Riding around in Sandy Springs and metro Atlanta almost inevitably means sharing the road with massive tractor-trailers and other large commercial vehicles. Because of their size, difficult maneuverability, and the frequency with which they travel, these huge vehicles all stand the risk of inflicting major damage in the event of a truck accident.
Anyone who has been injured in a truck accident knows just how steep the costs can be. Between medical bills, lost work income, vehicle repair costs, and other damages, a truck accident can lead to major financial setbacks.
One recourse injury victims can take advantage of, though, is to file an injury claim against the trucking company and all other at-fault parties involved in the wreck. Ali Awad, the CEO Lawyer, and the rest of his Personal Injury Law Firm understand the difficulty that can come with these types of claims.
Carrier companies are notorious for fighting liability and trying to settle as low as possible. Sometimes, they may even deny access to key evidence, like the truck’s “black box” telemetry data.
We’ll fight back against their tactics, simplifying your claims process while maximizing your chances of recovering all damages.
Find out more about how we can help you go up against big trucking companies and other commercial interests during a free, confidential case review with no obligation. Schedule your free case evaluation today when you call (470) 323-8779 or contact us online.
Benefits of Working With a Sandy Springs Truck Accident Attorney
Working with an attorney gives you instant access to a wide range of knowledge, experience, and resources.
At the CEO Lawyer Personal Injury Law Firm, we have won millions in settlements and jury verdicts for our clients. Our familiarity with the claims process and ability to anticipate common legal tactics commercial truck companies use help us increase your chances of obtaining a successful result.
You’ll receive a partner who will help see your claim through from start to finish. Our goal is always to move quickly, gathering evidence of fault and helping you estimate the full value of damages you have suffered, as well as those you are likely to suffer in the future.
We’ll help you avoid common mistakes while working to protect your own legal and financial interests through every step of the process.
Benefits and services you can expect to receive when you retain our legal representation include:
- There are no up-front charges for our legal services when you agree to a contingency arrangement, which means we only get paid if you do
- Seasoned legal guidance through every step of the claim, keeping you informed and in control of the case’s most critical decisions
- Protection from common strongarm tactics used by corporations and large insurers, which can include making misleading statements as to available coverage, persuading you to make a recorded statement, and undervaluation of your full damages.
- Extensive resources to fully investigate and research your case, helping us establish liability through accident scene evidence and knowledge of prior case outcomes.
- Accurate valuation of your damages, including all projected future healthcare costs, income losses, and other damages injury victims often end up paying for out-of-pocket long after their settlement was signed.
- Preparation for the lawsuit process and a court case if an amicable settlement is not reached or if you are threatened with legal action by the at-fault parties.
Overall, you significantly reduce your worries and the stress involved in filing your claim, and you’ll raise your chances of a successful result by securing your own attorney to represent you. You can expect compassionate, dedicated service and experienced counsel from our proven and driven attorney team.
Who Is at Fault in My Truck Accident Injury Case?
Truck accidents can involve extremely complicated crash scenarios. Because of the vehicles’ size, commercial trucks are more likely than other vehicles to be involved in a multi-car accident.
Another driver or negligent party may have triggered the initial accident, meaning that multiple parties could hold a portion of fault for your damages.
By working with an experienced attorney, you can thoroughly investigate your accident and explore all angles for determining liability. Then, you will be able to file an injury claim — or a lawsuit — against each party involved.
Common categories of parties named in truck accident injury claims include the following.
Carrier Companies and Other Commercial Enterprises
In many situations, the company that owns the truck or that contracted the haul will assume the majority of liability for damages following a truck accident.
The doctrine of “respondeat superior” means that employers are responsible for the negligent acts of their employees, as well as the acts of certain individuals operating directly under their control. Because of this doctrine, a trucking company is supposed to pay for the costs of an accident, even if it was the driver’s own actions or mistakes that led to the collision.
Further, trucking companies and others that hire commercial drivers can hold liability because of their negligent actions in screening, hiring, training, or instructing those who are acting directly in their interests. A company that encourages drivers to skip mandatory rest breaks, for example, or that fails to properly drug test candidates, can demonstrate a pattern of negligence that makes them liable for the damages of an accident.
Thus, even when a company tries to classify someone as an independent contractor, they may still hold responsibility — in part or in full — for the accident’s costs.
Tractor-Trailer Owner-Operators and Other Independent Drivers
In the small percentage of cases where a truck driver does assume liability directly, they are likely to be an independent owner-operator of the vehicle, which means they are expected to have a commercial liability policy of their own.
In Georgia, the minimum insurance that must be available to cover the medical costs of an accident that occurs during a commercial haul is $300,000. Many carriers and independent haulers will carry more, $750,000 – $1,000,000 per accident, in order to avoid being exposed to direct liability.
Often, drivers designated as independent contractors can also be determined to have been misclassified employees by virtue of the lack of control they have over their working terms or a lack of ownership of the vehicles and equipment used to haul the goods.
Third-Party Equipment Owners and Maintenance Companies
Commercial truck companies are responsible for maintaining the road readiness of their own equipment, but in cases where trucks or trailers are rented, the company that technically owns the vehicle may hold liability if it was determined that their own negligence contributed to the accident.
Lack of maintenance, failure to keep up-to-date with safety requirements, or failure to properly warn and instruct equipment users are all common reasons that a company that leases trucks and trailers could hold liability.
Similarly, when a third-party maintenance contractor performs poor work that the actual owner of the equipment would be unable to detect, they may hold a portion of liability for the outcome of a truck accident.
Truck and Trailer Manufacturers
Sometimes, a design flaw or manufacturing defect in a vehicle could have been a major contributor to an accident’s circumstances. Examples include brake lines that fail or trailer designs that create an unreasonable risk of serious injury in the event of an accident.
Further, a failure to properly warn users or instruct them in the safe use of the equipment can be considered a form of defect, which would make them liable for injuries that result.
Other Drivers Involved
When a driver of a passenger vehicle’s action triggered the initial collision, or when their actions caused a secondary impact to happen when it should not have otherwise, they can share liability for a truck accident.
Your attorney will look at each collision that occurred and consider its cause on a separate basis. Then, they will determine the percentage of fault other drivers involved in your accident should assume based on their negligence and its role in contributing to your injuries.
Negligent Property Owners and Highway Agencies
If a defect on a public or private roadway led to the accident or contributed to its severity, the agency or property owner most responsible for its maintenance can be named as a party in an injury claim.
Georgia’s Modified Contributory Negligence Law
Knowing how each party’s actions and decisions contributed to an accident is critical because each will be assigned a portion of liability for the resulting damages.
If, for example, a careless SUV driver and a drowsy semi-truck driver both contributed equally to causing a wreck where you were injured, they could split the total cost of your damages 50/50.
Each party involved will be assigned their own portion of fault, which can make truck accident claims become complicated quickly. Further, trucking companies and others involved in the wreck may try to allege that you contributed to a fault of your own, reducing your available award by that percentage.
A personal injury lawyer can assist greatly in deciphering who, exactly, holds what percentage of fault, pursuing them each for damages. They can also help you fight against allegations that you contributed to the fault, or at the very least, seek to reduce your assumed percentage of fault as much as possible so that you are able to claim the most damages you can in the aftermath of your truck accident.
What Types of Damages Can I Claim in a Commercial Truck Accident?
A truck accident will likely lead to damages in one or more of the following categories:
- Medical bills, past and future, covering all initial injury care as well as follow-up care until the injury is fully healed
- Lost wages, compensating the injury victim for all reductions in earnings caused by their accident injury, including reductions in paid time off, benefits, commissions, tips, bonuses, and other forms of income they would have likely earned
- Out-of-pocket expenses made necessary by the accident, such as the costs of travel to or parking at medical care appointments
- Pain and suffering damages, provided to compensate the victim for their physical discomfort, mental suffering, and the loss of ability to participate in activities or spend time bonding with loved ones
- Property damages, paying for the costs of vehicle repair/replacement as well as replacement of any clothing or valuable goods destroyed in the accident
- Punitive damages, which can only be awarded by a jury at the conclusion of a trial when the negligent party displayed egregious, reckless, or intentionally harmful behavior
What Are Some Things I Can Do to Protect My Legal and Financial Interests After a Truck Accident?
What you say and do after a truck accident can have a huge effect on your ability to claim full compensation. It is particularly important to avoid making statements indicating fault and to also seek a medical evaluation immediately after your accident.
Below are some more key steps to take that can help you maximize your chances of successful damage recovery:
- Remain calm after the accident, and don’t admit fault. Avoid making apologies or statements indicating a fault, and instead focus on the medical status of you, your passengers, and others involved in the accident.
- Request that police come to the accident scene. Ideally, police will arrive, gather evidence, and make a preliminary determination of the accident’s cause. If you did not have a police report created at the scene, be sure to file your own GA crash report ASAP.
- Get a medical evaluation as soon as possible. Your appointment not only helps you begin treatment earlier, but it also helps connect your injuries to the accident event. Make sure all your symptoms are recorded on your patient documentation.
- Try to get the truck driver’s CDL and insurance policy number at the scene. It can sometimes be challenging to get all of the information you need from a truck driver at the accident scene, but be insistent that you need these numbers to follow up. If the driver won’t provide them, encourage the police respondent to record them.
- Take accident scene photos and get witnesses’ contact information. This due diligence can go a long way towards helping reconstruct the accident’s events.
- Be extremely careful when talking to a company or its insurers. Any statement you made could impact your claim. Definitely do not provide a recorded statement.
- Refer to your attorney to protect your legal interests. Ideally, you will secure representation at the start of your claim. They can help you navigate the insurance claims process while avoiding common missteps. At the very least, you will want an attorney to review any settlement offer you receive.
Work With an Experienced Sandy Springs Truck Accident Law Firm
Ali Awad, the CEO Lawyer, and his team are passionate about helping injury victims in their time of greatest need. The last thing we want is for you to leave money on the table, eventually paying out of pocket for damages inflicted by someone else’s negligent behavior.
Let us help you recover more, medically and financially, in the wake of your serious accident with a commercial vehicle. We are available to represent you and to help you stand up for your own interests in the face of corporate intimidation.
Find out how much your case could be worth — and how we can help you maximize your chances of success — during a free, no-obligation case evaluation. Call (470) 323-8779 or contact us online to schedule your free case review today.
