Tow truck accidents cause severe injuries in Atlanta. If you were a victim of this type of accident, you probably have costly damages. You’ll need help from an Atlanta tow truck accident lawyer.
At John Foy & Associates, our lawyers have the experience to fight for your rights. We’re not afraid to “strong-arm” the insurance companies for what you deserve. We also will not collect a fee unless we win your case.
To get started with a FREE consultation, contact us today. Call (404) 400-4000 or contact us online for your FREE consultation.
Why Tow Truck Accidents Happen in Atlanta
Tow trucks move impounded, broken down, or improperly-parked vehicles to a new location. While these trucks are crucial for the city of Atlanta, they also pose a safety risk. Tow truck driving can put both employees and other drivers in harm’s way.
Tow truck crashes happen for many reasons. Here are some of the most common ones:
- Distracted driving
- Excessive speeding
- Tired or under-rested driving
- Drunk or drugged driving
- Driver inexperience
- Lack of training
- Improperly-secured cargo
Let’s dive deeper into some of the top causes of tow truck accidents in Atlanta.
Tow Truck Driver Negligence
Tow trucks have hefty cargo. They must carry and transport vehicles to new locations safely. This requires proper diligence and experience from the driver. When a driver is negligent, it can lead to a severe accident.
Drivers must be careful to load and secure each vehicle correctly. They must also operate their truck safely when around other drivers. Unfortunately, tow truck drivers can make mistakes that become fatal.
Negligence from Other Drivers
Tow truck drivers must sometimes respond to emergency calls. They can end up on the side of a hectic road. This situation puts everyone at risk.
Georgia’s Move Over Law covers the rules for passing emergency vehicles like tow trucks. Motorists driving in the lane beside the shoulder must move over one lane if an emergency vehicle has stopped on the side.
The Move Over Law protects both emergency operators and other drivers from crashes. If a driver fails to provide enough room for a tow truck driver, it can cause an accident.
Tow truck drivers must load their vehicles correctly. A large truck carrying another vehicle is hazardous enough. Tow truck drivers must be careful at every stage of their job.
Improper loading can easily lead to a catastrophic accident. The other vehicle can slide on the roadway and hurt other motorists. Or, a poorly-loaded car can cause the tow truck to crash and cause a severe accident.
Tow Truck Company Negligence
Tow truck companies must carefully vet, hire, and train each employee. If a tow truck driver is inexperienced, it’s usually the company’s responsibility. The employer is typically liable for the damages.
Tow truck accidents are often severe. Drivers can suffer life-threatening injuries that cost thousands and prevent them from working. If you sustained injuries in a tow truck crash, you must determine who’s liable.
How Tow Truck Accident Liability Works in Atlanta
In Georgia, the at-fault party in an accident is liable for the damages. As the injury victim, you’re entitled to compensation for your costs (Georgia Code Section 51-12-4).
You can pursue compensation through a personal injury claim with the at-fault party’s insurance company. The burden is on you to prove that:
- The at-fault party was negligent,
- The party’s negligence caused your accident, and
- You suffered injuries and other damages from the crash.
You’ll need to determine who was at fault for your accident. Then, you must gather information to support your claim. You’ll also need to calculate your total damages before filing your claim.
An Atlanta tow truck accident lawyer can help. At John Foy & Associates, we’ll build a strong personal injury claim proving the above. We are not afraid to fight the compensation you deserve.
To get started with a FREE consultation, call (404) 400-4000, or contact us online.
Damages You Can Claim in a Tow Truck Accident
You can include any losses from the accident in your claim. Consider all damages you’ve experienced that wouldn’t have happened without the accident.
Personal injury damages are both economic and non-economic. Let’s look at each.
Economic or special damages have a set dollar amount. You can show these losses through documents like bills and receipts. Examples of monetary damages include:
- Emergency medical treatment
- Medical bills
- Prescription medications
- Future medical care
- Lost wages
- Loss of earning capacity
- Property damage
A tow truck accident lawyer will help you calculate these damages. They’ll also assist in compiling proof of each loss.
Non-economic or general damages are more complicated. You cannot prove these losses through monetary amounts. Non-economic injuries are about how the accident has impacted your life.
Examples of non-economic damages include:
- Pain and suffering
- Mental anguish
- Emotional trauma
Your lawyer will determine your non-economic damages. They’ll use a formula to put a dollar amount on your pain and suffering.
Of course, it seems weird to assign money to emotional suffering. But this is the only way the law knows to compensate you for what you’ve lost. We find that non-economic damages help victims and their families begin putting the pieces back together.
Handling the Insurance Company After Your Accident
After a tow truck accident, you’ll file your claim with the at-fault party’s insurance company. The insurance company will respond to your claim. Many times, you’ll get a lowball settlement offer.
Insurance companies do not like to pay much on injury claims. Even if the insurance adjuster seems friendly, they are not on your side. The adjuster is looking for ways to reduce what they have to pay you.
Insurance companies routinely use tactics like:
- Calling you and using something you say against you,
- Offering you a lowball settlement and hoping you’ll take it,
- Downplaying the severity of your injuries,
- Making you feel like you don’t need a lawyer, and
- Intimidating you into accepting a lower settlement.
Do not accept anything from the insurer without a lawyer on your side. It’s best to avoid any communication with the insurance company without a lawyer. Your attorney can speak with the insurer on your behalf.
If the insurance company sends you a lowball offer, your lawyer will negotiate for a better settlement. If the insurance company doesn’t settle, your lawyer can prepare to go to court.
Talk to an Atlanta Tow Truck Accident Lawyer for Free Today
At John Foy & Associates, we’ve been helping accident victims for over 20 years. Our lawyers do not charge a fee unless we win you money. So, you can get started without any upfront costs.
To get a FREE, no-risk consultation, call (404) 400-4000, or contact us online.