Although truck accidents are not as common as regular car accidents, when they occur, they are serious. Victims are often left with severe injuries and steep medical bills. The good news is that Georgia law gives you the right to seek compensation if someone else was responsible for the truck accident.
Winning the compensation you deserve isn’t easy. Trucking companies have a team of experienced attorneys to protect them against lawsuits. This is where our Winder truck accident lawyers come into the picture. We will fight for you in settlement negotiations with insurance companies and in court if needed.
What Should You Do After a Truck Accident?
There are specific actions you must take to safeguard yourself and your legal rights after being involved in a truck accident in Winder, Georgia. Here’s what you should do immediately after an accident.
Police must be notified of every collision that results in injury or property damage. You should call the police to the scene of the accident so they can file an accident report.
Call the Winder Police Department’s non-emergency number if you merely need to make an accident report, but call 911 if you think someone may have been hurt.
Get Medical Aid as Soon as Possible
Getting medical aid should be the top priority if someone is gravely injured. Even if you don’t believe you were injured, you should consult a doctor as soon as possible following an accident.
Some significant health conditions, like internal bleeding and organ damage, may not immediately show symptoms. In some cases, injuries sustained can end up being more severe than initially thought. Medical documentation linking your injuries to the accident is critical for your compensation claim.
Take Photos of the Accident Scene
If you can, take photographs of the accident scene, your car, the truck that hit you, and any other cars involved in the accident. Photos of the accident scene can be useful in demonstrating how the crash occurred.
Get Names and Contact Information
Make sure you obtain the truck driver’s contact information, his/her insurance provider’s details, as well as the name of the company he or she works for. It’s also a good idea to acquire the contact information of any witnesses who might be able to support your account of what happened.
Do Not Admit Fault
While cooperating with the authorities is crucial, you must avoid saying anything that implies you were at fault. Answer the questions truthfully. Don’t speculate, and don’t reveal unneeded facts or apologize for the accident.
Do Not Talk to Insurance Adjusters Before Consulting a Lawyer
When an insurance adjuster from the trucking company contacts you, avoid saying anything that could jeopardize your right to compensation. You are not required to talk to the adjuster. Do not sign any insurance company paperwork or documentation without first seeking legal counsel.
Get in Touch With a Lawyer Right Away
Truck accident cases are complex, so don’t handle things alone.
Our attorneys at H Groves Law offer truck accident victims in Winder, Georgia professional legal counsel and representation on a contingency fee basis. We offer free consultations and only get paid after we’ve won compensation for our clients.
What Are the Laws Governing Truck Accident Liability in Georgia?
Truck drivers in Georgia must meet additional legal obligations as well as follow standard motor vehicle laws. Below are some important laws and regulations that are used in determining truck accident liability.
Federal and State Safety Regulations
Truck companies and drivers must obey both state and federal safety regulations. The federal regulations are governed by the Federal Motor Carrier Safety Administration (FMCSA). There are rules concerning drug and alcohol testing, how long truckers can drive without a break, and more.
The Georgia Department of Public Safety’s Motor Carrier Compliance Division oversees safety rules for commercial vehicles in Georgia.
Georgia is a state that uses modified comparative negligence. This means that you can recover compensation if you are partly responsible for an accident, but only if your share of fault is less than 50%.
The amount you receive will be based on your share of the blame. If you are 30% at fault in the accident, you can claim up to 70% of the total compensation determined by the insurance company or jury.
How Can a Winder Truck Accident Lawyer Help?
There are many benefits to having an experienced truck accident lawyer help you. Below are just a few ways a Winder truck accident attorney at H Groves Law can help you.
We will extensively examine the available evidence and seek more evidence through investigation if need be. The additional evidence we obtain might include black data from the truck, which might prove negligence. This evidence will help establish fault and create a rock-solid truck accident claim.
Filing a Claim
Truck accident claims involve lots of paperwork and must be filed within a stipulated time window. We will handle the entire process of making sure that all paperwork is filed appropriately and submitted on time.
Insurance providers are for-profit enterprises that have a massive incentive to pay as little compensation as possible. At H Groves Law, our legal team will take handle negotiations with the insurance provider and prevent you from being pressured to accept a low settlement.
In case the insurance company refuses to agree to a fair settlement, we will file a lawsuit for you and represent you in court. We will do everything we can to ensure the court grants you a favorable judgment.
What Types of Compensation Can I Receive in Winder, GA?
Georgia truck accident victims can seek three types of damages.
Economic damages are compensation for any financial losses related to the accident. This can include current and past medical expenses, property damage, lost income, and more.
This covers any losses that relate to pain and mental anguish suffered. Victims can recover compensation for losses like trauma, loss of quality of life, emotional anguish, and more.
These damages are awarded to the victim as a way to punish the liable party(s). Courts only award punitive damage if the at-fault party acted with malice or disregard for others’ wellbeing.
Georgia law limits punitive damages to $250,000. But the court can award punitive damages over this amount in drunk driving accident cases.
Is There a Deadline for Filing a Truck Accident Claim in Georgia?
In Georgia, you must file a personal injury case within 2 years starting from the date of the truck accident. For property damage claims, you have four years after the accident to file a claim. If your loved one was killed, you must file a wrongful death case within two years of the death.
The deadline can be shorter or longer in some cases.
How Is Fault in a Truck Accident Determined in Georgia?
To prove liability in a civil court, your Winder truck accident lawyer will need to show the party at fault was negligent and that this negligence was the reason for the accident. This can be achieved by fulfilling the following four elements.
- Duty of care – Your lawyer must prove the at-fault party owed you a duty of care. All truck drivers should follow traffic laws and safety regulations.
- Breach of duty of care – This is all about showing how the offender broke the rules and regulations.
- Causation – Your lawyer must prove the defendant’s breach of duty caused the accident.
- Damages – Your lawyer must provide evidence of your injuries and losses. Proof of damages can include medical bills, etc.
Can a Lawyer Prove The Truck Driver Was Negligent?
Yes. Your truck accident lawyer will help collect evidence to prove the truck driver was negligent. A few examples of evidence that can show the driver was negligent include traffic cameras, accident photos, speedometer records, police reports, expert witnesses, and more.
Who Can Be Held Liable?
When it comes to truck accidents, several parties can be held liable. It will depend on what caused the accident.
Responsible parties could include:
- The truck driver
- The trucking company
- The company responsible for loading the truck
- The parts and vehicle manufacturers
What Are the Common Causes of Truck Accidents?
Some of the most common causes of truck accidents include:
- Poor road conditions
- Defective parts
- Lack of proper truck maintenance
- Inexperienced or poorly trained drivers
- Oversized or poorly secured freight
- Drunk driving/drug use
- Reckless driving
- Distracted driving
- Driver fatigue
Call Our Winder Truck Accident Lawyers Today!
If you are injured in a wreck with a large truck, you will need the services of an experienced truck accident attorney in Winder, GA, to ensure you get fair compensation. Remember, trucking companies have a team of experienced attorneys to protect them against such lawsuits.