An accident with a commercial truck is more complex to deal with than a car accident because determining who to file a lawsuit against isn’t easy. The driver, the trucking company, manufacturer, insurance provider, or those responsible for maintenance and repair could all share some of the blame.
When you contact Morrison & Hughes Law, we can perform a thorough investigation to determine whose actions caused your injuries. Remember that it is important to contact a Marietta truck accident lawyer immediately before the evidence to prove your case disappears. Once that truck leaves the scene, the clock is ticking before the accident data disappears.
After filing your lawsuit against the appropriate parties, your attorney may request assistance from an accident reconstruction specialist. Our firm is also prepared to fight for you against the insurance company and attorneys representing the other party.
If you or a loved one has been injured in a truck crash, please contact our team of dedicated attorneys. We won’t back down until you obtain the compensation yo deserve.
A commercial truck has 18 wheels and weighs in excess of 80,000 pounds compared to the typical 4,000 pounds of most cars.
The following are some of the most common causes of accidents between commercial trucks and private cars when the truck driver is at fault:
In some situations, the truck driver did everything right and still caused an accident. This can happen when the company responsible for manufacturing or maintenance of the truck failed in its duties. He or she may also be working under the orders of a supervisor who knows the person is too tired to drive or the truck is overloaded. A truck accident attorney in Marietta can help you determine who is to blame for the accident and your subsequent injuries.
One of the responsibilities of a truck accident lawyer is to track applicable laws to determine liability in personal injury cases.
According to the Federal Motor Carrier Safety Administration (FMCSA), all truckers must follow these safety rules:
In some situations, the truck driver did everything right and still caused an accident. This can happen when the company responsible for manufacturing or maintenance of the truck failed in its duties. He or she may also be working under the orders of a supervisor who knows the person is too tired to drive or the truck is overloaded. A truck accident attorney in Marietta can help you determine who is to blame for the accident and your subsequent injuries.
Morrison & Hughes will dig into the facts to determine who is responsible for your injuries and damages from a commercial truck accident, even working with accident reconstruction specialists to help prove your case.
Even when a truck driver does everything right, there still might be an accident. This situation typically happens because of failed manufacturing or poor truck maintenance. Being overworked is another major factor driving accidents that is beyond the control of the truck driver.
Beyond the drivers themselves, here are a few entities that can be more discreetly responsible for their work prior to and following the scene of the accident:
A lawyer will be able to help you figure out the root of the cause of the accident and who the responsible parties are, if not the truck driver themselves. Identifying all the possibly liable defendants means you’ll be able to collect the maximum amount of damages owed to you for your injury or property damage.
The settlement process for a truck accident injury claim is usually more complex than a car accident claim. More in-depth accident investigations are conducted in truck accident cases, largely due to the many variables that must be accounted for in the assessment of a truck accident.
There’s also more at stake for truck owners if claims involve potential violations of federal trucking laws, which may cause more intensive scrutiny of the claim. Additionally, negotiating settlements with commercial trucking companies and their attorneys can be more challenging than filing a standard auto accident claim.
The beginning of the truck accident claims process is to file your claim with the responsible party. This will usually be the trucking company. However, parts manufacturers, loading contractors, government agencies, and other parties may bear liability as well.
Provide only basic, objective statements of fact regarding the accident. State only what happened in the collision, who was involved, the time and date and location of the accident. Do not discuss your injuries, or offer your judgments of fault, or opinions about anything regarding the matter.
Insurance company representatives are talented in interpreting victims’ statements in ways that help them rationalize minimizing settlements. Do not agree to give a recorded statement to any insurance adjuster before consulting with your attorney.
As a claimant, you must be able to prove that the other party was negligent in some way that caused the collision that resulted in your losses. It is important that you leave this investigative work to your attorney’s consultants. Whether the driver was distracted, or there was an equipment malfunction due to neglect of safety maintenance, or a failure to provide appropriate training, etc., all existing photos or other documentation, other physical evidence, and testimonial evidence must be obtained.
Evidence in a truck accident case can include:
Your truck accident attorney will present the liable parties with a legal notification that requires them to preserve evidence. Your lawyer will collect all necessary evidence to prove liability to the responsible parties and will evaluate evidence to work in conjunction with experts to identify causal negligence.
After your claim and all supporting evidence has been reviewed by the responsible insurer, the claim will either be rejected or you will be offered a settlement. Commonly, insurers initially offer a low settlement amount, a tactic that is designed to exploit victims’ stress and sense of desperation to settle quickly.
Your attorney will make sure that a full evaluation of your current and future losses is made and that final calculations render a fair total of compensation for all of your losses including applicable:
If the liable party refutes the compensation claim, or if a series of negotiations do not result in a fair settlement offer, then a legal case can be presented in the civil court for determination of an appropriate judgment. The majority of truck accident claims are settled prior to going to trial, but it is critical to be thoroughly prepared for court with exhaustive research, evidence and arguments.
Don’t leave something this important in the hands of an unexperienced attorney. Contact us today by calling 404-LAW-TEAM for a free and confidential consultation.
Have questions? We are here to help. Still have questions or can’t find the answer you need? Give us a call at 404-238-7028 today!
If your actions contributed to a truck accident, you can still potentially recover some compensation for damages. In Georgia, you can secure partial compensation so long as the court decides you were less than 50% at fault. Your percentage of fault will influence how much you can recover. If the court decides you are 10% at fault, for example, and your damages total $100,000, you would receive $90,000, or 90% of $100,000. You cannot recover any damages if you are found to be 50% or more at fault.
Georgia’s statute of limitations for truck accidents is two years, so you have two years from the date of the crash to start the legal process. If your loved one sustained fatal injuries in a truck collision, you get two years from the date they passed away to pursue a wrongful death claim. In either case, this may seem like a substantial amount of time, but you must take immediate steps to preserve evidence after an accident. Do not wait to speak to a legal professional: The investigation into your case needs to start right away.
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