A lot of people get seriously injured or lose their lives in truck accidents in the state of Georgia. Truck accidents can cause severe injuries and fatalities. That is why truck accidents can negatively impact the life of the victims. Fortunately, Georgia law allows victims to seek compensation for their damages.
If you or a family member has been injured in a truck in Marietta, GA, we highly encourage you to hire a Marietta truck accident lawyer. A skilled and experienced lawyer can help you seek the compensation you rightfully deserve. It is, however, crucial to hire the right lawyer to increase your chances of winning your case.
At Diaz & Gaeta, we understand what you are dealing with. We are ready to fight for your rights. We will do everything in our power to help you get a fair settlement. Our skilled and reliable personal injury lawyers are ready to work on your case. Contact us at 678-503-2780 for a FREE case review.
Truck Accident Statistics in the State of Georgia
There is a rise in truck accidents because there are more truck drivers on the road. According to the 2010 Georgia Department of Transportation report, 23,000 accidents every year involve large trucks. That is around 65 truck accidents every day.
In addition, truck accidents are more dangerous than car accidents. That is why 6 out of 7 passengers of the small car die in a truck accident. Truck accident fatality rates are trending upwards in the state of Georgia. Truck accidents lead to 153 deaths in 2012, 278 fatalities in 2017, and 204 deaths in 2019.
If you have been involved in an accident with a semi truck, call our Marietta truck accident lawyers today.
What Should You Do After a Truck Accident?
Do not leave the accident scene after a truck accident. Leaving the accident scene can make it difficult to gather enough evidence. Having your own evidence can help your case. If you can take the right steps, you are more likely to receive compensation.
Here is what you should do after a truck accident:
Call 911
Call the authorities immediately after a truck accident. They can send suitable help to help you and the injured victims. The police come to the accident scene to gather evidence and talk to the victims and witnesses. They use the information to write a police report. You will need the police report when filing your claim.
Help Others
Check people on the accident scene to make sure they are okay. If the paramedics do not arrive quickly, you can provide first aid for the victims who need it. Do not move unconscious victims or those victims who are badly hurt. However, if the position of the injured victims poses a hazard, you can carefully move them.
Exchange Info
Exchange information with the truck driver, the other victims, and witnesses. The truck driver can flee the accident. That is why you need to collect the contact information of the witnesses. You need to exchange information, such as insurance information, license plate numbers, license numbers, phone numbers, addresses, and names.
Document the Accident Scene
Use your smartphone, tablet, or camera to record videos and take pictures of the accident scene and damages, including the injuries you sustained, the damage to your car, road conditions, nearby road signs, and more. Your lawyer can use your videos and pictures to build a strong case.
Seek Medical Attention
It is best to seek medical attention. If you are not feeling any pain after a truck accident, you still need to see a doctor. It can take time for injuries and pain to become obvious. The doctor can document your injuries. You will use your medical records as evidence when seeking compensation.
Contact a Marietta Truck Accident Lawyer
We highly encourage you to contact an attorney after a truck accident. At Diaz & Gaeta, our Marietta truck accident attorneys are ready to help you seek compensation. Once we determine you have a strong case, we will file a claim on your behalf. We work hard to ensure our clients receive what they rightfully deserve.
What Are the Laws Concerning Truck Accident Liability?
You need to adequately prove that the truck driver caused the truck accident for your claim to be successful. You need to determine liability in Georgia. If you cannot determine liability, you might not win your case. Therefore, you need to prove the following as true:
- The truck driver was the trucking company’s employee at the time of the truck accident.
- The truck driver was acting on behalf of the trucking company at the time of the truck accident.
- The actions of the truck driver were beneficial or in service to their employer.
It is, however, not easy to establish liability on your own. In our opinion, it is best to talk to an experienced and knowledgeable truck accident lawyer. Your truck accident can help you understand the truck accident liability. It is essential to understand these laws before filing your claim.
Having a lawyer can reduce your stress since you do not have to spend more time and money learning these laws. Your lawyer can guide you throughout the whole process. You can contact one of our knowledgeable Marietta truck accident lawyers at 678-503-2780.
How Can a Marietta Truck Accident Lawyer Help?
Hiring a good Marietta truck accident lawyer can help you investigate your accident, file your claim, negotiate the settlement, and take your case to court. Your lawyer can increase your chances of getting what you are entitled to.
Here is how a Marietta truck accident attorney can help your case:
Investigation
Truck accident lawyers have the required resources and hire experts to help them investigate the accident. They gather the necessary evidence, interview witnesses, get the necessary documents from the trucking company, and get the best experts to testify in court.
Filing a Claim
It is not easy to file a claim on your own. If you make a small mistake or miss the deadlines, the insurer can deny your claim. Hire a truck accident lawyer to file your claim. The lawyer ensures you file your claim properly. They gather the necessary documents before filing your claim. You can trust your lawyer to correctly file your claim.
Negotiation
Insurance companies do not like paying claims. That is why they are willing to hire the best lawyers. It is not easy to deal with their lawyers. That is why you need to have your own lawyers. Your lawyer handles negotiations with lawyers of the insurance company on your behalf. Your lawyer will help you get a fair settlement.
Litigation
The insurance company can refuse to pay your claim. Your Marietta truck accident lawyer prepares a strong case and takes your case to court. We have been handling truck accident cases for several years. We understand the local laws and Georgia courts. We can take your case to court if necessary. Give us a call today at 678-503-2780.
What Types of Compensation Can I Receive?
It is essential to fight for the compensation you rightfully deserve. However, if you do not have a lawyer, you might not get the full compensation. If you want to know the compensation you may be entitled to, you need to talk to an experienced and knowledgeable Marietta truck accident attorney.
Here are the types of compensation you can receive:
Economic Damages
It is easy to calculate economic damages because you can assign an actual dollar value to these damages. They include; property damage, lost earning capacity, lost income or earnings, medical expenses, and more.
Non-Economic Damages
It is not easy to calculate non-economic damages because you cannot assign an actual dollar amount to these damages. They include; loss of companionship, loss of consortium, anxiety, depression, emotional distress, pain and suffering, and more.
Punitive Damages
The victims can receive punitive damages in some cases. The court awards punitive damages in addition to both non-economic and economic damages. If you can prove that the truck driver was grossly negligent or reckless, then the court can award you punitive damages.
We still recommend hiring a Marietta truck accident lawyer to help you understand the types of damages you are entitled to. Insurance companies are not honest. Therefore, the insurance company can hide some damages from you. Hiring a Marietta truck accident lawyer ensures you receive full compensation for your injuries and damages.
How Much is Your Truck Accident Claim Worth?
The worth of your truck accident claim depends on the severity of your injuries and damages. Serious truck accidents are worth millions of dollars in the state of Georgia. You need to talk to your Marietta truck accident lawyer. Your lawyer can help you determine the worth of your truck accident claim.
Is There a Deadline for Filing a Claim?
Yes! There is a deadline for filing a claim in Georgia. You have to file a truck accident claim within two years from the time of your truck accident. Do not wait until the deadline elapses to file your claim. You can lose your right to seek compensation. Having a Marietta truck accident lawyer ensures you do not miss the important deadlines.
How is Fault in a Truck Accident Determined?
You can only get financial compensation if you are under 50% responsible for the truck accident. This is because Georgia is a modified comparative fault state. It is, therefore, difficult to determine fault in a truck accident in Georgia. This is when a knowledgeable Marietta truck accident lawyer comes in handy.
Here are some of the rules to prove fault in the state of Georgia:
- A driver can be held liable if they break the law during the truck accident as long as the other driver did not break the law during the accident.
- A driver can be held liable if the driver was negligent in their actions, such as distracted driving
- A driver can be held liable if their vehicle was not maintained properly as long as the vehicle in question caused the accident
- A driver can be held liable if they cause rear-end accident because they were driving too close to the car in front. However, there are exceptions, including the other driver suddenly changing lanes
Can a Marietta Truck Accident Lawyer Prove the Truck Driver Was Negligent?
Yes! A lawyer can prove the truck driver was negligent. The lawyer can gather evidence, talk to witnesses, hire experts, and collect the police report to prove that the truck driver was negligent. Your Marietta truck lawyer submits all the evidence to support your case. Proving negligence can increase your chances of winning your case.
Who Can be Held Liable?
Here are the parties than can be held liable:
- The truck driver
- The trucking insurance company
- The company that loaded the freight
- The truck’s manufacturer
- The trucking company that employs the driver
- The company that leased the truck
- The manufacturers of the spare parts
If you have any questions about who could be held liable in your truck accident, call our Marietta truck accident lawyers today to schedule a free consultation.
What Are the Common Causes of Truck Accidents?
Our Marietta truck accident lawyers have seen and worked on countless truck accident cases. The following are the most common causes of truck accidents:
- Speeding – If the truck is too fast, it can cause serious injuries or even kill the victims
- Improper Loading – Oversized or improperly loaded cargo
- Fatigued Driver or Distracted Driving – If the truck driver gets tired or is distracted behind the wheel, they can cause an accident
- Reckless Driving – Driving recklessly or carelessly
- Lack of Truck Care – Poor truck maintenance
- Impaired Driving – Driving under the influence of alcohol or drug
- Negligent to Driving Laws – Failure to observe trucking regulations and safety laws
- Poor Maintenance – Equipment malfunction or defective parts, such as brakes and alert systems
- Poorly Maintained Roads – Poor road conditions or bad weather conditions
Get in Touch Today with Our Marietta Truck Accident Lawyer to Learn More Regarding Your Case
If you or a family member has been injured in a truck accident, you might be eligible to receive compensation for your injuries and damages. If you lost a family member in a truck accident, you can file a wrongful death claim. It is, however, not easy to get full compensation from the insurance company. The insurance company can deny your claim.
Do not let the insurance company deny your claim. Hire a knowledgeable Marietta truck accident lawyer to help you seek justice and compensation for your injuries and damages. Hiring a lawyer can reduce your stress and give you peace of mind. You can trust your lawyer to fight for your rights.
At Diaz & Gaeta, we do whatever it takes to win the truck accident cases of our clients. We hire the best experts to help us determine the cause of the truck accident. We will work hard to prove negligence in your truck accident claim. We do not charge upfront fees. We get paid when we recover your compensation. Contact us at 678-503-2780 to schedule a FREE consultation.
