Large commercial truck accidents in Georgia are not as rare as hoped, given Georgia ranks fourth in the country for such accidents. Hence, hiring a reputable and experienced truck accident attorney in Brookhaven, GA, is wise. The law gives you the right to file a lawsuit seeking compensation for injuries, losses, pain, and suffering suffered in the accident.
At The Hurt Boss, we are leading car accident lawyers in Brookhaven committed to helping victims wrongfully injured due to another’s recklessness, negligence, or malicious actions. We are attorneys who provide professional and personalized legal counsel to all who come to us for help with their cases.
Visit our law offices or contact us via 678-806-7715 to speak to our accomplished Brookhaven truck accident lawyer. We will listen to your claim and review your case to determine if it is worth pursuing and advise you accordingly. We also can take on your case on a non-obligatory basis, allowing you to focus on recovering from your injuries instead of worrying about legal fees.
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Truck Accident Statistics in Georgia
Data gathered from the Office of Highway Safety in Georgia, the state ranked fourth for heavy commercial vehicle accidents in 2016, with 216 and 135 lives lost in such accidents in 2017 and 2018, respectively. The report showed that 24% of truck accident fatalities were in cases where the driver was drunk, and 50% of these incidents involved out-of-state companies operating large commercial vehicles.
Furthermore, there is a reason for concern given the upward trajectory seen in the state regarding truck accidents. 57% of these accidents occur in rural areas, while urban places register a 33% occurrence.
What to Do After a Truck Accident?
The chances of getting the best results in your compensation case are better if you know the necessary steps to take after the truck accident. We advise victims to keep the following things in mind and act immediately to ensure they are upheld after the accident:
The call will put you in touch with the police and a rapid emergency response team to attend to the victims’ injuries. Notifying these entities is also a legal requirement. You can request a bystander to help you make the call if not able due to your circumstances.
It is best not to leave the accident scene before the police arrive to take all involved parties’ accounts of what happened. You can use that time to check on others to see if you can help some get to safety or administer first aid.
Avoid discussing too much with those involved in the accident, whether they are victims or the cause. Nevertheless, limit your talk to vital details like sharing your names and contacts so that everyone can be reached if legal action ensues.
Document the Accident Scene
Use your smartphone to take pictures and short videos of the accident, ensuring you focus more on the injuries sustained and damages. Also, take note of anything that might have contributed to the accident. It can be the lack of road signs, poor road conditions, or debris.
Seek Medical Attention
It is best to rush to the hospital for a medical diagnosis after the accident. You might have walked away with minor visible bruises, but that does not mean you might not have fatal injuries that have not manifested. Let a doctor examine you and rule out any adverse injuries that require immediate attention.
Contact an Attorney
It would be best if you also got in touch with an experienced Brookhaven truck accident lawyer as soon as possible to safeguard your rights and interests. Get in touch with us at 678-806-7715 to know more about how we can help.
What Are the Laws Regarding Truck Accident Liability in Georgia?
Georgia upholds the Federal Motor Carrier Safety Regulations the federal government approves regarding the safety of other road users. Under Georgia state laws, heavy commercial vehicles are any large vehicle with a gross weight rating (GVWR) exciting 10,000 pounds and a passenger capacity above 14, including the driver.
Some of the vehicles in Georgia that meet these requirements include tractor units, tow trucks, delivery trucks, haulers, log carriers, dump trucks, mobile cranes, and flatbeds. Moreover, drivers can be held responsible for the accident if they act negligently, recklessly, or maliciously. It can be due to driving under the influence, distracted driving, or violating road safety rules.
Conversely, the truck company can also be held liable for not inspecting the vehicles to ensure they are sound to ferry cargo or screen employees to ensure they qualify to operate heavy commercial vehicles.
How Can a Brookhaven Truck Accident Lawyer Help?
The benefits of hiring a proficient and reputable truck accident attorney to represent you far outweigh the potential costs. Why risk getting it wrong from the start by deciding to handle such legal matters yourself when you do not have enough knowledge of what the process entails!
We are confident that The Hurt Boss will be the best bet in your compensation case. When you hire us, we shall commit to doing the following when fighting for your rights:
We shall start the investigations immediately after you reach out to us for help because we know how facts can be changed if you do not act as soon as possible. Therefore, the sooner you get in touch, the earlier we can get the ball rolling. The objective is to gather as much information as possible to help build a strong case that improves your chances of getting the full settlement.
Filing a Claim
We cannot file your claim without compiling the necessary documents detailing what happened and why we believe your rights were violated; hence, those responsible must be compelled by law to compensate you for your injuries and losses. That’s the reason for starting investigations as soon as possible to help prepare the required paperwork and file the lawsuit on time.
At The Hurt Boss, we are never quick to shoot down any proposed negotiations that can keep us from taking the compensation case to trial. We understand that most cases are resolved with negotiations, but we also know that insurance companies and liable parties could try to dupe you into accepting a lowball settlement. Hence, we advise our clients to let us oversee all the negotiations.
We also will be ready to take the matter to court if negotiations fail. It is the phase in the process of fighting for your rights that requires you to have the best litigation team on your side when before the judge or jury. We shall be committed to fighting aggressively for your rights and interests to help you get full compensation.
What Types of Compensations Can You Receive in Georgia?
Under federal and state laws, truck accident victims can file for compensation after a truck accident. The Hurt Boss will employ all the resources and expertise available to help you pursue economic and non-economic damages. We also might consider punitive damages against the liable party.
The economic damages will target losses with a monetary value that you incurred after the truck accident. The recovered economic damages can cover your treatment bills, prescription costs, therapy expenses, lost wages, and property damage.
The non-economic damages will help you regain losses with no specific or indeterminable monetary value but impact your life. Therefore, pursuing non-economic damages will focus on physical damage, emotional/mental anguish, loss of consortium, and more.
Punitive damages are optional depending on the investigations regarding the accuser’s liability. We shall pursue punitive damages if we find the actions of those responsible were grossly indifferent, but the court will determine what penalties to administer.
How Much Is My Truck Accident Claim Worth?
Every truck accident claim case is unique; thus, determining how much your claim is worth is relative to the circumstances surrounding what happened. We shall factor in different elements like if you missed work because of the injuries, you incurred significant expenses due to your treatment, recovery therapy, medications, and repairs to your property. All these factors reveal your claim worth.
Is There a Deadline for Filing a Claim in Brookhaven, Georgia?
Truck accident victims in Brookhaven, GA, have two years from the day of the incident to file a compensation claim. Failure to meet this deadline could see you default on your rights to pursue the claim in the future. Also, please note that the deadline can be shorter (within six months from when the accident occurred) when suing a national or state government agency.
How Is Fault Determined in a Truck Accident in Georgia?
Georgia is an at-fault state, meaning truck accident victims must prove the other party’s fault in the incident to qualify for compensation. The focus when helping you prove liability will be on four principal things:
- Proving those responsible for the truck accident owed you a duty of care.
- Showing they breached said duty by acting negligently, recklessly, or indifferently when operating their commercial vehicle.
- Proving causation because their negligence led to the accident and your subsequent injuries.
- Proving damages by showing the injuries, economic losses, pain, and suffering you sustained.
Can an Attorney Prove that the Truck Driver Was Careless?
We are more than capable of proving that the accused was a reckless or negligent truck driver or that their employer is responsible for the same. Your Brookhaven truck accident lawyer shall use the four facts we have mentioned to prove the plaintiff was careless and must compensate you for your pain and suffering.
Who Can Be Held Liable?
Regarding who will be held responsible, there are different considerations depending on various elements we unearth in our investigations. Liability can be placed on any of the following:
- The truck driver could be held accountable for operating the vehicle without adhering to road safety regulations. In this case, fault will be considered whether the driver owns the truck or is employed to operate the vehicle.
- If the driver is an employee and observes all the required road safety rules, the truck company could be liable for the accident. We shall investigate whether the employer did not vet the drivers, failed to provide adequate training, or made them work under tough conditions such as putting in long hours with limited rest.
- In some instances, truck accidents can be attributed to overloading or not securing the cargo, which makes the loading or shipping company liable for your injuries and losses.
- Suppose our investigations show the accident was due to a faulty part in the vehicle. In that case, we shall hold the vehicle’s manufacturer responsible for any damages you sustained.
Most Common Causes of Truck Accidents in Georgia
The Hurt Boss has handled numerous truck accident cases in Georgia over the years. We have discovered over that period that most of these accidents are attributed to the following:
- Driver Fatigue – The truck driver operates the vehicle when tired because they get little time in their long hours of driving to rest. Statistics show that overexertion is the leading cause of most truck accidents.
- Distracted Driving – The truck driver does not focus on the road but starts fiddling with the phone, radio, or sat-nav.
- Reckless Driving – Acts like speeding, distracted driving, or unlawful overtaking amount to reckless driving as a serious traffic offense.
- Driving While Intoxicated – Federal and State laws consider operating road machinery while under the influence (intoxicated) unlawful. It is an illegal act that attracts a heavy penalty, especially if there are fatalities.
- Poor Road Maintenance – the truck driver will not be liable for the accident if it is linked to poor road maintenance and lack of road signs. In such a situation, your Brookhaven truck accident lawyer shall sue the federal or state agency tasked with ensuring roads are safe.
- Improperly Secured or Oversized Cargo – The loading company and the truck driver fail to inspect the load to ensure it is the correct size and weight and is properly secured before heading out.
- Inexperienced or Poorly Trained Drivers – Sometimes, truck companies do not conduct adequate assessments to ensure the drivers they employ are experienced and qualified to operate heavy commercial vehicles. In other instances, the drivers are tasked with operating new machines without undergoing the recommended training.
- Equipment Malfunction and a Lack of Truck Maintenance – Truck companies might not inspect and maintain their fleet of freighting vehicles resulting in equipment failures or malfunctioning parts, leading to accidents.
Let Our Seasoned Brookhaven Truck Accident Attorneys Fight for You
At The Hurt Boss, we are a leading law firm in Brookhaven committed to helping victims wrongfully injured due to another’s recklessness, negligence, or malicious actions. We are attorneys who provide professional and personalized legal counsel to all who come to us for help with their cases. We are familiar with the complexities surrounding truck accident cases. As skilled Brookhaven personal injury lawyers, we know what it takes to ensure you get the best possible settlement for your pain and suffering.
You can visit our law offices or get in touch via 678-806-7715 to speak to our accomplished Brookhaven truck accident lawyers. We will listen to your claim and review your case to determine if it is worth pursuing and advise you accordingly. We also can take on your case on a non-obligatory basis, allowing you to focus on recovering from your injuries instead of worrying about legal fees.