A driver or someone else might be at fault for your cargo truck accident in Macon. Under Georgia law, you can file a legal case to recover your accident costs. Our Macon cargo truck accident attorneys can help.
John Foy & Associates have been helping victims for over 25 years. We have a long track record of success on truck accident cases. To learn how to seek compensation, call our truck accident lawyers in Macon for a free consultation.
Can You Sue a Trucking Company?
You can sometimes sue a trucking company for an accident. It depends on the details. More specifically, the driver’s employment status matters.
Many cargo truck drivers are independent contractors. If one of these drivers causes an accident, they are liable for the damages. But it’s different if the driver is an employee.
If the driver works for a company, that company is liable for an accident the driver causes.
Insurance Coverage for Cargo Truck Accidents
Trucking companies should carry comprehensive insurance policies. If a trucker causes an accident, injury victims can file an insurance claim.
Be aware that insurance companies often fight claims. The trucking company or insurer will look for ways to reduce their liability.
Insurance company tactics include:
- Offering you a lowball settlement
- Asking you for a recorded statement
- Downplaying your injuries and costs
- Blaming you for the accident
Insurance companies have their own team of lawyers and experts. To level the playing field, you should probably contact a lawyer.
Your personal injury lawyer in Macon can determine your best options. If the trucking company was at fault, you can seek compensation for what you’ve suffered.
Suing the Cargo Truck Driver
Some drivers are independent contractors, not employees. Contractors do not have the same legal protections as employees.
The driver might be liable for any accident they cause. If the driver was at fault, you could have a personal injury case against them. You would file a claim with the driver’s own insurance company.
The trucking company will probably have a more extensive insurance policy. But that doesn’t mean the process will be easy. You will likely need to fight for your compensation rights.
Other Parties in a Truck Crash
Sometimes, third parties are responsible for an accident. For example, a manufacturing company could be at fault if truck defects contributed to the collision.
Another driver might also be partially at fault. Thankfully, Georgia has partial fault laws that let you bring a case against more than one party.
You can still recover damages if you were less than 50% at fault. You might also have more than one personal injury case against different parties.
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Your Rights After Being Hit by a Cargo Truck
All drivers in Macon have a duty of care to drive safely. Unfortunately, too many drivers breach their legal duties through negligence (also known as carelessness).
Examples of negligence include:
- Distracted driving
- Drunk driving
- Failure to yield
- Not keeping up with vehicle maintenance
- Running a red light
- Passing illegally
- Speeding
Truck drivers are not immune from mistakes. In fact, truckers are more likely to take careless actions if they are overworked and under-rested. Too many trucking companies don’t enforce hours of service regulations and other laws from the Federal Motor Carrier Safety Administration (FMCSA).
If you were not at fault for your accident, you have rights. You can pursue financial compensation for your damages.
The at-fault party should pay for damages like:
- Medical bills
- Prescription drugs
- Physical therapy
- Lost wages
- Loss of earning potential
- Vehicle repair or replacement costs
- Pain and suffering
- Mental anguish
Our Macon cargo truck accident lawyers can determine your rights. Every case is different, so we’ll provide personalized advice. We’ve won over $1 billion in compensation and are not afraid of challenging cases.
Contact us today for a free, no-risk consultation. Call (404) 400-4000 or contact us online for a free consultation.
How Much You Should Ask for as a Settlement
Your potential settlement will depend on a few factors. Your settlement should, ideally, cover everything you’ve lost from the accident.
Personal Injury Damages
According to OCGA §51-12-2, there are two types of damages:
- Special damages that have set dollar amounts
- General damages that are about your mental and emotional losses
Your damages are crucial for knowing what type of settlement you deserve. Some damages are more straightforward to calculate than others.
General damages include emotional injuries like pain and suffering. You’ll probably need help from a lawyer who can determine the value of these damages.
Percentage of Fault
If you were partially at fault for your accident, that will affect your settlement potential.
In Georgia, you can still recover damages if you were less than 50% at fault. You can also file multiple claims if more than one party is at fault.
If you’re partly responsible, your damages will be reduced by your percentage of fault. For example, say you were five percent at fault, and your damages are $100,000. You would only be able to recover $95,000 because of your five percent of the fault.
Before admitting any fault, talk to a lawyer. The driver or insurance company might try to blame you and reduce their own liability. Our lawyers can ensure you don’t receive blame for an accident that wasn’t your fault.
Settlement Negotiations
It’s not enough to know what you deserve. You’ll probably also have to fight for your rights.
After you file an insurance claim, the insurer might respond with a low settlement offer. You and your lawyer can try to negotiate for a fairer amount. The negotiation process will impact your full compensation.
Having an experienced lawyer on your side makes all the difference. To learn your options today, contact our team.
When to Expect Your Settlement Payout
Settlements come as a lump sum or in payments. Unless there’s a reason to drag out payments, it’s best to get a lump sum in compensation.
Once both parties agree to a settlement, most settlement checks come within two to four weeks. However, more complicated cases might take several weeks or months.
If you have a lawyer, they will probably receive the check first. After taking their fee, your lawyer will send you the remaining settlement.
Get a Free Consultation with a Macon Cargo Truck Accident Lawyer
You can learn more about the post-accident legal process today. At John Foy & Associates, we are available 24 hours a day, seven days a week. Plus, you won’t pay a fee unless we win your case. To get started with a free consultation, call (404) 400-4000 or contact us online.
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