In Dalton, many of the most complicated and severe accidents involve large trucks. If you or someone you love has been the victim of this kind of accident, you should speak to a truck accident lawyer in Dalton, Georgia, immediately.
Contact our Dalton personal injury lawyer today to discuss the details of your case.
Atlanta personal injury lawyers have your back and understand that the physical and financial pain you and your family have suffered should see justice. With an experienced legal team, you can confront the other party’s insurance company and have the confidence to demand a fair and just settlement.
Truck Accidents Compared to Other Car Accidents
Under Georgia state law, all vehicle accidents are treated the same; the driver who is at fault for the accident is liable for the cost of all injuries and damage. Truck accidents, however, are different because of the sheer amount of damage that they typically involve.
Semi-trucks are simply larger and heavier than any other vehicle on the road, making them extremely dangerous. A fully loaded tractor-trailer can easily weigh 80,000 pounds (40 tons)—the equivalent of 23 normal cars. When this much momentum is involved in an accident, other vehicles pay the price and any truck accident victims will end up facing severe injuries.
There are other factors that make truck accidents different:
- Large trucks cannot stop as quickly as other vehicles, making it harder to minimize the effects of a collision.
- Truck drivers may not be able to see what is around or behind them.
- Many drivers are given aggressive delivery schedules, making speed and fatigue a factor in countless accidents
- Semi-trucks may carry hazardous or flammable substances
Common Causes of Truck Accidents in Dalton, GA
There are as many causes as there are individual truck accidents in Dalton. However, there are some factors involved in numerous truck accidents. These include:
- Driver fatigue. One-third of all truck accidents involve driver fatigue.
- Poor vehicle maintenance. When given roadside inspections, roughly one in three semi-trucks fail to meet standards.
- Drivers not following safety rules. In surveys, more than half of truck drivers admit that they have falsified their road logs to stay behind the wheel longer than the law allows.
Of course, most truck drivers are professionals who do their best to drive safely. However, trucking companies give their drivers grueling road schedules and push them to deliver their cargo as quickly as possible. With this pressure to drive faster and stay on the road longer, the result is that fatigue, distraction, and unsafe driving play a role in many truck accidents.
A truck accident lawyer in Dalton, GA, can determine the responsible party and what caused your specific collision.
What to Do After Being in a Truck Accident in Dalton
If you’re wondering what to do after your truck accident, the most important thing to do is to get emergency medical attention for anyone who needs it. If you are able to, take basic steps to protect yourself and your rights. A few other steps you can take after the accident include:
- Talking to witnesses. If there are any bystanders at the accident scene, talk to them. Ask them what they saw and for their contact information.
- Taking pictures. The more pictures you have of the accident scene the better. These can help reconstruct what happened later.
- Taking a video. Record your conversation with the truck driver. If the driver is fatigued or has been driving under the influence, the video may capture clear signs of it. This will go a long way toward proving your case.
- Calling the police. Georgia law §40-6-273 requires calling the police for any auto accident where someone was injured. Wait for the police to arrive and allow them to document what happened.
After the accident, you should speak to a Dalton truck accident lawyer before you accept anything from the insurance company.
Remember, truckers have policies with large insurance companies that want to do everything possible to keep their costs down. They will look for an excuse to deny your claim, blame the accident on you, or pay you less than you need for your medical bills.
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How Much Money Can You Recover in a Dalton Truck Accident Case?
Georgia state law allows victims of an accident to recover all of their costs plus substantial money to offset their damages. Common damages awarded in a truck accident case include:
- Medical bills
- Medication costs
- Physical therapy or other rehabilitation if needed
- Lost wages
- Car repairs
The local courts can also award large sums of money in consideration of pain and suffering, disabilities, inability to work, or other serious losses. This money cannot undo the accident, and it doesn’t always guarantee a full return to health, but it can help your family remain financially stable in the aftermath of an accident.
What Makes a Valid Truck Accident Claim?
It’s impossible to know how strong your truck accident claim is unless you get a professional opinion from a lawyer. Truck accident claims are personal injury cases and occur because one party acted negligently and someone suffered as a direct result of it.
No matter what you do after your accident, don’t sell yourself short. Accident victims tend to blame themselves for the crash or think there’s nothing they can do. In many cases, they actually have claims that would be worth tens of thousands of dollars or more. Talk to a truck accident lawyer as soon as possible.
Communicating With the At-Fault Driver’s Insurance Company
You should never talk to an insurance adjuster, even if it’s your own, without talking to your Dalton truck accident attorney first. The insurance company won’t look out for a client’s best interests, even if you were badly injured in the accident, because they will do anything to avoid paying out on a claim.
Insurance companies are known for trying to trap you into somehow admitting the accident was your fault. Even saying a simple “I’m sorry,” can be all they need to prove you were at fault and avoid paying out. It’s a smart idea to let your attorney do all the talking when it comes to dealing with the insurance company.
Proving Negligence With a Dalton Truck Accident Lawyer’s Help
When you file a lawsuit against the individual who caused the truck accident, your legal team will attempt to prove that someone could have prevented the crash. Your truck accident lawyer in Dalton will prove this individual’s negligence and that their action or inaction played a role in causing your injuries.
Potential Individuals Responsible for Your Injuries
There may be multiple individuals that played a role in the crash that can help pay for your losses. You could even sue them personally for the accident. Other than the driver, individuals who may be responsible for your accident include:
- A mechanic who repaired the truck
- The manufacturer of the truck
- The company that employs the driver
- The owner of the truck
- Anyone who made parts for the truck
- Those who loaded the truck
Negligent Actions that Can Lead to a Truck Accident
A driver, mechanic, or truck owner needs to follow state regulations for driving on the roads or for maintaining the truck. Without following the rules, the chances of a serious accident increase. Negligence can involve:
- Driving while fatigued
- Improperly loading the trailer
- Driving while distracted
- Not following traffic laws
- Traveling too fast for the weather or road conditions
- Driving while under the influence of drugs or alcohol
- A driver who does not obtain the proper certificates
- A driver who does not receive proper training
Filing a Wrongful Death Claim After a Truck Accident
If your loved one was involved in a truck accident and passed away, family members can collect compensation by filing a wrongful death claim. A Dalton, GA, truck accident attorney may be able to help recover:
- Funeral and burial costs
- Pain and suffering
- Loss of consortium
- Medical bills
- Loss of support and protection
- Loss of benefits and wages previously provided by the deceased
Your family is likely experiencing tremendous pain and a law firm with compassionate attorneys can help alleviate any added financial burden you’re dealing with. Any additional damages you qualify to collect can be discussed in a case review.
When to Hire a Truck Accident Attorney to Help With Your Claim
Contact an attorney immediately after your accident because that’s when the clock starts to run on your claim. According to Georgia’s statute of limitations (OCGA §9-3-33), you have two years from the day you were injured to file your personal injury claim with the state civil courts.
It may seem like you have a lot of time, but time flies and you could be missing out on your chance to file for compensation. Valuable evidence can disappear quickly, so you want an attorney to scope out the scene for you before you lose that evidence forever.
Speak With a Dalton, GA, Truck Accident Lawyer for FREE
For over 20 years, John Foy & Associates has dedicated our practice to helping accident victims, and we have a long history of successful cases. Our personal injury attorneys will give you a free, in-depth consultation to help you determine your legal rights.
Our goal is to make it easy to get the legal advice you need. That’s why our Dalton truck accident lawyers charge nothing unless they win you money. We want it to be risk-free and easy for you to file a claim if you choose to do so.
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