One of the worst kinds of accidents to be involved in is a truck accident, given the size and speed of a truck in operation. Whether you were rear-ended by a semi truck or side-swiped by a commercial vehicle on the road, you have the right to fight for compensation in Atlanta, GA. The legal support of an Atlanta, Georgia truck accident lawyer will help to ensure that you take all the necessary steps towards receiving full and fair compensation.
While you may want to file a claim against the truck driver directly, multiple parties can actually be responsible in a truck collision. That is why whether you are planning to settle out of court or battle it out before a judge, you need a truck wreck lawyer who will guide you on the best steps to take for your claim.
- 1 Ask a Truck Accident Lawyer: How Common Are Truck Accidents in Atlanta, GA?
- 2 Common Types of Truck Accident Injuries in Georgia
- 3 What Compensation is Available for My Truck Accident Injuries?
- 4 What is Modified Comparative Negligence?
- 5 Settlement vs. Lawsuit: Which One Should I Choose After My Truck Accident?
- 6 How Can Truck Accident Lawyers Help You
- 7 Hire a Truck Accident Lawyer for Your Case in Atlanta, GA
Ask a Truck Accident Lawyer: How Common Are Truck Accidents in Atlanta, GA?
The Federal Motor Carrier Safety Administration has reported a total of 4,311 fatal crashes involving trucks all over the US for the year 2015, which translates to an increase of eight percent since 2014.
In the state of Georgia, traffic fatalities reached to 1,430 in 2015. In addition, the number of fatalities in the state for collisions involving light trucks and large trucks has steadily increased between 2011 and 2015. Many interstates in Georgia are infamous for truck accidents, and some of these are the interstates 85, 75, 20, and 16.
To prevent the occurrence of accidents and fatal crashes, the state has enacted laws that govern truck driving practices on highways. Trucks, for example, are allowed to operate only on the two right-hand lanes, except when making a left turn. In Atlanta, trucks are not allowed on the highway, except for specific cases such as having to pick up a shipment in a location inaccessible by other routes. The state has also enacted the truck safety belt law, which requires truck drivers to wear seat belts at all times.
Despite these laws, unfortunately, truck accidents are still fairly common in Georgia. If you or a family member has been hurt in a truck collision, the help of a truck wreck lawyer is paramount.
You deserve to be compensated not only for your physical injuries but also for the intangible and emotional losses you have had to endure as a result of the accident. A committed truck accident lawyer will help you throughout the process, from compiling evidence to defending you in court.
Common Types of Truck Accident Injuries in Georgia
Both non-critical and fatal truck accidents happen because of one or several reasons. In some cases, the truck driver may be ruled to be the negligent party. In other cases, car drivers may be the liable party. Many accidents have also been the result of faulty truck vehicle parts or components.
Your truck accident lawyer should be able to identify the negligent party or parties quickly so that you can begin the process of filing your claim.
Some of the most common reasons truck drivers or their employers in truck accidents cause traffic accidents to include:
- Driver fatigue
- Insufficient driver’s training
- Compensation systems that promote faster driving
- Unscrupulous employer practices that expose truck drivers to road safety risks
- Poor truck maintenance
In some cases, a Georgia truck accident attorney may discover that the liable party in a truck-to-car collision is the car driver. Some examples of negligent behavior that could lead to this type of accident include:
- Abrupt lane changes, especially ahead of a truck
- Driving in areas where the truck driver may have zero visibility
- Failure to slow down or to accelerate speed when a truck changes lanes
- Driving in between two trucks
The sheer size of most trucks and the speeds by which they are running on public roads can make any collision critical and fatal. As such, in many cases, it is the car driver, the car’s passenger, or a pedestrian who are at the losing end of a truck accident.
If a truck driver has been negligent in his duty of care, your truck accident lawyer can help you seek compensation for the following injuries:
- Bruises and lacerations
- Fractured or broken bones
- Back and neck injuries
- Internal injuries
- Spinal injuries
- Wrongful death
Whether your injuries constitute mere bruises, severe internal injuries, or paralysis, you need to take action against the negligent party. You can rely on a truck accident lawyer to help you file a claim against the negligent party’s insurance carrier, whether in a settlement deal or a state court in Atlanta, GA.
What Compensation is Available for My Truck Accident Injuries?
As the injured party in a truck accident, you have the right to be fully compensated for your losses. Depending on the nature of your truck accident case, your truck accident attorney may help you recover from the following expenses and losses:
- Medical bills. Severe injuries will necessitate expensive medication, extensive hospital stays, and possible post-injury rehabilitation. Your truck accident lawyer may evaluate and compile all your hospital records to determine the medical compensation you deserve.
- Lost wages. If you have been unable to return to work on account of your injuries, your compensation may also factor in your loss of present and future wages.
- Property damage. You may consult your truck accident lawyer on how to recover compensation for property losses, such as an irreparably damaged car.
- Mental anguish. This intangible loss may be brought about by severe injuries, depression, or the loss of a spouse or significant other. Your truck accident lawyer may compel the liable party to pay an equivalent amount that approximates these losses one way or another.
- Loss of consortium or the enjoyment of life. If your injuries are preventing you from taking pleasure in life due to amputation, paralysis, brain injuries, or if you can no longer enjoy the physical company of your spouse, you may also seek this type of non-economic compensation.
Your Atlanta, Georgia truck wreck lawyer may also bring the case to court to seek punitive damages in addition to these types of economic and non-economic losses. Punitive damages are commonly awarded if a malicious action instigated the accident and if the accident has either resulted in grave injuries, irreversible medical complications, or death.
Your truck accident lawyer in Atlanta, Georgia will be able to explain whether punitive damages could be awarded in your case to ensure you receive the maximum compensation amount possible.
What is Modified Comparative Negligence?
In the state of Georgia, the modified comparative negligence rule usually governs a compensation lawsuit where multiple parties are found to be negligent. In the event that your negligence has also contributed to your injuries, you may face the possibility of having your compensation reduced or altogether forfeited.
The advice and efforts of a truck accident attorney, however, may steer your case in a more positive direction. A reliable truck accident lawyer can work to prove that your purported negligence has nothing to do with the accident. Should the other party claim that you were 50% or more responsible for the accident, your truck wreck lawyer will be prepared with information to counter this narrative.
It is crucial that you hire truck accident lawyers who are committed to fighting for you and with you, whether in settlement negotiations or in the courtroom.
Settlement vs. Lawsuit: Which One Should I Choose After My Truck Accident?
When it comes to seeking compensation for accident-related injuries and death, the question of settlement versus a lawsuit will often crop up. Given the advantages and disadvantages of both a settlement and a trial, how do you identify which route is best for your truck accident case?
Many plaintiffs and their respective truck accident lawyers may prefer a settlement, as these proceedings are usually concluded out of court. This usually just involves the truck accident attorney and the legal team of the at-fault party, including the insurance carrier responsible for paying compensation. Using evidence to prove liability as well as your record of medical expenses, your attorney will negotiate with the other party to get you the fair compensation you need to move forward.
If you are the injured party, you can benefit from a settlement, as this will mean having the compensation proceeds awarded to you in a timely manner. However, you have to be careful with some early settlement arrangements. It is best to have your truck wreck lawyer review all your losses and see whether all have been accounted for in the settlement. Some settlement deals may fail to include future medical expenses, which may be necessary for long-term rehabilitative care.
In the event that the insurance carrier of the at-fault party fails to honor the settlement agreement proposed by your truck accident attorney, you may proceed to take your case to court. Since both sides of the argument have to be presented in a trial, this process can take much longer than a settlement. Despite this, your case may potentially benefit more from a lengthy litigation process than from a quick settlement that doesn’t grant you complete recovery of all relevant losses.
Now that you know the pros and cons of each, you should know that your compensation claim must be filed from within two years of the date of the accident if you are suing for personal injury. If you are suing for property damage, the deadline is no later than four years from the date of the accident.
Due to the deadline requirements for lawsuits filed in Atlanta, GA, it is important for you to hire a truck wreck lawyer that understands how laws work in the state of Georgia. They can help you file your claim in a timely manner.
How Can Truck Accident Lawyers Help You
Regardless of your decision to settle or to fight in court, you need the help of a dedicated and compassionate truck accident attorney. After an accident. many Georgia residents find it hard to focus on anything but their family and their own recovery. With a trusted truck wreck lawyer on your side, you can focus on what matters most while a legal representative handles the paperwork for you.
In addition to helping you gather the information needed to file your claim, your truck accident lawyer can also conduct an investigation right after your initial consultation meeting. This is crucial, as most settlement and litigation procedures will require the presentation of important evidence. Any evidence found by your truck accident lawyer should establish the negligence of the at-fault driver. As part of this investigative process, your truck accident attorney in Atlanta, GA may also:
- Hire experts necessary to reconstruct the accident scene
- Identify any malfunctioning part of the truck
- Review police reports and photographs of the accident scene
- Interview possible eyewitnesses
- Research into the driving experience and history of the truck driver
These are just a few of the procedures that your truck wreck lawyer may undertake in order to strengthen your case.
It may also be necessary to check whether only a single party or if multiple parties can be held liable for your injuries and losses. For this, seasoned truck accident lawyers will review the evidence in order to determine whether the driver, the driver’s job, or a third party is responsible for the accident that took place.
Hire a Truck Accident Lawyer for Your Case in Atlanta, GA
The consequences of a truck accident can affect an injured party and their family for the long-term. If you have been injured in a truck accident and your injuries have affected your physical abilities and opportunities for work, talk to a truck accident attorney in Atlanta, Georgia today.
Our committed truck accident lawyers in Atlanta at The Weinstein Firm will immediately look into your case and provide you with valuable counsel as needed. Whether you want a settlement or prefer to litigate in court, we have the truck accident lawyer prepared to handle your case in Atlanta, GA.
It is not right to allow the negligence of another person to cripple you physically, emotionally, and financially. You have the right to claim for the amount you fully deserve. Talk to our truck accident lawyers at The Weinstein Firm today to schedule your free consultation.