A fatal truck accident turns everyone’s lives upside down, and while families are reeling, insurance companies are taking action. Truck accident claims are complex because there are multiple defendants, commercial insurance policies, and federal and state safety regulations to consider.
Our team works with families suffering from the consequences of fatal truck accidents to file wrongful death claims. Families have no idea where to start or how to handle the legal elements of a wrongful death claim. When families need a Columbus fatal truck accident lawyer, they come to John Foy & Associates because we are confident in our abilities to build a case and succeed for our clients.
Fatal Truck Accident Statistics
The Federal Motor Carrier Safety Administration has statistics that state 30% of fatal truck accidents happen on interstate highways, and 60% happen on rural roads. In 2018, over 4,500 large truck accidents resulted in death. Over the ten years between 2010 and 2020, there was a 27% increase in fatal large truck collisions.
You have a higher chance of getting into a truck accident during the weekdays than on weekends. Drivers of large trucks have many regulations to adhere to, and statistics show that 7% of drivers in fatal truck crashes were 25 years old or younger, and 6% were over 66 years old.
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How to Prove Truck Driver Fault
Negligence and fault are instrumental in fatal injury claims, and the truck driver is the likely culprit. However, while the family believes they know who is at fault, proving it is challenging.
Driver negligence is to blame for fatal truck accidents. The most common reasons are:
- Hours and service rules violations
- Violation of traffic rules
- Improper loading
- Mechanical defects
- Improper maintenance
Truck accident liability is complex because multiple parties are involved in truck loading, operating, and maintenance. Determining which of these causes is to blame for the accident is the first step, but families must also prove who is to blame for them. Among the aspects of determining fault in your fatal truck accident, lawyers must determine which party is responsible for the accident and find evidence to support it.
Georgia and Comparative Negligence
One complication of truck accident claims is comparative negligence. Essentially, both parties can be partially at fault for the accident happening. A fatal truck accident lawyer in Columbus will find evidence that does not negatively impact your claim, and the court will consider various factors when addressing comparative fault.
The court will consider the driver’s operation of the vehicle and if they used reasonable caution and the cause of the accident.
The court will also consider the impact the loss of life had on the deceased’s loved ones. They require substantial evidence regarding these factors to determine comparative negligence. They will award comparative negligence using percentages out of 100%, and the goal is 50% or less.
What Families Can Do After a Fatal Truck Accident
The family focuses on grieving and making burial arrangements when a loved one dies. There are other steps families can take to help with their wrongful death claim. If the family makes it to the accident scene, they can try and preserve evidence and get the names of witnesses and others.
Families must also contact a fatal truck accident lawyer in Columbia, GA, who can handle communication with the insurance company and evidence collection efforts.
The family must also avoid making statements to insurance companies and the media without the assistance of a fatal truck accident lawyer in Columbus, GA, who can help craft an accurate statement. When families speak to the media about their loved ones, the insurance company can put these statements into evidence. However, our law firm can guide you on what you can say to the media and on your social media platforms. Everything you say is used in a wrongful death claim.
How the Fatal Truck Accident Process Works
Upon hiring a fatal truck accident attorney in Columbus, GA, they will work diligently to investigate your claim by taking the following steps:
- Speak to the victim’s family
- Visit the truck accident scene
- Speak to accident reconstruction experts
- Review policy documents
- Collect photos and videos of the truck accident
- Inspect the truck for malfunctions and faults
- Interview witnesses
A detailed investigation is vital because there are often underlying factors to consider that lead to the accident. These factors can mean there are other parties responsible for the incident. The truck driver, manufacturer, and trucking company are other potential parties responsible.
After an investigation, your Columbus fatal truck accident attorneys will then begin the wrongful death claim process. The process involves using all the evidence found to file documents outlining your claim and the compensation you seek.
Recovery Options for Families
Truck accident victims often wonder what they can recover from a truck accident claim. For survivors of truck accidents, the incident will forever change their life since they can cause permanent injuries. Families seeking justice for their loved ones must also be aware of the compensation possible.
For a Georgia truck accident, victims and families can recover the following damages:
- Mental anguish
- Present and future medical expenses
- Lost wages and future earnings
- Pain and suffering
- Funeral and burial expenses
Families and victims should work with a Columbus fatal truck accident lawyer to determine the applicable damages for their claim. Under Georgia law, plaintiffs have two years from the crash to take legal action. Few exceptions exist to this rule, and if you do not take action, you will lose your ability to get justice.
Contact a Columbus Fatal Truck Accident Lawyer
Losing a loved one is immeasurable, and the legal process is complex. Families who lose someone from the negligence of a truck driver must take legal action by contacting a fatal truck accident lawyer. Our firm is here to help families during this confusing time.
Truck accidents require you to take immediate action and speak to a Columbus fatal truck accident lawyer immediately. Our team is confident handling truck accident cases and you do not pay unless we win. You can contact us to schedule a free case evaluation.
706-400-4000 or complete a Free Case Evaluation form