Truck crashes are some of the worst types of auto accidents there are. Victims often face severe injuries because of the weight of the trucks that travel on our roads every day. If you were hurt in a crash with an 18-wheeler, you should consider seeking medical attention right away and legal help in the days to follow.
Our lawyers can help you get compensation for your injuries from the responsible parties, which might include more than just the driver who hit you. We can also work to see that insurance companies do not undercut your damages and offer only a “nuisance” settlement to end the case quickly and cheaply for them, all the while leaving you with unreimbursed medical bills, lost wages, and pain and suffering.
Call Howe Law’s Atlanta truck accident attorneys today at (844) 876-4357 for a free evaluation of your potential case.
Determining Who is at Fault in a Douglasville, GA Truck Accident
Trucking accidents can be caused by many different parties. Depending on the cause of the accident, fault may lie with different people, potentially even people who were not present at the scene of the accident.
What Constitutes Fault?
For our truck accident lawyers to hold anyone responsible for your truck crash, we must have evidence to show that they violated a legal duty. This duty can be one set by law – such as the duty to drive below the speed limit – a duty set by regulation – such as weight limits set by the Federal Motor Carrier Safety Administration and other state and local agencies – or a duty set by general standards of reasonableness – such as the duty to keep your attention focused on driving.
If a driver violates this duty and it causes a crash, they are liable for the consequences, including injuries and property damage. If another party’s violation of a legal duty causes the crash, they can be held liable, too. And if multiple drivers or parties each violated a duty, they will each be responsible for their fair percentage of blame and the same percentage of monetary damages.
Driver Liability
Drivers can be liable for causing a crash. While most truck accidents are caused by a negligent trucker, other drivers could be liable instead or perhaps share liability.
For example, in a truck crash where the trucker was speeding or driving drunk, the trucker will likely be at fault. However, some crashes will be caused by a different driver crashing into or cutting off the trucker, causing the truck to crash and other cars to hit the crashing truck. In these cases, the third driver should be held liable – the one who caused the initial crash. Other drivers might also share liability for your damages if they were following too closely and were unable to stop in time to avoid a secondary crash.
All in all, fault can also include some blame for the victim. If you contributed to causing the crash, you will not usually be cut off from receiving damages until you are 50% to blame for the accident. Instead, your damages are just reduced by your percentage of fault and the defendant(s) still pay their fair share of damages.
Other Parties’ Liability
Trucking companies are often held liable for their drivers’ actions under a principle of “vicarious liability.” Here, even if the trucking company was not directly involved in causing the crash, it is responsible for what its employee did during the scope of their employment. As such, this rule does not extend to cover independent contractors and other “self-employed” truck drivers, just ones who work as employees at trucking companies.
Trucking companies also own the trucks in many cases. As such, they are responsible for proper maintenance and upkeep of the vehicles, including making sure that they meet inspection standards, weight limits, and other requirements. Accidents caused by problems with the truck could be the trucking company’s fault.
Trucking companies might also be accountable to you for hiring an unsafe driver or keeping an unsafe driver on staff.
Lastly, a few other parties could potentially be held partially responsible for an accident, such as a local government that allows roads to fall into disrepair or an automaker whose vehicles are defective.
Damages for Truck Accident Injuries in Douglasville, GA
If you were injured in a crash, you could now be left with substantial damages. Our lawyers fight to get all damages compensated, including the following:
Medical Expenses
The cost of getting medical care is incredibly high in Douglasville and the surrounding areas. If you spent any time in the hospital or received surgeries, physical therapy, and other care, you will be left with expensive medical costs you can seek compensation for in an injury case. This can also include the cost of mental health therapy and other care related to your injuries.
Lost Wages
If your injury kept you from returning to work, your lost wages will also be considered damages in your injury case. This is true even if the accident had nothing to do with your job. Lost earnings during your recovery, lost promotions, reduced hours, and permanent disability all end up costing you money, and the value of those lost wages can all be claimed in your injury case.
Pain and Suffering
Pain and suffering damages and other “non-economic” damages are meant not to pay you back for expenses but to pay you back for experiences. The physical pain you felt, the mental and emotional distress you experienced, the hopelessness you faced, the fear, the embarrassment, and more can all be compensated under the umbrella of “pain and suffering” damages. These damages are usually higher for more serious injuries and injuries that have a bigger effect on your life, and calculating the precise value depends on the specific details of your case.
Call Our Truck Accident Attorneys in Douglasville, GA Today
For a free case assessment after a truck accident, contact the truck accident lawyers at Howe Law at (844) 876-4357 today.
