Commercial Trucking Accidents
Society today relies heavily on the trucking industry, which means there are millions of trucks on U.S. highways all day every day. These massive vehicles outweigh the average commuter vehicle by 20 or 30 to 1, which means collisions between trucks and cars almost always result in serious injuries for passengers and drivers in Atlanta, GA.
Insurance companies have an incentive to minimize the cost of injury claims by aggressively disputing and undervaluing the claims filed by injured car passengers and drivers. Having experienced and knowledgeable legal representation based in Atlanta, GA may increase your chance of negotiating fair compensation.
Truck accident claims are more complicated for a few primary reasons:
Truck drivers and companies are required to follow a variety of rules the average driver doesn’t need to worry about, like limits on shift length, maintenance rules and licensing requirements. Proving the truck driver or company involved in your crash was violating FMCSA rules may increase your chance of pursuing a successful claim.
A common issue in Atlanta auto accidents are policy limits. People with catastrophic injuries, like spine injuries or brain injuries that leave them with disabilities, often have significant ongoing care costs and lose the ability to work or earn a living. The one silver lining of being involved in a truck accident is being able to file a claim against commercial liability policies with much higher policy limits, meaning you may be able to negotiate a settlement that better covers the totality of your damages.
Investigating these crashes can be complex. There may be more evidence available if you and your legal team know where to look. For example, your attorney should immediately send the trucking company a letter of preservation (spoilation letter) to ensure there will be consequences if they destroy records or information that may be relevant to your case. Examples of evidence unique to truck accident cases include:
This information can bolster your version of events and help establish a pattern of behavior or corroborate your claim. An experienced attorney can help you protect and gather this evidence.
Atlanta, GA Truck accident lawyer Cameron Hawkins understands how devastating these accidents can be for Atlanta families. An accident that results in catastrophic injuries, permanent disabilities, scarring or PTSD can result in drastic, long-term negative consequences for your quality of life. It’s important you recover the resources you need to begin the process of healing and ensure you can continue living comfortably.
Insurance companies are not charities. A key tenant of their business is minimizing claim payments where possible, which means they may be actively trying to dispute your version of events or the cost of your medical treatments.
Working with an attorney who is thorough and has a client-first mentality may increase the likelihood of reaching a fair negotiated settlement. Our team understands how insurance companies operate and knows how to investigate truck accidents. We’ll leave no stone unturned as we aggressively pursue the facts of your case.
Any type of accident can turn your life upside down. In most car accident cases, people can physically recover, have their car repaired or replaced and move on with their lives relatively quickly.
Truck accidents that leave victims with permanent disabilities or long-term chronic pain are another matter. If you or a loved one are struggling to cope with the insurance company and legal system after being involved in a traumatic truck accident in Atlanta, the Law Office of Cameron Hawkins is ready to help. Call us at (678) 921-4225.
A commercial truck accident is usually serious in nature. Trucks are significantly bigger, heaving and more powerful than regular cars. When one or more vehicles collide with a commercial truck, the injuries victims suffer can be severe.
If your physically able to do so, the first thing you should do is seek medical assistance. Call 911 for emergency medical help and report the accident to law enforcement. Upon the police’s arrival, don’t admit fault and avoid making assumptions. Admission of fault could be used against you later on when you submit a personal injury claim.
Traditionally, you should try to take pictures of the vehicle damage and accident scene immediately after a crash. Because of the inherent violence of truck crashes and the likelihood of serious injuries, people involved in truck accidents often aren’t capable of collecting evidence on their own. In those situations, it is often in the injured person’s best interest to consult with a personal injury attorney as soon as possible. An experienced truck crash lawyer can get started on the investigation while evidence can still be easily collected.
Unlike in “regular” motor vehicle accidents where fault is shared between the involved drivers, liability in commercial truck accidents can extend to a number of potential third parties, including the driver, their employer (the trucking company), truck maintenance providers, manufacturers and even cargo loaders.
If you were injured in a truck accident, it’s important to seek the help of a personal injury attorney who can help determine who may be held responsible for your injuries based on the circumstances of the accident. Establishing liability is key to seeking compensation for your damages.
Proving fault in a commercial truck accident is a complex and frequently complicated process. Since the burden of proof lies on you—the plaintiff, you’ll need to gather pertinent evidence to prove your claim. Your lawyer can take steps to collect and present evidence such as eyewitness statements, police reports, the truck’s black box data, surveillance footage and driver logs.
Obtaining some of that evidence requires working with the defendants, which isn’t always easy to do on your own, especially if the other parties have an interest in preventing you from obtaining potentially damaging facts. A skilled and experienced lawyer can help.
As a victim of a commercial truck accident, you’re entitled to pursue two types of damages—economic and non-economic. Economic damages pertain to tangible losses like medical expenses, lost wages and property damage. Non-economic losses are more difficult to quantify and relate to the pain and suffering you’ve endured in the aftermath of the accident.
In cases of extreme negligence, the plaintiff can also pursue punitive damages, which, as the name implies, are meant to punish the liable party and deter them from engaging in similar behavior in the future.
Your attorney will assess the specific details of your case to determine the appropriate damages to pursue.
In Georgia, the statute of limitations for filing a commercial truck accident lawsuit is typically two years. This means you generally have two years from the date of the accident to file a lawsuit against the liable parties, which may include the truck driver, the trucking company or other potentially liable parties. Consulting with a legal professional will help you understand the specific details and deadlines related to your case, as there can be exceptions and variations based on the circumstances of the accident.
One thing is universally true—the sooner you take legal action and file a claim, the better your chances of a favorable outcome.
The trucking company's insurance plays a significant role in your claim, as it typically covers the liability of the truck driver and the company. An attorney will work with the insurance company to negotiate a settlement that fairly compensates you for your injuries.
If a fair settlement cannot be reached, your attorney may advise taking the case to court.
The duration of a commercial truck accident case can vary depending on several factors, including the complexity of the case, the extent of your injuries, the willingness of the insurance company to offer a fair settlement and court availability.
While some cases are resolved within months, others may take a year or more. Your attorney will provide you with a more accurate timeline based on the specifics of your case.
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