Truck accidents are some of the most catastrophic, primarily due to the large size of vehicles. They can inflict damages and injuries that can have a major effect on your life. If you or a loved one has sustained an injury following a truck accident in Georgia caused by careless or negligent behavior, you may be eligible for compensation.
Unfortunately, dealing with these motorists and their insurance providers is not easy and can be even more infuriating than the accident itself. In addition, any mistakes during the claim process could leave you with an unfair amount of compensation, or none at all. That is why it is advisable to have the right Belvedere Park truck accident lawyer on your side.
Here at SHElaw firm® we are committed to helping truck accident victims fight for their rights and seek justice. Our highly experienced team of auto accident lawyers in Belvedere Park will use our expertise to ensure you receive the compensation you deserve. Call our offices today at 470-788-8930 to get schedule a free initial consultation.
Truck Accident Statistics in Georgia
Truck accidents occur far less compared to other forms of auto accidents, but they make up a huge portion of total fatalities in the state of Georgia. According to the Insurance Institute for Highway Safety, 4,014 people died in large truck crashes in 2020. In almost 70% of the accidents, the fatalities were individuals in the other car that collided with the trucks.
What Should You Do Following a Truck Accident?
Regardless of how careful you are while on the road, some incidents are beyond our control. Most individuals get scared, traumatized, and confused that they do not know what to do after an accident.
Bear in mind, however, that what you do next will have a significant effect on your case and so, make sure you do the following:
Call 911
Calling 911 to request help should be the first step you take after being involved in a truck accident. After calling 911, first responders and the police will be summoned to the accident scene and will file an accident report. Ensure that you get a copy of that report.
Help Others
If you can do so safely, help any other people involved in the accident. Not all truck accidents are collisions with passenger vehicles, but most of them are. Ensure that everyone is okay or getting first aid until the emergency services arrive.
Exchange Information
Exchange names, insurance information, and contact information with the truck driver. You should be polite, but do not admit fault or apologize as this can hurt your case.
Record the Scene and Speak With Witnesses
If possible, you will want to take photos and videos of the location. Speak to any witnesses and record their statements about what they saw while it is fresh in their minds. Do not forget to get their contact information as their statements may be required down the line.
Seek Medical Attention
Even if you feel good at the moment, seek urgent care or have a doctor look at your body immediately. It is imperative that you ensure that you are in fact okay.
Second, you do not want the other party to state that they don’t owe you a settlement as you were not injured enough to visit a doctor. Some injuries take time to manifest and you don’t want to miss on compensation.
Contact a Belvedere Park Truck Accident Lawyer
Once you have done all the above, it is time to look for a truck accident lawyer in Georgia who can collect your evidence, statements, and other information. They will work on your claim as you focus on getting your life together, including recovering from injuries or wounds.
What Are the Laws Regarding Truck Accidents in GA?
Georgia is an at-fault state, which means that drivers are required to pay for accidents that occur due to their negligent actions. That’s why it is important to prove who actually caused the accident.
Georgia uses the principle of comparative negligence. This means that it is possible for more than one party to be held accountable for causing or contributing to an accident. Each party’s share of fault is a percentage, and you must be less than 50% at fault in order to file for compensation.
How Can a Truck Accident Lawyer Help Me?
You will find peace of mind when you have a legal representative handle your case. They will handle all the paperwork and communications to ensure you do not make mistakes that might ruin your claim.
As the process continues, the lawyer will be able to handle the following:
Investigation
The videos, photographs, and statements you collect at the scene will come in handy as evidence. However, a seasoned attorney will know who to speak to and where to look for additional information, including camera footage from CCTV and trucking logs.
Filing Your Claim
Filing a claim following a truck accident involves a lot of paperwork that should be filed correctly and on time. Any mistakes may compromise your ability to recover financial compensation. Legal claims are best handled by experienced law professionals.
Negotiation
Truck accident lawyers are often able to negotiate with insurance companies to obtain favorable settlements for their clients. They are able to do that by building a strong case that shows the insurance company they are ready to fight them in court if that is what it takes.
Litigation
When it comes to truck accident claims, nobody like to involve the court due to the time and money it costs in legal fees. However, if you do not come to an agreement during the negotiation stage, then litigation may be necessary. As such, you will need a professional that will be able to prepare your case and fight for your rights in court.
What Types of Compensation Can I Get?
If you have been a truck accident victim in Georgia, you may be eligible for three types of compensation:
Economic Damages
Economic damages include compensation for costs that can be quantified in real dollar amounts, such as:
- Medical expenses
- Decreased earning capacity
- Nursing costs
- Rehabilitation
- Property damage
- Lost wages
Non-Economic Damages
Non-economic damages include those that cannot be easily quantified in real dollar amounts, such as:
- Disfigurement
- Mental anguish
- Physical disability
- Loss of consortium
Punitive Damages
Punitive damages are the extra financial damages awarded by the courts only in rare instances where there’s extreme recklessness by the owner or operator, such as accidents resulting from drunk driving or the willful intent to cause harm.
How Much Is My Claim Worth?
It is incredibly challenging to determine what any truck accident claim is actually worth. The value of your claim will depend on several different factors, which include your injuries and property damage. However, with the help of experienced truck accident lawyers from SHElaw firm®, you can be sure that your case is in the best hands.
Our lawyers can help you get an accurate estimate and are determined to help you recover the maximum amount of compensation that you are entitled to for the injuries and damages suffered in a truck accident.
Is There a Time Limit for Filing a Claim?
Georgia law sets a deadline for filing a truck accident claim, known as the statute of limitations. The statute of limitations for personal injury cases is two years from the date of the accident. In wrongful death cases, the family has two years from the time of their loved one’s death to file a claim.
How Is Liability in Truck Accidents Determined?
To determine fault in a truck accident, your lawyer will have to prove 4 elements of negligence, which are:
- Duty of Care: The truck driver owed the victim a duty of care. All truck drivers must obey traffic laws and FMSCA rules.
- Breach of Duty: The truck driver breached their duty of care by failing to drive safely.
- Causation: The truck driver’s breach of duty of care resulted in the injuries suffered by the victim.
- Damages: The accident resulted in physical injuries and/or financial losses.
Examples of evidence than can prove useful in proving negligence include:
- The operator’s driving record
- Alcohol and drug testing results
- Travel and engine data from the truck’s black box recorder
- Repair and maintenance records
- Driver logs showing the number of hours a driver was active, stops, breaks, and other information
- Police reports
- Witness statements
- Photos of the accident scene, property damage, and skid marks
Who Can Be Held Responsible for a Truck Accident?
If you are not responsible for the accident, then another party must be. More often than not, it is the truck driver’s fault, but this is not always the case. It could end up being the truck manufacturer, trucking company, or the party that loaded the truck.
Common causes of truck accidents include oversized freight, distracted driving, driver fatigue, inexperienced drivers, and lack of truck maintenance. Inclement weather and poor road conditions can also be contributors.
Hire the Best Belvedere Park Truck Accident Lawyer!
No one expects to be involved in a truck accident, but it does happen. When an accident happens and results in injuries and losses, SHElaw firm® is here to help you protect your rights and seek the compensation you deserve. Get the best truck accident lawyer in Belvedere Park, Georgia by calling 470-788-8930 today!
