Millions of trucks are on American roads on any given day, and drivers that work long hours without sleep are behind the wheel. It is inevitable that truck accidents will occur, and when they do, they can have devastating consequences. If you or a loved one has been injured in a truck accident, or you lost a family member in one, contact John Foy, a Smyrna truck accident lawyer, today.
John Foy & Associates are seasoned truck accident lawyers that will fight on your behalf to get you the compensation you need to recover and move on from the accident. We can help you file your claim, gather and present evidence, prove fault, and attempt to settle out of court. If your case does end up in the courtroom, you can be assured that we’ll be right there with you.
What Causes Truck Accidents?
Perhaps the most common cause of truck accidents is driver error. Large 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.
Another common cause is equipment failure and poor truck maintenance. Trucking companies expect their drivers to cover thousands of miles each week; if the trucks 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.
Get the strong arm
What Should You Do After a Truck Accident?
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, the first thing you should do is call emergency services to address injuries. The police will also join to take notes, photos, and witness testimony at the scene to later file a police report. If you are able, you should also take photos and videos at and around the scene and take notes about your perception of the events that occurred.
After you receive the medical treatment you need, you should contact a trusted truck accident lawyer to start the claim filing process. The state of Georgia provides two years after the date of the accident to file a claim, and failing to do so on time can result in your case being tossed. You can also attempt to file a claim on your own, but the paperwork can be difficult to understand and fill out without the assistance of a legal professional.
Who Is Responsible for a Truck Accident?
Although it may be intuitive to say that truck accidents are always the fault of the truck driver, that is not always the case. Sometimes, the trucking company was the one failing to maintain their vehicles, or they failed to comply with proper loading laws. Other times, the driver who was hit by a truck may be found responsible, especially if they drove recklessly or were under the influence of drugs and alcohol.
Georgia is considered a comparative negligence state, meaning that the victim of a truck accident cannot receive compensation unless they were less than 50% responsible for the accident. This can also affect the amount of compensation you receive if you were 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.
Having an excellent lawyer on your side can help you prove the other party’s negligence and reduce the percentage of blame you are assigned to a lower amount or none at all.
Types of Compensation You Can Receive After a Truck Accident
Once the other party has been determined mostly at fault for your accident, you will be entitled to collect damages. Some of the most common damages truck accident victims collect include:
Truck accident victims often have a long road to recovery due to their injuries, which results in mountains of medical bills in no time at all. Medical care damages help to cover the cost of seeing doctors, staying in the hospital, undergoing surgery, and more. Take care to organize your medical bills well, as this allows your lawyer to ask for as much medical care compensation as you need.
Following a truck accident, chances are good that your car either needs major repairs or is completely totaled. In either case, you may be able to receive property damage compensation to help you get those repairs or replace your car.
Pain and Suffering
Pain and suffering is considered non-economic damage, as it’s hard to put a dollar amount on how much agony a person has suffered. Even still, pain and suffering damages compensate you for all that you have endured during and after the accident. In some cases, pain and suffering compensation can be worth a sizable amount.
If your loved one passes away during or after a truck accident, you may be able to 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 take care of the rest of your family.
Call a Trusted and Experienced Smyrna Truck Accident Lawyer Today
Being involved in a truck accident is a highly stressful and traumatizing event, but you don’t have to face the legal repercussions on your own. John Foy & Associates employs many skilled lawyers that are ready to fight for you and your family to hold the guilty party accountable. For a free case review, please contact us today.
404-400-4000 or complete a Free Case Evaluation form