Are you contemplating suing a trucking company after an accident? Accidents with 18-wheelers and other commercial trucks are life-threatening, and the likelihood of serious injuries is high. Victims often require expensive, long-term treatment and care.
You may be entitled to financial compensation if you were injured in a truck accident caused by someone else’s negligence. However, truck accident claims are often complex and the insurance companies and truck companies will fight to avoid or minimize any payout.
Therefore, securing the services of an expert Norcross truck accident lawyer is essential to getting the compensation you deserve. The Herro Law Firm has extensive experience in these cases and will fight for your rights.
Truck Accident Statistics in Georgia
While truck accidents are rare compared to auto accidents, they have a significantly higher fatality rate. According to the Insurance Institute for Highway Safety (IIHS), on average, Georgia records between 180 and 230 fatal truck accidents each year.
According to the Georgia Governor’s Office of Highway Safety, Georgia saw more than 135 fatalities in 2018 in truck accidents. While this was a drop of 37.5% from 2017, the number increased to 204 in 2019. Georgia was ranked 4th among the states with the highest number of truck accidents in 2016.
Generally, occupants of the passenger car involved in a truck accident are more likely to die than the truck driver. The figures show that truck drivers die in less than 15% of truck accidents while the drivers of passenger cars are killed 57% of the time.
What Should You Do After a Truck Accident?
The stakes in a truck accident claim are often high, and it is important to ensure that you take all the right steps. For the best outcome in your case, here’s what you need to do.
It is important that you call 911 after any accident, especially a truck accident. The police will respond to the scene, investigate the accident, and help determine the exact cause of the accident and who’s at fault. They will also call the paramedics. Keep in mind that most insurance companies require an official police report to accept a claim.
Help Others and Exchange Info
Your next step should be to assess your surroundings, check on others and render help where necessary.
Ensure to collect the contact details and insurance information of the other driver(s) involved in the accident. You should also provide your details to the other driver(s).
Document the Scene, Speak with Witnesses
If you are able to, make sure to take photos and videos of the scene of the accident as this will be crucial in proving your case later on. Also, note down any details that may be crucial to your case and speak to any witnesses available at the scene and collect their contact details.
Seek Medical Attention
This is the most crucial step after a truck accident, even if you are feeling fine. Seeking medical attention will help to identify any hidden injuries that may take time to manifest. This will help to ensure you get proper treatment fast. Also, having your injuries documented by a physician will make it easier to prove your claim.
Contact an Attorney
When it comes to filing a truck accident claim, it is in your best interest to get an experienced attorney involved as soon as possible. An attorney will be able to guide you on the best course of action and will be instrumental in protecting your right to fair compensation.
How Can a Norcross Truck Accident Lawyer Help?
When a car is involved in an accident with a truck, the injuries and property damage can be devastating. The car’s driver and passengers often sustain severe or even fatal injuries.
Luckily, truck accident victims don’t have to face these challenges alone. With the help of our team at The Herro Law Firm, truck accident victims and their loved ones can recover the compensation they deserve.
Our Norcross truck accident lawyers will help you with:
When we take on your case, we start by conducting a thorough investigation. We will interview witnesses, review police reports and medical records, and seek out other evidence such as truck driver logs and traffic camera footage.
Filing a Claim
Our experienced lawyers will help you determine the potentially liable parties for your case and help you file the claim. We will file the correct paperwork and meet the set deadlines.
Most personal injury lawsuit settlements, including truck accident cases, are settled out of court. Our truck accident attorneys in Norcross will handle the negotiations with the insurance company on your behalf and fight for maximum compensation. Insurers try to push victims into accepting less than they deserve, but we will ensure you are not taken advantage of.
If the insurance company is uncooperative or doesn’t present a fair settlement offer, we will prepare your case for trial. We will ensure that we have all the necessary facts and evidence to present a strong case before the court.
What Types of Compensation Can I Receive?
The compensation truck accident victims in Georgia can receive varies depending on the details of the case. Courts may award three types of damages.
These are damages that can be calculated using financial records, and include:
- All medical expenses incurred as a result of the accident
- Loss of income
- Loss of earning capacity
- Rehabilitation costs
- Property damage
These damages don’t have an objective monetary value, and the amount of compensation is decided by the court. Examples include:
- Emotional distress
- Disability, etc.
Punitive damages are not designed to compensate truck accident victims but instead to punish the at-fault party for gross negligence, malicious, or reckless actions. They also help to discourage others from similar behavior. Punitive damages in Georgia are capped at $250,000.
How Much Is My Truck Accident Claim Worth?
The value of your claim depends on the severity of your injuries as well as damages. If the truck accident was severe, you may qualify for millions of dollars in compensation. A competent lawyer in Norcross, Georgia will help you figure out the worth of your claim.
Is There a Deadline for Filing a Claim in Georgia?
Georgia has a strict 2-year time limit for filing personal injury claims, including truck accident claims. If you don’t file your case within two years from the date of the accident, you lose the right to seek compensation.
There are some situations where the deadline can be extended. Our truck accident attorneys in Norcross can help you know if any of these apply to your case.
How Is Fault in a Truck Accident Determined in Georgia?
Fault in the state of Georgia is governed by the doctrine of negligence. For any party to be held liable for your injuries and damages, you have to prove the following elements of negligence.
- The at-fault party owed you a duty of care.
- The at-fault party violated this duty of care.
- The accident was caused due to the at-fault party’s negligence.
- You suffered actual damages as a result of the accident.
Georgia is a modified comparative negligence state. This means that you can recover compensation if your percentage of fault is below 50%, however, your amount of compensation will be reduced by your percentage of fault.
Can a Lawyer Prove the Truck Driver Was Negligent?
Experienced truck accident lawyers in Norcross can help prove that the truck driver was negligent at the time of the accident. We will argue that the driver breached their duty of care by acting in a manner that put you in harm’s way.
A driver who violates any traffic laws or FMCSA regulations is guilty of negligence. We will gather evidence like truck maintenance logs, witness statements, police reports, etc. to prove our case.
Who Can Be Liable?
Several parties could be liable for a trucking accident. This is one of the reasons why personal injury claims involving truck accidents are so complex.
Our Norcross truck accident lawyers will conduct a thorough investigation to identify the liable party or parties, which can include:
- The Truck Driver
- The Trucking Company
- The Company Who Loaded the Truck
- The Vehicle or Parts Manufacturers
What Are the Common Causes of Truck Accidents in Georgia?
Some of the most common causes of truck accidents include:
- Driver Fatigue
- Reckless Driving
- Driving Under the Influence of Alcohol
- Distracted Driving
- Oversized or Improperly Secured Freight
- Poorly Trained or Inexperienced Drivers
- Defective Vehicle Parts
- Poor Road Conditions
Get Help From Experienced Norcross Truck Accident Attorneys!
Because of their sheer size and speed, commercial vehicles like big rigs, 18-wheelers, and tractor-trailers present a considerable risk on the roads and highways of Georgia. If you are injured in a truck accident, you will most likely need a lot of financial support to cover your medical bills, lost income, and other challenges.
The skilled attorneys at The Herro Law Firm have helped many truck accident victims in getting justice and the rightful compensation. Our dedicated Norcross legal team is ready to help with your case! Call us at (404) 433-6876 to book an appointment for a free case review today.