at-fault party is legally liable for damages from the accident.
In Georgia, damages are given as compensation for injury (Georgia Code section 51-12-4). So, the victim in a personal injury accident—which includes truck accidents—can bring a case to seek compensation for their damages.
If you were not fully at fault for the truck accident you were injured in, you are likely entitled to seek money to recover your costs. You will need to do so through a personal injury claim or lawsuit.
Determining Fault and Liability in a Cartersville Truck Accident Case
To be at fault, a person or party must have demonstrated negligence. “Ordinary negligence” is defined as lacking ordinary diligence, which is the amount of care that would be exercised by “ordinarily prudent persons” during the same or similar situation (Georgia Code § 51-1-2).
All drivers in Cartersville have a legal duty to exercise ordinary diligence on the road. After all, driving is a privilege—not a right. If a motorist, such as a truck driver, is careless on the road and it results in an injury accident, they are legally liable for the damages.
During your case, you will need to demonstrate how the responsible party was at fault for your accident. This can be difficult to do, which is why we recommend working with a truck accident lawyer from the beginning. They will help you gather evidence from the accident to paint a picture showing what occurred, then file an injury claim to seek damages.
Who is Negligent in a Semi-Truck or 18-Wheeler Accident?
Truck accidents are unique in that there may be multiple at-fault parties in the crash.
The Truck Driver
First, the most obvious potentially responsible party is the truck driver. Truck accidents typically result from a truck driver making a mistake while driving.
Semi-truck drivers are especially prone to errors on the roads because they are often given strict deadlines during their working hours. Although trucking companies must follow many regulations, those regulations are not always followed properly. Drivers might skip breaks, falsify hours, or do other things to drive for longer, which puts them on the road while overworked and fatigued.
The Trucking Company
Besides the truck driver, the trucking company may be partially or fully at fault for the accident. If the driver cuts corners to meet deadlines, it can be argued that the company is ultimately responsible. Plus, employers are typically responsible for their employee’s actions if they fall within the scope of employment.
Other Potentially at Fault Parties
Sometimes, other parties also play a part in why the truck accident happened. These parties can include a manufacturer, mechanic, cargo loader, or government entity, depending on the conditions that led to the accident.
For example, if the truck contained a defective part that caused the driver to lose control of the vehicle and caused the crash, the manufacturer of that part might be legally liable. Or, a maintenance company that should have caught the defect might also be partially responsible.
Since truck accident cases can be so complicated, it usually takes the expertise of a truck accident lawyer to get to the bottom of fault and liability. You will want to work with a professional who can fully investigate the accident and know exactly where you need to turn for compensation.
Damages You Can Recover from a Semi-Truck or 18-Wheeler Accident in Cartersville
When you and your lawyer file your injury claim for damages, you’ll need to outline all losses you’ve faced because of the accident. This includes future expenses you will have, as well.
Here are some of the damages you can be able to recover in your truck accident case.
Medical expenses make up the largest portion of semi-truck and 18-wheeler accident cases. Collisions with such huge vehicles often lead to catastrophic injuries that take months, if not years, to fully heal and even leave some victims with life-long disabilities.
Medical damages you can claim include:
- Doctor bills
- Hospital bills
- Prescription medications
- Physical therapy
- Future medical costs
Truck accidents also often force victims to miss a significant amount of work as they recover from their injuries. These damages are known as lost wages, and you can include them in your truck accident claim.
Sometimes, injuries prevent a victim from returning to the same type of work (or working in the same capacity) as they were able to do before the accident. If this happens to you, you can also claim loss of earning capacity damages.
You can include the costs of repairing or replacing your vehicle in your claim.
Pain and Suffering Damages
“Pain and suffering” is a type of non-economic damage that you can also claim in many cases. Pain and suffering is meant to account for how the accident has impacted you physically and emotionally. You may be able to claim pain and suffering for:
- Loss of enjoyment of life
- Scarring or disfigurement
- Fear or embarrassment
- Mental anguish
- Emotional distress
- And more
Pain and suffering damages are harder to prove than medical bills, lost wages, and property damage. Your truck accident lawyer will need to help you demonstrate these damages.
Talk to a Cartersville Semi-Truck and 18-Wheeler Accident Lawyer for Free Today
Don’t try to handle your truck accident case alone. You may be entitled to a lot more than you realize. Our truck accident lawyers can look at the details of your case and help you get started seeking the compensation you deserve—risk-free.
Contact us today for a FREE consultation and case evaluation. To get started, call (404) 341-6555 or contact us online now.