At SHElaw firm, we have helped truck accident victims like you for years, and we will be here to help and guide you and your family.
Accidents involving semi-trucks, 18-wheelers, and other commercial trucks are legally complex, and insurers and trucking companies will try to use that to deny you compensation. Our Scottdale truck accident lawyers won’t let them!
When the stakes are high, and you need expert legal representation to help you fight for the compensation and justice you deserve after a truck accident, turn to SHElaw firm. We specialize in personal injury cases and will fight to recover compensation for you and your loved ones in the aftermath of a truck accident. Call 470-788-8930 today for a free case review!
Truck Accident Statistics
In the US, there were over 107,000 truck accidents in 2018, per a Federal Motor Carrier Safety Administration (FMCSA) report. At least 4,000 of these accidents resulted in fatal injuries. These accidents affected many citizens, from family to colleagues.
Georgia considered such factors to enforce commercial vehicle driving laws. Since 2014, enforcement has curbed traffic violations by 20%.
What Should You Do After a Truck Accident?
Scottdale truck accident lawyers at SHElaw firm understand that your actions after a truck accident will impact your health and legal rights in the future. We’ve outlined a list of things you should do after getting involved in a truck accident:
Call the Police
Was anyone injured in the accident? If so, call 911. If there are no injuries, you can use a non-emergency contact number to file a report with the police.
When cooperating with the authorities, avoid making any statements that could hurt your case. Stay calm and avoid giving opinions on who was at fault. Also, do not apologize for anything.
Help Others
Keep other road users safe from accident debris. If possible, move damaged vehicles out off the road. Do not move the injured victims from the scene unless they are in immediate danger.
Exchange Info
Get the trucking company name, driver’s and witnesses’ contacts, and insurance information. The police report concerning the accident should contain contact information for drivers and witnesses. But it’s best to note down this information if you can.
Document the Scene, Speak With Witnesses
Consider taking photos of your vehicle and the truck involved in the accident. They may be valuable in proving how the truck accident happened. Also, consider talking to some witnesses as they can back up your claim.
Seek Medical Attention
See a doctor as soon as possible, even if you do not feel injured, as some underlying conditions like internal bleeding might not manifest immediately. A medical examination is also valuable in proving that your injuries are tied to the truck crash.
Contact an Attorney
At SHElaw firm, our truck accident attorneys in Scottdale, GA, will offer you a free consultation. Contact us immediately after the incident for a free case review.
What Are the Laws Regarding Truck Accident Liability?
Georgia determines liability for truck accidents by using the fault system and the modified comparative negligence law. Under the fault system, the person found at fault or negligent is liable for resulting damages after a truck accident. On the other hand, under the modified comparative negligence rule, you cannot recover compensation if you are 50% or more at fault for a truck accident.
Several parties, including yourself, can share fault in a truck accident. Are you worried you cannot recover compensation because you were partially at fault for the truck accident that caused your injuries? Speak to an experienced truck accident attorney near you. Under modified comparative negligence, you may still be eligible to recover compensation.
How Can a Scottdale Truck Accident Lawyer Help Me?
You need assistance from a reputable legal professional to fight for your compensation. Scottdale truck accident attorneys will assist you in many ways, including:
- Investigation: We’ll examine the available evidence while obtaining additional evidence that might prove negligence. After this, we’ll establish fault and build you a strong claim.
- Filing a Claim: Accident claims involve numerous paperwork and take much time. We’ll handle the case forms on your behalf and ensure they are appropriately filled and submitted.
- Negotiations: Typically, insurance companies are constantly seeking the least amount possible. We’ll negotiate for you and ensure you get the fairest settlement.
- Litigation: Suppose the insurance company doesn’t offer you a fair settlement. We will file you a lawsuit and strive to collect the most favorable judgment.
Truck accident claims are challenging to seek fair compensation for damages. That’s why you need to hire reputable Scottdale truck accident attorneys to help you with the above proceedings.
What Types of Compensation Can I Receive?
The main objective of a successful personal injury case is compensation. Your accident settlement ought to fairly compensate you for these damages, which include:
Economic Damages
These will compensate you for the quantifiable costs associated with the accident. They cover accident-related:
- Medical expenses
- Property damage
- Lost wages
- Diminished earning potential.
Non-Economic Damages
These will compensate you for unquantifiable losses that still significantly impact your way of life. Examples include:
- Suffering from physical pain and discomfort
- Mental anguish
- Emotional distress
- Reduced quality of life or loss of enjoyment of life
Punitive Damages
Juries and judges sometimes award punitive damages in truck accident cases mainly to punish the negligent party rather than compensate for your losses. Punitive damages are ruled if the at-fault driver:
- Was willfully negligent
- Had malicious intent
The aftermath of a truck accident can harm you in more ways than one. Not only can you suffer debilitating injuries, but the accident can also affect your financial position, family relationships, and mental health. Contact truck accident attorneys in Scottdale, GA, to fight for the justice and compensation you are owed.
How Much Is My Truck Accident Claim Worth?
You deserve fair compensation after getting injured in a truck accident. But how much compensation will you get in Georgia after a truck accident? The skilled Scottdale truck accident attorneys at SHElaw firm have highlighted three key factors that affect the value of your compensation in a truck accident settlement in Georgia:
Ability to Prove Liability
Georgia laws determine truck accident compensation on a fault basis. You must prove liability to get a fair settlement after an accident.
Value of Damages
You must also prove the value of your losses besides proving liability. A fair settlement offer should compensate all the actual damages sustained from the accident. The damages may include:
- Physical therapy
- Rehabilitative treatment
- Lost wages
- Pain and suffering
- Mental anguish
Strong and Effective Representation
Your ability to negotiate for compensation will determine the value of your truck accident settlement. Typically, insurers are aggressive and always want to offer the lowest amount possible.
At SHElaw firm, we handle all types of accident claims across Georgia. Our reputable Scottdale truck accident lawyers in GA have the skills, resources, and experience needed to take on insurers and negotiate you the highest compensation.
Is There a Deadline for Filing a Claim?
Georgia law sets the deadline for filing an accident claim for personal injury, property damage, and wrongful death related to truck accidents. In Georgia, you have two years to file a truck accident claim.
How Is Fault in a Truck Accident Determined?
Most truck accidents in GA occur due to negligence. The following four elements are necessary to establish negligence in Georgia:
- Duty of Care: You must establish that the defendant owed you a duty to take certain precautions against an unreasonable risk of harm.
- Breach of Duty of Care: A breach occurs when the defendant’s actions fall short of the level of care they owe you.
- Damages: You must demonstrate a legally recognized harm in a negligence case through economic and non-economic damages.
- Causation: You must demonstrate that the at-fault party’s actions were the direct cause of the truck accident. Luckily, Georgia law entitles you to some compensation even if you partially contributed to the accident.
Can a Lawyer Prove the Truck Driver Was Negligent?
Proving the trucker’s fault after a truck accident can be pretty challenging. After all, not only are there multiple parties involved, but prompt action is crucial. For this reason, hiring a lawyer who can gather the evidence you need to win is essential.
Our attorney will use the following evidence to prove the trucker’s negligence:
- Your car damages: Your car’s damage is often the most convincing truck accident evidence.
- Driving stats: Truckers must keep a travel log. The driver’s log can be crucial evidence, especially when driver fatigue is suspected.
- Maintenance logs: Pre-trip vehicle maintenance is required. A non-maintained truck is quite dangerous to drive, and the driver will be liable for accidents when they happen.
- Cargo logs: How much cargo was loaded is crucial to your truck accident case. Overloaded trailers are hard to steer and stop, which may cause accidents.
Who Can Be Held Liable?
Truck accidents involve many complex factors, including identifying the source of the accident. Some of the parties who may be potentially at fault for your truck accident include:
Truck Driver
Truck drivers are mostly held accountable for accidents due to unsafe driving. Suppose a driver is drugged, fatigued, or distracted. They have a high chance of causing an accident. In such a case, the truck driver will be solely blamed for the accident.
Trucking Company
The trucking company performs all maintenance and inspections required by federal regulations. Maintenance includes checking the engine, lights, fluid levels, windshield wipers, turn signals, tires, brakes, and other components. The company is to blame if the truck failed to stop in time due to flat tires or broken brakes.
The Company that Loaded the Truck
Improper or overloaded trucks can cause accidents. Federal law requires truckers to follow all regulations, especially when transporting hazardous materials. The loaders may be held responsible for not securing the cargo if the truck rolled over due to improper loading or if its contents spill into the street and cause an accident.
Vehicle or Parts Manufacturers
The owner is responsible for maintaining the truck and its components. However, there are situations where the parts or vehicle manufacturer can be liable for damages, e.g., when a component breaks or doesn’t work as intended. Component failures include blown tires, faulty brakes, faulty steering, and fuel tank fires.
Common Causes of Truck Accidents
Careless driving causes most car and truck accidents. Inattentive driving, tailgating, and failing to stop are examples of negligence leading to truck accidents. Below are the significant causes of truck accidents:
- Driver fatigue
- Failing to pay attention
- Drug use
- Untrained or inexperienced drivers
- Overloaded or improperly secured freight
- Lack of truck maintenance
You’re entitled to compensation if a truck driver’s negligence causes you serious harm. Consult Scottdale truck accident lawyers before filing a civil suit against the at-fault driver and trucking company.
Injured in a Scottdale Truck Accident? Call Us Today!
Truck accidents can be devastating, and the process of claiming compensation is often complex. Our Scottdale truck accident lawyers are the best experts to determine what caused the accident and who is liable, including the truck driver, truck owner, and trucking company.
At SHElaw firm®, we help truck accident victims across Georgia to understand their legal rights after getting involved in truck accidents. Reach out to our truck accident attorneys in Scottdale, GA, now at 470-788-8930 for a free case evaluation and consultation.
