Commercial vehicle and truck accidents are the most catastrophic accidents in Georgia and across the United States. In Georgia, especially in Atlanta, traffic is very busy. I-285 is one of the most dangerous interstate highways in the U.S. In the past years, I-285 was the deadliest highway in the entire nation. Most of these fatal crashes are between commercial trucks and passenger vehicles. Many people find themselves asking what damages can I collect for a Georgia truck accident after being involved in one.
A motor vehicle accident between large commercial trucks and normal cars often causes more damage and devastation than a car accident between two cars. When a big rig truck gets out of control or collides with another car, there’s a good chance that other vehicles will be involved. Typically, truck accidents cause more destruction. There’s so much weight because the trailer is full of cargo, and thus these trucks are like tanks on the roadway.
If you or a loved one has suffered a severe injury following a trucking accident in Georgia, you may seek financial compensation to cover your medical expense and property damage. An experienced Atlanta truck accident lawyer at Marks Law Group can help you fight for your right to a fair settlement. Call our personal injury law firm today at (678) 251-9309 to schedule a free initial consultation.
How Is Fault Determined in a Truck Accident in Georgia?
Often, truck accidents occur because of driver negligence or intentional wrongdoing, such as fatigue, distracted driving, driving under the influence, or speeding. However, many parties could be held liable in a truck crash.
Georgia law and federal regulations require that truck drivers abide by a higher set of standards than ordinary drivers. If they don’t do so and cause a crash, they can be held liable.
Also, commercial truck drivers must maintain their vehicles and cargo, and they can’t transport oversized loads without special permits. Further, they must avoid steep roads and they must keep an accurate logbook of hours driven.
Further, trucking companies can be held liable if their truck driver contributes to a crash. A trucking company can be held liable for negligent hiring or retention of truck drivers who are involved in truck collisions. This may be the case if the truck driver was insufficiently trained, lacked the correct license, was on medication that could cause impaired driving, or if the employer failed to do a thorough background check or allowed a truck driver to operate a vehicle despite red flags on their driving record. Also, an employer could be held liable if they don’t enforce federal or state safety regulations.
Because different parties could be liable for the truck crash, you must gather extensive evidence to prove your truck accident case. Some of the evidence that you can use to prove fault include:
- Photos of the truck crash scene, including poor weather conditions, road conditions, warning signs, traffic lights, construction, and loose gravel;
- Witness statements;
- Expert testimony such as from accident reconstructionist;
- Driving logs showing how long the truck driver rested and how long he or she was on the road, especially if either entry constituted a violation of traffic regulations;
- Truck maintenance records;
- Police reports
- Delivery reports;
- Data from the truck’s computer
- Manufacturer data including possible recalls
- Correspondence between the driver and their employer
- Videos or photographs of your bodily injuries and vehicle damage
- Medical records
When you trust your case to a Decatur personal injury lawyer at Marks Law Group, LLC, we’ll pursue all the evidence needed to build a strong insurance claim on your behalf. Our personal injury attorneys have extensive experience dealing with all types of semi-truck accidents in Georgia, and we’ll get you the financial compensation you deserve.
What Damages Can I Collect For a Georgia Truck Accident?
The truck accident settlement you can recover after a truck accident will depend on your specific losses from the accident. If you were not at fault for the accident, you can file a truck accident claim with the at-fault party’s insurance company for your damages.
The types of damages you can collect after a truck accident falls into three major categories:
Economic Damages for a Truck Accident
You must prove economic damages or special damages in order to recover these damages in your insurance claim. Many of these damages have a set dollar amount.
Typically, medical expenses form the largest portion of a truck accident claim. They might include:
- Emergency medical costs
- The cost of hospitalization
- Doctor visits
- Prescription medicines costs
- Physical therapy or other long-term treatment costs
- Future medical care expenses
To recover these damages, you must keep track of all medical costs and receipts related to your medical expenses. Also, you must follow all treatment orders from your doctor and not missing any medical appointments. If you don’t keep up with your medical treatment, insurance adjusters may use this as a justification to offer you less money.
If you were working at the time of the truck accident, the truck accident injuries may cause you to miss work. Lost wages are damages you can recover for missed work. However, to be eligible for these damages, you must provide previous pay stubs and other paperwork from your employer to prove lost wages in your insurance claim. If you’re unable to work in the same capacity as before because of your accident injuries, you might also recover “loss of earning capacity” damages.
If your car was totaled or requires repairs following the crash, you can include property damages in your truck crash claim. Also, you may recover compensation for other personal property that was damaged in the crash, such as electronics or jewelry.
Apart from the cost of medical care, you can also recover compensation for the cost of travel to and from doctor’s appointments.
If you hire an experienced auto accident lawyer at Marks Law Group, you won’t have any lawyer fees unless our attorneys win you money—and you won’t pay us until after your case is closed. That being said, you can also claim any legal fees as damages in your truck accident claim.
Non-Economic Damages for Tractor-Trailer Accidents
Non-economic damages are also commonly known as general damages. Unlike economic damages, non-economic damages can’t be proved through bills or receipts. These damages account for emotional, mental, and physical suffering from the truck accident, such as mental anguish, emotional distress, pain and suffering, anxiety, fear, loss of enjoyment of life, or disfigurement.
Because non-economic damages are very hard to calculate, you will need the help of an experienced truck accident lawyer to determine how much your non-economic damages are worth.
Punitive Damages for a Truck Accident
Punitive damages in any personal injury accident have one primary purpose: to punish the at-fault party. Typically, these damages are available to collect if the defendant exhibited extremely negligent behavior such as malice, willful misconduct, or fraud.
How Can a Truck Accident Attorney Help Me?
There are many steps that must take place after a trucking accident case before you can recover compensation. A knowledgeable Georgia truck accident attorney can help you navigate the legal system to make sure you get the financial compensation that you deserve.
One of the key concerns for truck accident victims after a crash is their family. An experienced attorney can help you deal with the trucking company and insurance company, ensuring your family and loved ones are taken care of. Your accident lawyer can take the stress of handling the personal injury lawsuit off of your shoulders, so you can focus on your recovery journey and getting the medical care you need. Our team of dedicated and experienced truck accident attorneys will fight for you and your family while you recover.
A skilled truck accident attorney can file your truck accident lawsuit and make sure that your injury claim doesn’t leave out any vital information. There are many details that a truck crash attorney must pay attention to, which can make or break the success of your case.
Our truck crash attorneys will send out experienced teams of investigators and accident reconstructionists immediately after your initial consultation to investigate the cause of your accident and who was at fault. This is important to the success of your case, and you should make sure your truck crash lawyer is out on the truck accident scene immediately once they take you on as a client. The evidence that a truck attorney can gather from the crash scene is vital in proving that the truck driver and truck company were at fault.
Contact Our Experienced Georgia Trucking Accident Attorneys Today for Legal Advice!
If you’re a truck accident victim, you shouldn’t have to bear the burden of financial hardships from the crash besides the physical and emotional anguish the wreck has already caused. The compassionate Decatur truck accident lawyers at Marks Law Group, LLC are here to help you recover the maximum compensation you deserve. To schedule a free initial consultation, call our personal injury law firm today at (678) 251-9309, or chat with us online to learn how we can help.
Call us today to schedule your free consultation.