One thing our Atlanta truck accident attorneys always tell our clients is that there’s a good chance their case will settle. For the most part, most of the cases we handle do settle out of court. Of course, there is no guarantee that this will happen in your truck accident case.
Here, we’ll take a look at why so many truck accident cases settle.
Tractor Trailer Accidents Are Some of the Most Serious of All Motor Vehicle Accidents
Any motor vehicle accident can leave its victims in terrible shape. Drunk driving accidents tend to be more dangerous than others. The same is true for tractor-trailer accidents.
Given the sheer size of the other vehicle, you’ll be lucky to survive this kind of crash. Usually, the trucker is the only one who has a chance of walking away from the crash. Most of the victims our Atlanta truck accident lawyers represent suffer life-changing injuries.
Most Truck Accident Victims Suffer Very Serious Injuries
If you’ve ever seen a truck accident off to the side on the highway, you’ve probably noticed the ambulances there as well. While the tractor-trailer driver may not suffer significant injuries, the same cannot be said for the person in the passenger vehicle.
In many of the cases our Atlanta accident attorneys handle, our clients suffer one or more of the following injuries:
- Traumatic brain injury
- Spinal cord injury
- Neck and back injuries
- Broken bones
- Facial disfigurement
- Burn injuries
- Lost limbs
- Partial or total paralysis
Any one of these injuries, on its own, can change your life dramatically. This is why our Atlanta truck accident lawyers work so hard to get our clients as much money as possible.
You May End Up Disabled As a Result of the Crash
Given the nature and extent of your injuries, you may end up disabled as a result of the crash. You may not be able to do the same kind of work you did prior to the accident.
If this is the case, your Atlanta accident attorney will demand that you be fairly compensated. Some of the damages your lawyer will demand include the following:
- Medical bills and future medical bills
- Lost wages
- Lost future income
- Property damage
- Pain and suffering
- Punitive damages (in limited circumstances)
If your Atlanta truck accident lawyer isn’t able to settle the matter, they may have to file suit. They will need to list these damages in your initial complaint.
Your Atlanta Accident Attorney Will First Have to Prove the Trucker Was at Fault
Before your attorney can discuss damages, they’ll have to prove the truck driver was at fault. Just because their vehicle is so much larger than yours, that doesn’t automatically mean they’re at fault.
As with any other motor vehicle accident case, your Atlanta accident attorney needs to prove negligence. Below, we’ll discuss how they go about doing that.
Your Atlanta Truck Accident Lawyer Will Have to Prove Negligence
To prove fault your Atlanta truck accident lawyer must prove all four (4) elements of negligence.
The trucker owed you a duty of care. When someone gets behind the wheel, they have a duty toward all other motorists.
You also have to prove that the truck driver breached this duty. Your Atlanta accident attorney will need to show that the defendant didn’t behave the way they should have given the circumstances. One way to do this is by showing the truck driver didn’t follow the federal regulations for commercial drivers.
Obviously, you need to show that you were injured. This is why it’s so important that you go to the hospital immediately after your crash.
Your lawyer must prove that your injuries were caused by the accident. With medical records, it will be hard for the defendant to claim something other than the truck accident caused your injuries.
Once your Atlanta truck accident lawyer proves negligence, they’ll look to see if they can prove vicarious liability on the part of the trucker’s employer.
There is a Good Chance the Truck Driver’s Employer Will Be Liable
According to Georgia Code §51-2-2, an employer can be held liable for the acts of their employees as long as two conditions are met. First, you must show that the defendant was, in fact, an employee of the company.
Second, you must show that the defendant was operating within the normal scope of their business at the time of the crash. As far as your case is concerned, as long as the trucker was on the clock when your accident happened, vicarious liability should apply.
More Than 95% of All Personal Injury Cases Ultimately Settle
If your Atlanta truck accident lawyer is able to prove fault, there’s a good chance your case will settle. This is especially true if the trucker’s employer is found liable. The last thing they’ll want to do is have the public learn of their driver’s accident.
Given the need to protect their reputation, the defendant’s employer should be interested in negotiating a settlement. Your Atlanta accident attorney will work hard to settle the case for at least enough to cover your out-of-pocket expenses.
Don’t Wait Too Long to Contact One of Our Atlanta Truck Accident Lawyers
If you’ve been injured in a tractor-trailer accident, there’s a good chance you’re dealing with some rather painful injuries. Our Atlanta truck accident lawyers have represented clients who haven’t been able to work. The good news is that your Atlanta accident attorney may be able to get you compensation for your injuries.
In order for you to get damages, however, your attorney needs to prove negligence. Even though you may insist that the trucker caused the crash, your Atlanta truck accident lawyer still needs to prove it.
We suggest that you contact our office today and schedule your free, initial consultation. Let your lawyer handle the legal side of things while you focus on recovering from your injuries.