Compared to a car crash, truck accidents are catastrophic. The damage is significantly greater and more expensive than with smaller vehicles; as well as the potential for loss of life is exponentially higher.
Being in a truck accident can have devastating effects on your life physically, mentally, and financially. The sheet level of carnage and destruction often involved with accidents like this are one of the reasons that truck accident lawsuits are a little more complicated than car accident lawsuits in Atlanta.
Table of Contents
- Who is Liable
- Comparative Negligence
Here at The Brown Firm, we hear about cases like this every week, and we're fully equipped to help you get through yours. Our expert truck accident attorneys have years of experience dealing with claims just like this and can help you get the compensation that you're entitled to.
Who Is Liable?
Determining liability is one of the most important, and often challenging, aspects of a truck accident lawsuit.
Several different factors go into the decision. This is primarily because truckers are often on the clock when they're in an accident, which brings the employer into the mix.
For your truck accident lawsuit to be successful, you need to be able to prove that one or more parties' negligence was the cause of the accident. This can be an employer or a truck driver.
This is not always completely clear, for example, when there is an independent contractor. If the truck driver is an independent contractor, then the driver is responsible for the accident, not the employer.
However, you're going to find that often the employer is going to try and claim that the truck driver is an independent contractor even if they're not to avoid getting sued.
Being an independent contractor brings on a strict and specific set of rulings that the employer must follow, and those rules need to be investigated to determine whether or not the driver is classified as a contractor or an employee. This is just one of the reasons that truck accident lawsuits in Atlanta can take a long time.
Other factors can go into the accident, though. For example, if there is a faulty part on the truck that caused the crash, then the truck manufacturer can be held accountable for the damages.
Often the cause of an accident is due to the truck driver's negligence. Driving a commercial truck has more responsibility and is more complicated than driving a car. This is why truck drivers must always be alert and responsible on the road. Unfortunately, most commercial truck accidents are due to the truck driver's negligence by speeding, driving fatigued, or carelessness. Other common causes are defective equipment and improperly loaded cargo.
It is not uncommon with truck accidents for both parties to be at fault. When this happens, the case becomes a comparative negligence case.
With comparative negligence, both you and the other parties involved are going to be paying and receiving compensation proportional to how much of the blame each of you holds.
Assigning that blame is a long and complicated process that takes place in the courtroom, and is yet again another reason that truck accident lawsuits can take much longer than traditional car crash cases. Common FAQs
Over the years of offering free consultations to Atlanta, we've heard plenty of questions regarding truck accidents, as well as other kinds of personal injury cases.
We've collected some of the recurring questions down below for you to have a look at.
Do I Need Evidence?
Yes, you're going to need evidence.
If you are an employee of the trucking company, then your employer is going to be the one responsible for scene investigation and building the case. If you're on your own, however, there are a few bits of paperwork that you're going to need to need to get your hands on.
First, make sure you get a copy of the police report that was filed, as well as a copy of any tickets that were issued at the scene.
Get photos of the accident and damage to the trucks, as well as any injuries that you have sustained. Then you're going to need your medical and repair bills so that a compensation value can be determined.
How Long Do Cases Take?
The average amount of time it takes to settle a case is between six and 12 months. This number is often slightly higher in the case of truck accidents, though. As we have discussed in this blog, there are many reasons that truck accident lawsuits take longer to settle.
How Much Does a Truck Accident Attorney cost?
The type of attorney you will hire is a personal injury attorney. Personal Injury attorneys typically work on a contingency fee basis. This means they will not take any money upfront, and only take a small percentage of the settlement for legal fees. This means if you don't get a settlement, then you don't pay!
What can I be compensated for in a Truck Accident Lawsuit?
After an accident with a commercial truck you can be compensated for:
- Property Damage
- Medical Bills
- Pain and Suffering
- Lost Wages
Get the compensation you deserve from your truck accident case by getting the best personal injury attorney on your side.
What steps should I take after a truck accident?
Its helpful to know what steps to take after a Truck Accident in Atlanta. If you find youself in an accident with a semi-truck, you should take the following steps:
- Call the police. You should quickly call emergency services, especially if there are serious injuries. You want to ensure your safety and anyone else's safety first after an accident.
- Collect evidence. Get as many details as possible about the accident, including the licenses, addresses, phone numbers, and insurance companies of everyone involved. Take pictures of the truck, car, and any evidence on the scene. Be sure to get the truck driver's employer's information as well. Get the police report and any witness information. These things will all help when filing your claim.
- Call a personal injury attorney who specializes in truck accident lawsuits.
The Wrap Up
Hopefully, you know have a better idea regarding what goes into a truck accident lawsuit in Atlanta.
If you have any further questions about the things we've talked about, you can give The Brown Firm a call, or send us an email, and one of our expert lawyers can help you arrange a free consultation.