Truck accidents are different from other types of accidents considering they are more likely to result in serious injuries and fatalities. The best method to safeguard your rights and rapidly obtain evidence after a truck accident is to speak with a knowledgeable Buford truck accident lawyer.
Our Buford truck accident attorneys at H. Groves Law are familiar with how insurance companies operate and the law in Georgia, which will benefit your case. They will investigate the truck accident, file your claim, communicate with the insurance provider, and, if required, present your case before the judge.
Call us at (770) 329-1868 for a free case review with our Buford car accident lawyers.
Georgia Truck Accident Statistics
Heavy truck accidents claimed 204 lives in 2019, according to the Georgia Governor’s Office of Highway Safety. Below are statistics from the U.S. Department of Transportation about commercial truck accidents in Georgia in 2018.
- 4,136 people lost their lives in collisions involving large trucks. 67% of those were people riding in other vehicles.
- Heavy trucks were at fault for 11% of all fatal collisions.
- Tractor trailers were involved in 74% of fatal heavy truck accidents, compared to 27% of accidents involving single-unit trucks.
What Should You Do After a Truck Accident?
Knowing what to do might immediately after a truck accident might not be easy. However, what you do can impact how much money you receive. Here are some of the crucial steps you should take.
Call 911 and Help Others If You Can
Calling 911 should be your first action following a collision with a large vehicle. Police and other emergency personnel will be dispatched to the accident scene when you dial 911. The police report will be crucial for your truck accident case.
Don’t leave the scene. Instead, ensure every accident victim is safe. Ask for assistance if you or anybody else needs it after checking on everyone.
Exchange Info
Obtain contact details from the truck driver and anyone else involved and copy down the trailer tags, insurance number, and commercial driver’s license (CDL). Use the truck’s serial number if the cab plate is obscured.
Document the Scene, Speak With Witnesses
While you wait for the police, take pictures of the accident scene, the damaged car, your injuries, and the wreckage. Obtain the contact details of any witnesses willing to provide a statement.
Seek Medical Attention
You should be aware that not all injuries will become apparent right away following an accident. Adrenaline will be pumped through your body, temporarily reducing your pain. Even if you don’t think you’re seriously hurt, you should visit the hospital to get examined by a doctor.
Keep copies of all your treatment records, medical bills, and other records.
Contact an Attorney
You want to claim with the trucking company’s insurance provider as soon as possible, but you don’t want to encounter obstacles. Call H. Groves Law to get the legal assistance you need and let them handle communications with the insurance company.
What Are the Laws Regarding Truck Accident Liability?
Georgia is an at-fault state, meaning whoever is responsible for the damages pays for them.
According to the modified comparative negligence rule, you could be eligible for compensation even if you are partially to blame for the accident. However, your share of the fault will determine how much you can receive. Your compensation would be reduced by 10% if you were 10% at fault.
How Can a Buford Truck Accident Lawyer Help?
It’s impossible to understand all of the Georgia laws and federal regulations governing trucking on your own. Our Buford truck accident attorneys will explain the legislation to you and take the following actions.
Investigation / Filing a Claim
We will investigate the situation and establish solid proof of who was at fault and how much damage was caused. We will then present this proof to the insurance provider to demonstrate the extent of your loss. We will use the evidence we uncover to file a compensation claim for the full amount you’re entitled to.
Negotiations
The initial settlement offer you receive from an insurance company will typically be significantly less than the true cost of your damages. When insurers know you have legal representation, they are more likely to accept a larger settlement to avoid a trial. About 90% of injury claims are resolved with a settlement.
Litigation
Most truck accident claims are resolved out of court. There are, of course, certain exceptions. Our truck accident attorneys in Buford are ready to take your case to court to ensure justice is served if the insurance company refuses to agree to a fair settlement.
What Types of Compensation Can I Receive?
The compensation you receive depends on your specific case. Truck accident victims in Georgia can recover three types of damages.
Economic Damages
Economic damages have a monetary value and must be proven with concrete evidence for your claim to be paid out. These may include:
- Current and future medical expenses
- Lost income
- Lost earning potential
- Property damage
Non-Economic Damages
Non-economic damages cover intangible losses whose value can’t be calculated using invoices or receipts. Examples include:
- Pain and suffering
- Disability or disfigurement
- Loss of companionship after a wrongful death
Punitive Damages
Punitive damages are only awarded in some cases. They are used to punish those responsible for accidents caused by extreme carelessness and to discourage the at-fault party and others from reckless behavior in the future.
Georgia law generally limits punitive damages to $250,000. But the jury can award punitive damages over this amount in drunk driving accident cases.
How Much Is My Truck Accident Claim Worth?
Giving an average settlement amount is hard because every truck accident claim differs. However, we can discuss the key factors determining how much a truck accident settlement is worth. Our Buford truck accident lawyers will carefully examine your accident and losses to determine the value of your claim.
The following are some of the key factors.
- Were you partially at fault?
- How much are your medical expenses due to the accident?
- What other financial losses (like lost wages) did you experience?
- What sort of hardship and pain did you suffer?
Is There a Deadline for Filing a Claim?
You typically have two years from the accident date to bring a personal injury case over a truck accident in Georgia. Families must file a wrongful death case within two years of losing a loved one in a fatal truck accident.
However, the time to file your claim might be longer or shorter in certain situations. The best approach is to contact a truck accident lawyer in Buford as soon as possible.
How Is Fault in a Truck Accident Determined?
After a truck accident, your attorney must demonstrate that the responsible party was negligent in order to win compensation for you. This involves proving four elements.
- Duty of care: The at-fault party owed you a duty of care. For example, truck drivers should follow traffic laws and trucking safety regulations.
- Breach of Duty: The at-fault party acted in a way that was careless or reckless.
- Causation: The responsible party’s negligent actions directly caused the accident.
- Damages: You suffered injuries and losses. Damages can include medical bills, lost wages, etc.
Can a Lawyer Prove the Truck Driver Was Negligent?
Truck accident investigations are different from car accident investigations as there may be different types of evidence in a truck crash that aren’t present in a normal vehicle crash.
Many trucks have electronic data recorders, popularly known as black boxes. Important details such as a truck’s speed, when the driver used the brakes, the driver’s steering inputs, and more can be determined using these devices.
The police accident report, witness statements, photos and videos of the scene, and accident reconstruction can help prove the truck driver was at fault. Our attorneys will carefully review all the evidence to build a strong case.
Who Can Be Held Liable?
Determining who is liable for a truck accident can be complicated, since more than one party may be at fault. Here are some examples of who could be held accountable.
- The truck driver for not following traffic laws or trucking regulations.
- The trucking company if they hired unqualified drivers.
- The company that loaded the truck if improper loading caused the accident.
- The vehicle or parts manufacturers if a defective part caused the accident.
Common Causes of Truck Accidents
When truck drivers make mistakes, they can cause serious and even fatal accidents. Here are a handful of the most frequent causes of truck collisions.
- Driver Fatigue
- Reckless Driving
- Oversized or Improperly Secured Freight
- Drug Use
- Lack of Truck Maintenance
- Poorly Trained or Inexperienced Drivers
- Equipment Malfunction
- Poor Road Conditions
- Distracted Driving
Contact H. Groves Law After a Truck Accident in Buford!
Truck accidents are complex, with numerous potential causes and parties involved. Our Buford truck accident lawyers excel in handling these cases. Without legal representation, it is very difficult to determine the scope of your losses and negotiate the maximum settlement.
H. Groves Law, we understand how difficult it is for truck accident victims to deal with injuries, medical bills, and other financial stresses. Our truck accident attorneys will put in every effort to ensure that you receive the compensation you are due.
Call our law firm near Buford, GA at (770) 329-1868 for a free consultation and case review.
