If a delivery truck driver made a mistake and caused your accident, you need to know your rights. As someone injured in Columbus, you can pursue compensation for your accident damages. Our Columbus delivery truck accident lawyers can help you, starting with a free consultation.
You might be entitled to total financial recovery. However, there is limited time. You must bring a legal case within two years, and the time goes fast. We’re ready to discuss your accident and get started. Take immediate steps to secure compensation with a Columbus truck accident lawyer.
Who Is Responsible for the Damages in a Delivery Truck Accident?
First, it depends on whose actions caused the accident.
Driver or Trucking Company
If the delivery truck driver caused the crash, the driver or the driver’s employer could be responsible.
If the driver is an employee, the trucking company is probably liable. (Georgia employers are responsible for their employees’ actions, according to OCGA §51-2-2.)
If the driver is an independent contractor, the driver might be liable for their own actions.
Sometimes, a third-party driver is at fault for an accident involving a delivery truck. That driver and their insurance company would be liable.
Delivery trucks must receive routine maintenance. If mechanic-related issues led to the accident, the person or company that worked on the truck could be responsible.
Truck defects can also sometimes lead to accidents. A defective truck or truck parts might have contributed to your crash. If so, you could have a case against the manufacturing company.
Many times, a driver or trucking company is responsible for the accident. That means you probably have a legal case against the driver or company.
Get the strong arm
What to Expect from an Accident Settlement
Your goal should be to recover money for all of your accident damages. However, getting a fair settlement offer takes work. Call for a Columbus personal injury lawyer for filing a personal injury case on your delivery truck accient.
Every accident settlement is different. Depending on the details, a settlement could be thousands of dollars, hundreds of thousands, or millions of dollars. It’s best to speak with a lawyer for a reasonable estimate regarding your case.
Filing an Insurance Claim
In Georgia, the at-fault party in a truck accident is responsible for the costs. Drivers should have auto insurance coverage to pay for the damages.
As the injured person, you can file a claim with the responsible party’s insurance. The first legal step is usually to send a demand letter to the insurance company. Your letter should outline:
- Details about what happened in the accident
- Your financial losses from the accident
- How much you’re requesting in compensation
The insurance company will often respond quickly. You might even get an offer that seems tempting. But beware because it will be a lowball amount.
Talk to a lawyer before accepting any insurance money. You’ll need to make sure the offer is fair for what you’ve lost. Otherwise, you could end up paying out-of-pocket for damages you didn’t cause.
At John Foy & Associates, we can discuss your case and what you should do. No strings attached. To get your free consultation, call (404) 400-4000 or contact us online.
Adding Up Your Damages
An accident can lead to damages like:
- Medical bills
- Prescription drug costs
- Lost income
- Loss of earning potential
- Vehicle repair or replacement costs
- Pain and suffering
Make sure you know all of your damages before filing a claim. That includes future medical treatment.
Some accident injuries are more severe than they seem at first. You’ll also need to know the value of your pain and suffering, which requires a legal formula.
Pain and suffering damages are usually the total of your financial costs times between 1.5 and five. Your lawyer can help determine the most accurate calculation for your pain and suffering.
Partial Fault in the Accident
If more than one person is responsible for an accident, that can also affect your settlement.
If you were partly at fault, your damages are reduced by your percentage of fault. For example, if you have $100,000 in damages and you were five percent at fault, you could only recover $95,000 of your damages.
Don’t let the other side blame you. The insurance company might try to avoid liability by saying you were partially at fault. Instead, talk to a lawyer who can investigate.
You should not have to pay for any part of an accident you didn’t cause.
How to Sue for Truck Accident Damages
Most accident cases end with a settlement. The injured party reaches an agreement with the other side before having to go to court.
But there are exceptions. For some people, going to trial is the best option.
You might need to go to court if:
- You have substantial damages.
- The insurance company won’t negotiate for a fair offer.
- The insurance company denied your claim.
- You won’t get enough within car insurance limits.
Ultimately, it all comes down to money. The responsible party should compensate you for what the accident took. If you cannot wait close to what you deserve, going to court might be best.
Don’t Wait to Get Started
The deadline to bring a legal case in Georgia is two years, according to OCGA §9-3-33.
If you miss the deadline, you’ll be unable to recover anything from the accident. You will also need time to gather evidence and build a case.
Plus, evidence can disappear quickly. Memories can fade fast. To preserve as much as possible and protect your rights, contact an experienced lawyer today.
Speak with a Columbus Delivery Truck Accident Lawyer
Learn how to seek fair compensation from your accident today. Contact John Foy & Associates for a free, no-risk consultation. You pay us nothing unless we win your case. Call us at (404) 400-4000 or contact us online for a free consultation today.