You see moving vans on Johns Creek roads every day. While these vehicles are crucial when moving between homes, they can be dangerous in the wrong hands. Inexperienced or careless drivers can make mistakes that lead to accidents.
Our Johns Creek lawyers understand moving van accident cases. We are not afraid to fight for the justice you deserve. That includes handling greedy insurance companies and seeking the fullest compensation possible.
Our team can get you started with a free, no-risk consultation. Call (404) 400-4000 or contact us online to speak with one of our experienced lawyers today.
Leading Causes of Moving Van Accidents
In our experience, moving van-related accidents happen because of factors like:
- Distracted driving: Many moving van drivers are not professionals; they’re everyday people moving between homes or businesses with a lot on their mind. This may translate to mean many distractions while driving. Distracted driving is one of the most common causes of accidents.
- Driver carelessness: The driver can be negligent in many ways. For example, the driver may fail to yield or may drive aggressively, drive under the influence, or speed. Any careless action can lead to a collision.
- Driver inexperience: Moving vans are much larger than passenger vehicles. As such, the driver may be inexperienced with driving such a big vehicle. This can lead to careless mistakes and crashes.
- Inadequate training or hiring: Professional moving companies can provide drivers to operate their moving vans. If the company hired someone who isn’t fit to drive, an accident can happen.
- Poorly-secured moving van: Drivers and loaders must ensure items are correctly loaded onto a moving van. Otherwise, things could shift or fall off and cause a serious accident.
- Faulty maintenance: Moving vans and trucks rack up a lot of miles. Moving companies must ensure their vehicles are safe to drive, which includes keeping up with maintenance. If the vehicle is poorly maintained, a van part might fail and cause an accident.
Of course, these are just a few examples. A moving van accident can happen for any number of reasons. It also depends on who was driving the vehicle when the crash occurred.
A Johns creek moving van accident lawyer can help you investigate the accident. They’ll determine who was at fault so that you know where to seek compensation. The at-fault party in the accident is responsible for your accident costs.
Who’s Liable for a Moving Van Accident
When you contact John Foy & Associates about a moving van accident, we’ll start investigating who is responsible. Several parties might be at fault for this type of accident.
Many moving van drivers are people who rented the vehicle. Renters sign waivers when they rent a truck or van for moving. If the renter causes an accident, they are often liable for the damages.
You’ll need to know the details of the renter contract. The renter might be fully or partially liable.
The Moving Van Company
Most moving companies use waivers to protect themselves from accident liability. However, you can probably still seek compensation from a company if they:
- Allowed an unfit driver to rent the van
- Rented out a vehicle that wasn’t safe to drive
- Failed to keep up with van maintenance needs
Don’t rule out company responsibility without speaking to a lawyer. The moving company could hold some fault in what happened. An experienced lawyer can help uncover the truth.
Movers often use a moving company to help load items. If the movers load objects into the van unsafely, it can lead to injuries. The movers or their employer might be at fault.
A Maintenance Company or Manufacturer
A moving van’s parts might fail while driving. If so, it could be due to defective or poorly-maintained parts. Your lawyer will need to investigate what happened in case another company is responsible.
The moving van driver is not always at fault. Sometimes, a third-party driver was careless and caused the accident. In other cases, more than one driver is partially at fault.
Comparative Fault in Johns Creek
Georgia has comparative negligence laws under the Official Code of Georgia (OCGA) §51-12-33. According to these laws:
- More than one party can be partly liable for an accident.
- If a victim is less than 50% at fault, they can still recover damages.
- If someone is 50% or more at fault, they cannot recover compensation.
If you’re worried about being partly at fault, talk to a lawyer. You can likely still recover compensation for a portion of the accident. However, the law will reduce your recovery based on your percentage of fault.
Insurance companies might use Georgia’s fault laws against you. For example, the insurance adjuster might try to blame you for part of the crash. They know that blaming you will help reduce how much they have to pay.
Do not admit any fault for your accident without speaking to a lawyer first. You might be surprised to find you hold no blame for the accident. To discuss the details with our trusted team, call us at (404) 400-4000 or contact us online.
Recovering Your Accident Damages
The first step is usually to file an insurance claim against the at-fault party. Your claim should include all of your accident costs, or damages. Common damages include:
- Current and future medical costs
- Lost wages
- Loss of earning capacity
- Vehicle repair costs
- Pain and suffering
- Mental anguish
Calculating your damages is complicated. You’ll need to save all evidence of your costs and anticipated expenses. That also includes “emotional” damages like pain and suffering.
Thankfully, an experienced lawyer can help you calculate your total damages to negotiate a fair settlement offer.
Talk to a Johns Creek Moving Van Accident Lawyer Today
At John Foy & Associates, we’re ready to fight for the compensation you deserve. With over 20 years of experience, we know how to build strong injury claims. We also don’t charge a fee unless we win your case.
Contact us today to schedule a free, no-risk consultation. Call (404) 400-4000 or contact us online to get started at no cost.