Truck accidents result in catastrophic injuries because of the weight or size of these vehicles. While serious injuries are prevalent, the most harrowing outcome could be the loss of life. A truck accident is an experience no one should endure, but it is a sad reality for many Georgians. Fatal truck accidents are among the most tragic events on our roads, particularly in a busy metropolitan area like Atlanta. The loss of a loved one in such an accident is devastating, and while no legal action can reverse this loss, an Atlanta truck accident lawyer can offer support in seeking justice and compensation.
Family and loved ones might not know what to do next, but our team can help you find options that work for you. Our Atlanta fatal truck accident attorney is standing by to help victims and families with these claims. Let John Foy & Associates get to work securing the compensation you need.
Georgia Fatal Truck Accident Statistics
In 2020, 4,014 people died in truck accidents, with 84% being passenger vehicle occupants, pedestrians, or bicyclists, according to the Insurance Institute for Highway Safety (IIHS). These statistics are a 28% increase from the prior year.
Major roads account for 47% of all large truck accident crashes. Interstates and freeways account for 36%, and 15% happened on small roads. These statistics show that while truck accidents happen on major highways, they can happen anywhere.
Truck crashes can happen at any time, but they happen most often between 6 am and 3 pm, which is unexpected for some who assume that fatal truck accidents occur during evening hours. Many truck accident deaths occur on the weekend instead of during the week. These accidents lead to severe injuries like spinal trauma, shoulder injuries, and head trauma, among many others.
The attorneys at John Foy & Associates are dedicated to helping families affected by trucking accidents navigate the complex legal aftermath of a fatal collision. If you’re facing such a difficult situation, it’s important to consult with a personal injury attorney in Atlanta who can help you understand your rights and the potential for financial recovery.
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Steps After an Atlanta Fatal Truck Accident
Emotions are running high after a fatal truck accident. While the family is still processing, the insurance company is actively taking steps to destroy evidence and find ways to blame your loved one. For justice, you must take some actions after an Atlanta fatal truck accident.
If possible, gather the names and contact information of everyone involved. You must also preserve any evidence from the screen you uncover during the process.
After death, an autopsy must be performed on the deceased as it can provide essential evidence of how the truck accident contributed to the death. In some truck accident cases, the media gets involved, and the family is asked to make a statement. Your Atlanta fatal truck accident attorney can advise you on what you can and cannot say in your statement since opposing counsel can use your statements as evidence.
Determining and Proving Fault After an Atlanta Truck Crash
The focus of fault will be on the truck driver because they have a higher responsibility to ensure they are following federal regulations and keeping others safe. Most truck accidents are their fault, and the most common reasons they cause these accidents are:
- Unfamiliar with the road
- Drug or alcohol use
- Driving too fast for the conditions
- Driver fatigue
The biggest hurdle in proving fault is that Georgia is a comparative negligence state, so the court can find both parties partially responsible for the accident. However, your fatal truck accident lawyer in Atlanta, GA, can provide evidence that helps the deceased’s family’s claim.
Filing a Fatal Truck Accident Claim
The aftermath of a truck accident is chaotic, and you must enlist the help of a fatal truck accident attorney in Atlanta, GA, to commence the claim process. It is a daunting task for a grieving family, and our team can alleviate the stress. Understanding what to expect can relieve families’ stress and manage expectations.
Before filing a claim, your fatal truck accident lawyers will conduct a preliminary investigation. The insurance company is also conducting an independent investigation into the crash.
The evidence we will gather from the family regarding the accident can include medical bills, proof of lost income, photographic evidence, and more. As the family, you must provide documentation to your fatal truck accident lawyers. The family lawyer communicates with the family and also the insurance company to move the process along.
During the claim process, your fatal truck accident lawyer will negotiate with the insurance company for a favorable settlement. Unfortunately, the insurance company is determined to offer grieving families low settlements. Negotiations will go on for some time until a resolution is reached, but if there is no adequate resolution, your lawyer will prepare your claim for litigation by filing a lawsuit.
Recovery from a Fatal Truck Accident Claim
Your loved one is gone, but you still have the right to recover compensation for their accident. Spouses and dependents of the deceased can be awarded damages. You can recover compensation for lost income the victim would have made during their life and medical expenses they incurred from the accident.
You can also receive payment for funeral or burial expenses. Fatal truck accident lawyers can also seek substantial damages for subjective losses like loss of companionship and guidance.
If You Were the Victim
If you survive a truck accident, you will have different recovery options. You will have ongoing medical treatment to consider and a potentially permanent injury. You can seek damages for past and future medical treatment, lost wages, lost earning potential, and pain and suffering.
Depending on individual factors, you can also recover property damage expenses, out-of-pocket expenses, and more. Money does not replace a loved one nor cure your ailments, but it holds the negligent party accountable for their actions. The truck driver and anyone who contributed to the accident must face the consequences for their reckless actions.
When truck drivers are especially egregious, families can also recover punitive damages. Still, you must speak to a fatal truck accident lawyer in Atlanta, GA, to see if your case meets the requirements.
Contact an Atlanta Fatal Truck Accident Lawyer Today
Every day families lose a loved one to the reckless actions of a truck driver. These losses are preventable and negligent parties must be held accountable. Many fully loaded semi-trucks weigh 80,000 pounds or more.
Compare a semi-truck to a passenger vehicle and you can see why these are the worst accidents. Families turn to the Atlanta fatal truck accident lawyers at John Foy & Associates to get justice. Schedule a free no-obligation case review by contacting our office today.