Commercial trucks are essential to our economy, and all motorists grip the steering wheel when they pass a large truck. Trucks are massive, and they can cause extensive damage to everyone around with little to none to themselves or their occupants. While there is an inherent fear of being next to a large vehicle, no one expects they will be in an accident and have their life changed forever.
If the negligence of a truck driver or trucking company caused your injuries or property damage, you need a dedicated truck accident lawyer in Villa Rica, GA, from John Foy & Associates to review your case and hold negligent parties accountable.
Types of Compensation for Truck Accidents
After a truck accident, you are injured and suffer from various losses. As a truck accident victim, you deserve compensation for your losses. You will be eligible to obtain economic, non-economic, or punitive damages depending on your injuries.
Most claims resolve before reaching litigation or trial, but our Villa Rica truck accident lawyers are ready to go the mile to get you the compensation you deserve. Examples of common truck accident damages include the following.
Past Medical Bills
When you suffer injuries in a truck accident, the driver and their employer will pay for all of your medical bills regardless of whether you have health or car insurance. Having this insurance does not exempt the negligent parties from their responsibilities.
Future Medical Bills
Truck accidents result in severe injuries, and you will need lifelong care for these injuries. You can require physical therapy, in-home nursing care, follow-up surgery, and medications. These are not your responsibility; the truck company must pay for your future expenses.
Past Pain and Suffering
During the immediate time after the accident, you will have pain and suffering. This pain can hinder you from accomplishing tasks, and you must get compensation.
Future Pain and Suffering
When you have a severe injury, your pain doesn’t go away. It will last for years beyond your settlement. Neck and spinal cord injuries can lead to arthritis, causing chronic pain and discomfort. You might require screws or metal plates in your body that can flare up or cause pain during rainy or chilly weather. Georgia law allows accident victims to recover compensation for estimated future pain and suffering.
Interference with Daily Life
When there are severe injuries like paralysis or amputations, your life will never be the same. These injuries permanently interfere with everyday life, and you must obtain compensation for them.
Your vehicle and everything inside can sustain damage or be destroyed, and you must replace them. The trucking company must pay for these replacements. We can also seek payment if you have a laptop, phone, or other personal items in the vehicle.
Many damages are available for truck accident victims, but the insurance company is unwilling to provide them. Our Villa Rica truck accident attorneys will find every loss and calculate your total damages. We will negotiate with the insurance company to ensure you get every penny you are owed. Do not fight them alone; hire the Strong Arm.
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Who You Can Hold Responsible For Your Damages
The truck driver is at-fault, but they will not be the ones paying for your losses – their employers will. The trucking company’s insurer will also pay for your losses, but the driver will likely not pay. While you might think this is unfair, there are reasons for it. The first is vicarious liability which means a person is working for a company and acting within the course of their employment; the company is therefore responsible for their reckless or negligent actions.
Another reason truckers may not directly pay for their mistakes is that trucking companies have liability insurance and operate under interstate commerce. The truck driver works for a trucking company, and within the scope of their employment, they doze off while driving and cause an accident.
The accident, therefore, falls under the premise of vicarious liability. Truckers are almost always driving for another company, and if they operate a tractor-trailer, they are within the scope of their employment. Even if a driver is an independent contractor, they fall under the principle of statutory employment.
Direct Action Under Georgia Law
Truck accidents differ from passenger vehicle accidents because there are direct action laws. Instead of suing the at-fault driver, you can directly sue the trucking company’s insurer. Most personal injury claims involve a claim against the trucking company and their insurer in one. However, if your truck accident lawyer in Villa Rica, GA, decides it is a good idea to sue the parties independently, you have the option to do so.
There are also statutes to consider when making claims.
Federal Trucking Regulations
The Federal Motor Carrier Safety Administration regulations govern all aspects of the trucking industry. Most of the issues they address are driving hours and their rest breaks. One rule truckers receive in their training is that they must pay attention to what is happening 12 to 15 seconds ahead of them. Regulations also address when trucks are parked. For example, stopped trucks cannot be in places that endanger other motorists and their passengers.
A critical regulation is that a trucker must keep a log book detailing how long the driver is working and how long they are resting. They must also inspect and maintain their vehicles, among many other regulations. Trucking companies also have regulations they must follow, like hiring honest and competent drivers and keeping their trucks in good working order.
Work with the Right Truck Accident Attorney in Villa Rica
Many law firms claim they are knowledgeable in truck accident cases, but they aren’t. You need a team with knowledge, experience, and compassion willing to fight for you every step of the way. John Foy & Associates has been working for accident victims in Villa Rica and throughout Georgia for over 20 years.
We take on a small caseload to give every client the attention they deserve. We know the intricacies that these cases require and how sneaky the insurance companies are, and we do not let that deter us. After a commercial truck accident, schedule a case review with the Strong Arm.