Georgia ranks fourth in the country for truck accidents, and these types of accidents often leave victims with devastating injuries. You should not have to bear the financial losses and suffering caused by someone’s negligence.
You should contact a reputable Atlanta truck accident lawyer as soon as possible. Your odds of getting full compensation for your injuries and losses are better if you hire an attorney specializing in auto accident lawsuits.
At Diaz & Gaeta, we have experienced Atlanta auto accident attorneys who are well versed in truck accident lawsuits and understand how to ensure clients get full compensation for their losses, pain, and suffering. You can call us at 678-503-2780 to schedule a free consultation and learn more about how we can help you.
Truck Accident Statistics in Georgia
The following data from the Office of Highway Safety in Georgia paints a grim picture of the situation regarding truck accidents:
- Georgia is ranked with the fourth-highest heavy commercial vehicle accident occurrence over the past five years.
- Nearly 350 lives were lost in truck accidents in 2017 and 2018.
- 57% of reported accidents took place in rural areas.
- 35% of truck accidents happened in urban centers.
- 24% of the reported deaths were linked with drunk driving.
- 50% of the accidents involved out-of-state trucking companies.
What Should You Do After a Truck Accident in Atlanta, GA?
Knowing the steps to take immediately have a truck accident can make the difference between recovering damages or losing out on such an opportunity due to minor blunders. Our reputable attorneys repeatedly advise people to keep the following tips in mind:
Get Help
Call 911 to notify the police and EMTs to rush to the scene. The police will note what happened and compile a report that we can use to support your claim. The EMTs will attend to victims’ injuries and rush those in critical condition to the hospital.
Help Others if You Can
Help others if you feel you are sound enough to assist others involved in the accident. Help those you can to get to safety and administer first aid to those that need it before the emergency medical team arrives.
Collect Information
Exchange contact information with others involved in the accident as well as witnesses. Try your best to limit your conversation to essential details like names, addresses, and phone numbers and avoid any statements with a legal implication.
Document the Scene
Document the scene and speak with witnesses, which helps you better understand what happened. You can use your smartphone to take pictures and short videos.
Get Medical Attention
Seek medical attention whether you think your injuries are not serious or feel okay after sustaining a knock during the truck accident. It is best to let a doctor examine you and rule out any fatal damages that can manifest later.
Call an Atlanta Truck Accident Lawyer
Contact an attorney in Atlanta, GA, specializing in automobile accident compensation claims, primarily those involving heavy commercial vehicles. The sooner you do this, the better your chances of protecting your rights and recovering damages.
What Are the Laws Regarding Truck Accident Liability?
Vehicles that qualify as heavy commercial trucks are large and have a GVWR (Gross Vehicle Weight Rating) above 10,000 pounds. Some are passenger vehicles with a sitting capacity exceeding 14 passengers, including the driver. Tow trucks, log carriers, mobile cranes, tractor units, delivery trucks, flatbeds, and haulers meet these requirements.
Truck drivers will be held accountable for an accident linked to their reckless, negligent, or indifferent acts when on the road. Furthermore, Georgia’s laws regarding trucking also stipulate that truck companies can be at fault if they do not routinely maintain and inspect their vehicles and screen the drivers to ensure they are qualified HGV drivers.
How Can a Truck Accident Lawyer Help?
Your odds of getting full compensation for your injuries and losses are better if you hire an attorney who understands the relevant laws and how to navigate the legal process. At Diaz & Gaeta law firm, we will commit to ensuring that we oversee the following things when representing you and fighting for your rights and interests:
Investigations
Your Atlanta truck accident lawyer will work closely with a team of experts in various fields to conduct thorough investigations that help us understand your case’s facts and circumstances. The sooner we get the ball rolling, the better the chances of gathering crucial information for building a watertight case.
Filing a Claim
After gathering all the essential documentation that clarifies what happened and why you must be compensated for your losses, pain, and suffering, the next step is to file the claim. Our attorneys understand the legal requirements and deadlines.
Negotiations
We will meet with the insurance company and their legal team at a discussion table and strive to reach a favorable settlement deal. Your truck accident lawyer will oversee the negotiation and protect you from being duped into accepting any low-ball offers by the insurance company.
Litigation
We are a law firm that is aware not all negotiations are successful. In this situation, we are ready to take your case to court. We guarantee that you will have an aggressive litigation team representing you.
What Types of Compensation Can I Receive in Georgia?
When representing you in your truck accident compensation claim, our objective is to help you recover damages. We shall focus on the losses you suffered and pursue a favorable settlement.
- Economic Damages – This covers losses with a monetary value. They include your hospital bills, medication costs, lost wages, therapy expenses, and property damage.
- Non-Economic Damages – This is compensation for losses that have indeterminable monetary value but a life-changing impact. Examples include loss of companionship, reduced quality of life, emotional and physical anguish, and more.
- Punitive Damages – Punitive damages are reserved for cases where the defendant was guilty of “willful misconduct” or reckless disregard for others’ safety. Our investigations will show if these damages could be on the table.
How Much Is My Truck Accident Claim Worth?
No two truck accidents are the same. Unique factors and circumstances determine what a potential claim is worth. It is a complex process that requires thorough knowledge of the legalities involved. We will consider your pain and suffering along with any expenses you incurred, like treatment, medication, therapy costs, or repairs to your vehicle.
Is There a Deadline for Filing a Claim in Georgia?
Truck accident victims have two years from the date the incident occurred to file their compensation claims. They could lose their right to compensation if they don’t file a claim within the stipulated time frame. Please note that this period is shorter if you file a lawsuit against a state/federal government agency.
How Is Fault in a Truck Accident Determined?
As the accident victim, the law requires you to prove that the defendant is responsible for the incident and should compensate you for your injuries, losses, and pain. We shall achieve this by proving to the judge and jury the following:
- The defendant owed you a duty of care. All truck drivers have a responsibility to follow traffic laws and FMCSA safety rules.
- The defendant breached their duty of care by behaving recklessly or carelessly.
- Prove this breach of the duty of care resulted in the accident and your injuries and losses.
- Showing the court that you suffered actual injuries and losses.
Can a Lawyer Prove the Truck Driver Was Negligent?
Giving evidence of the truck driver’s acts of negligence is paramount when determining liability. Important pieces of evidence that show the driver’s reckless or careless actions can include black box data, the police accident report, witness statements, photos and video of the accident scene, and testimony from accident reconstruction specialists.
Who Can Be Held Liable?
Different parties can be found liable for the accident and will be instructed to compensate you for your injuries, losses, pain, and suffering. The potential culprits that we have seen shoulder the blame for such accidents are:
- The truck driver, whether working as an employee or owning the vehicle.
- The trucking company that hired the driver and owns the truck.
- The loading company for failing to secure the cargo for transit or overloading the HGV.
- The manufacturer for making a vehicle with faulty parts, which contributed to the accident.
Common Causes of Truck Accidents
We at Diaz & Gaeta have seen different truck accident victims walk through our doors seeking expert legal counsel and representation for their compensation claim cases. Many truck accidents are caused by:
- Driver fatigue.
- Reckless driving.
- Distracted driving.
- Substance abuse (intoxication).
- Oversized or wrongly secured freight.
- Untrained or inexperienced drivers.
- Poor truck maintenance.
- Equipment or part malfunction.
- Poor road conditions.
Let Our Seasoned Truck Accident Attorneys in Atlanta, Georgia, Represent You!
If you are seeking compensation after a truck accident, those you are suing will put up a resilient fight, and the legal requirements can be a daunting hurdle. Overall, things can prove overwhelming done the line, and that’s why it is best to allow us to oversee the legal matters on your behalf.
At Diaz & Gaeta, our experienced attorneys how to fight to ensure that clients get full compensation for their losses, pain, and suffering. You can call us at 678-503-2780 to schedule a case review with our Atlanta truck accident lawyers and learn more about how we can help you. We take cases on a contingency fee basis, allowing you to focus on recovering from your injuries instead of worrying about legal fees.
