Truck accidents can cause severe injuries and sometimes even fatal injuries. You shouldn’t have to deal with this alone. If you or a loved one has been injured in a truck accident or you lost a family member in one, our Smyrna truck accident lawyers can help.
Our experienced personal injury attorneys in Smyrna, GA, will fight for you to get the compensation you need to recover and move on from the accident. If your case ends up in the courtroom, you can be assured that we’ll be there to defend your rights.
What Causes Truck Accidents?
Perhaps the most common cause of truck accidents is driver error. Large commercial trucks take a special skill set to operate, and failure to follow each protocol correctly every time can result in an accident. Truck drivers also often drive in a sleep-deprived state, and some may operate under the influence of drugs or alcohol, resulting in a drunk driving accident.
Another common cause is equipment failure and poor truck maintenance. Trucking companies expect their drivers to cover thousands of miles each week. If commercial vehicles are not properly maintained, the truck may malfunction and cause an accident.
Finally, improperly loaded cargo can also create dangerous scenarios when cargo spills out of the back and into traffic.
What Should You Do After a Truck Accident in Smyrna?
In the immediate aftermath of a truck accident, it can be difficult to perform the necessary steps while shock sets in. After a truck accident, you should call emergency services to address catastrophic injuries.
The police will also join to take notes, photos, and witness testimony at the scene to later file a police report. If you can, you should also take photos and videos at and around the scene and take notes about your perception of the events.
After receiving the medical treatment, you should contact a trusted truck accident attorney in Smyrna, GA, to start the claim filing process. According to Ga. Code § 9-3-33, you must file a truck accident claim two years after the accident date.
Failing to do so on time can make you ineligible for compensation. You can also attempt to file a claim on your own, but the paperwork can be difficult to understand and complete without a legal professional’s assistance.
Who Is Responsible for a Truck Accident?
Truck crashes can be complex events, and determining fault often requires a thorough investigation of the collision’s circumstances. Several parties could share responsibility for these accidents, meaning the fault may lie with one or multiple entities. Below are the key parties that are commonly involved in truck collisions:
Truck Drivers
Truck drivers play a significant role in the safe operation of their vehicles. They are responsible for following traffic rules, maintaining a proper lookout, and adhering to hours-of-service regulations to prevent driver fatigue.
If a truck driver engages in reckless behavior, such as speeding, distracted driving, driving under the influence, or violating traffic laws, they may be deemed at fault for the crash.
Trucking Company
Trucking companies have a duty to make sure that their drivers are adequately trained, possess valid licenses, and adhere to safety standards. Negligent hiring practices or failure to properly maintain their fleet can contribute to crashes.
In some cases, trucking companies may encourage drivers to violate hours-of-service regulations to meet tight delivery deadlines, potentially leading to fatigued driving and increased accident risk.
Other Motorists
While trucks are involved in many crashes, other motorists can also contribute to these collisions. Some drivers may fail to give trucks enough space, cut them off, or drive in their blind spots.
These actions can force truck drivers into dangerous situations, leading to crashes where both parties might share some degree of fault.
Manufacturers and Maintenance Providers
In some cases, truck collisions may occur due to vehicle defects or faulty maintenance. If an essential part, such as brakes or tires, malfunctions, the responsibility may fall on the manufacturer or the entity responsible for maintaining the truck.
Poorly maintained vehicles can experience brake failures, tire blowouts, or other mechanical issues that increase the likelihood of accidents.
Our truck accident attorneys in Smyrna, GA, are ready to help you determine the liable parties in your case. We’re ready to build a strong truck accident case for you so you can recover the compensation you need.
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About Georgia’s Negligence Laws
Georgia is considered a comparative negligence state, meaning that the truck accident victim cannot receive compensation unless they are less than 50% responsible for the accident.
This can also affect your compensation if you are less than 50% responsible. For example, if a judge rules that your actions were irresponsible enough to warrant 20% of the blame, you would receive 20% less compensation than you would if you had no blame.
An experienced personal injury lawyer in Smyrna, GA, can help you prove the other party’s negligence and reduce the percentage of blame you are assigned to a lower amount or none.
Types of Compensation You Can Receive After a Truck Accident
Once the other party has been determined mostly at fault for your crash, you will be entitled to collect damages. Some of the most common damages truck accident victims collect include:
Medical Expenses
Trucking accident victims often have a long road to recovery due to their severe injuries, resulting in mountains of medical bills in no time. Medical care damages help to cover the cost of seeing doctors, staying in the hospital, undergoing surgery, and more.
Organizing your medical bills well allows your truck accident attorney in Smyrna, GA, to ask for as much medical care compensation as you need.
Property Damage
Following a truck crash, chances are good that your car needs major repairs or is completely totaled. In either case, you could receive property damage compensation to help you get those repairs or replace your car.
Pain and Suffering
Pain and suffering are considered non-economic damage, as it’s hard to put a dollar amount on how much agony a person has suffered. Even still, mental anguish and other pain and suffering damages compensate you for all that you have endured during and after the crash. In some cases, pain and suffering compensation can be worth a sizable amount.
Wrongful Death
If your loved one passes away during or after a truck collision, you can collect wrongful death damages. No amount of money will take away the grief family members left behind feel, but it can at least help cover funeral costs and the wages they would have made. Don’t hesitate to ask for wrongful death damages, as it can help you care for the rest of your family.
One of our Smyrna, GA, wrongful death lawyers can help you file your claim on time if you lost a loved one by gathering relevant evidence. In Georgia, the statute of limitations for a wrongful death lawsuit is two years from your loved one’s death.
How Can a Smyrna Truck Accident Attorney Help You Negotiate With the Insurance Company?
One of the biggest factors in getting a fair settlement that covers all your costs is negotiating with insurance adjusters at insurance companies. But negotiating can be difficult when the liable party’s insurance provider uses a wealth of tactics to decrease your settlement as much as possible. But with the help of our semi truck accident lawyers in Smyrna, GA, you can get the settlement you deserve.
Our team has over 20 years of experience advocating for truck accident victims when insurance companies try to discourage them. Our legal team will gather relevant evidence to demonstrate the other party’s negligence, and if they intentionally hurt you, we’ll fight for punitive damages and maximum compensation.
Call a Trusted and Experienced Smyrna Truck Accident Lawyer Today
Being involved in a truck crash is highly stressful and traumatizing, but you don’t have to face the legal repercussions alone.
A John Foy & Associates truck accident lawyer in Smyrna, GA, is ready to fight for you and your family to hold the guilty party accountable. For a free initial consultation, please contact us today.
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