There are many different forms of negligence that can lead to crashes involving large trucks. Both truck drivers and trucking companies can be held liable for collisions caused by their careless actions. There are multiple forms of monetary damages that may be awarded to plaintiffs in truck accident lawsuits.
However, these types of cases can be complex and tiresome. Defendants often try to delay lawsuits and refute elements of plaintiffs’ claims. Accordingly, the support of a truck accident lawyer can be very helpful when seeking the compensation you deserve.
If you were injured because of a truck accident in Savannah, GA, get help building your case. Reach out to our experienced Savannah truck accident lawyers by calling Howe Law at (844) 876-4357 to review your case for free.
Damages Available in Savanna, GA Truck Accident Lawsuits
There are multiple categories of monetary damages that may be awarded to successful plaintiffs in motorcycle accident lawsuits. The several factors that can influence the type and amount of damages awarded in your case. Courts will likely look to the type of injuries you suffered as well as the overall impact they had on your life. During your free case review, our Savannah truck accident lawyers can help assess which of the following damages may be available to you:
Medical Expenses
Truck accident victims can seek compensation for any damages they sustained because of their crashes. All costs from emergency care to prescription medication may be recovered. These damages are usually quantified using medical bills and records. Accordingly, you should seek medical treatment promptly after suffering a truck accident. Appropriate documentation of the harm you incurred will be necessary for your case to prevail. Our team can help refer the right physicians for you.
Lost Income
Also, many truck accident victims must spend time away from their jobs while their injuries heal. Fortunately, our Savannah truck accident lawyers can help obtain payment for any lost wages related to your injuries. These damages are most often calculated using your average weekly wage.
Some truck accident victims are permanently unable to return to the same positions they held before suffering their injuries. For these victims, our attorneys can fight for compensation related to a lost earning capacity in the future.
Pain and Suffering
Collisions involving large trucks have a high propensity to cause severe harm. Fortunately, victims may also recover compensation for the physical pain and emotional suffering they endured. Damages for pain and suffering can cover a wide range of non-economic harms related to your accident. For instance, these damages may compensate you for your inability to partake in the same hobbies and activities that you enjoyed before your crash. Furthermore, damages for pain and suffering may stem from your inability to engage in meaningful family relationships after an accident.
Damages for physical pain and emotional anguish can be hard to quantify. You should contact our experienced Savannah truck accident lawyers for help obtaining the full range of compensation available to you.
Out-of-Pocket Expenses
Additionally, you may seek compensation for damages related to out-of-pocket expenses. There are many types of out-of-pocket expenses that may be incurred because of a truck accident. For instance, you may have to pay for costly transportation to and from court proceedings and medical appointments. In this case, financial documents such as receipts could be used to support your claim for out-of-pocket expenses. Accordingly, you should preserve receipts for any expenses you suffer because of a truck accident.
Property Damage
When standard cars are struck by large trucks, severe property damage can occur. Therefore, plaintiffs in truck accident cases can also obtain payment for any property damage they sustained because of a truck driver or trucking company’s negligence. These damages will likely be calculated using the cost of repair or replacement of your vehicle.
If you suffered a truck accident, you should take photos of your vehicle that show the property damage you incurred. Photos from the scene can be very helpful when building your claim.
Punitive Damages
Lastly, in rare cases, plaintiffs in Savannah truck accident lawsuits may be able to obtain punitive damages. Punitive damages are only awarded in cases where defendants’ actions went beyond mere negligence. These damages serve to punish especially reckless or intentional behavior. For instance, punitive damages may be awarded in a case involving a drunk truck driver that was engaged in wrong-way driving on a one-way street. Our Savannah truck accident lawyers can help determine if punitive damages may be awarded in your case.
Time Limit to File Truck Accident Lawsuits in Savannah, GA
The time window to sue for your truck accident injuries in Georgia is governed by O.C.G.A. § 9-3-33. You will usually have two years from the date of a truck accident to bring a claim against the responsible party. It is imperative that you file your case as quickly as possible. If you wait too long, you may miss your chance to obtain financial compensation. Further, important evidence may become difficult to preserve or gather.
There are exceptions to the two-year statute of limitations outlined by § 9-3-33. For instance, parents retain the ability to initiate legal proceedings on behalf of their injured children until the minors reach the age of 18. Subsequently, once the individuals attain adulthood, they are granted a two-year window to pursue compensation for injuries sustained in truck accidents during their youth.
Additionally, separate regulations govern the timeframe for filing car accident claims related to property damage in Georgia. According to O.C.G.A. § 9-3-31, individuals typically have a four-year period within which they can submit claims for property damage resulting from a truck accident. After reviewing the specifics of your case, our truck accident attorneys can explain how the statute of limitations will be applied.
Common Sources of Truck Accidents in Savannah, GA
There are several forms of negligent behavior committed by trucking companies and their drivers that lead to accidents. Our Savannah truck accident lawyers can help find out if your truck accident stems from one of the following causes:
- Inappropriate use of tiedowns
- Violations of hours of service regulations
- Improper cargo securement practices
- Drunk driving
- Tired driving
- Distracted driving
- Speeding
- Improper lane changes
- Defective vehicle parts
- Defective cargo securement devices
If your truck accident stems from one of the aforementioned causes, our attorneys can help recover financial compensation from the at-fault party.
Common Injuries Caused by Truck Accidents in Savannah, GA
There are many types of devastating injuries sustained by truck accident victims. These injuries can cause great physical pain and may require expensive, long-term medical care. The following are common categories of truck accident injuries suffered by victims in Savannah:
- Spinal cord damage
- Traumatic brain injuries
- Broken bones
- Burns
- Knee injuries
- Wrist injuries
- Shoulder injuries
- Hip injuries
- Internal injuries
- Scarring and disfigurement
- Psychological injuries
If you suffered any of these injuries as the result of a truck accident, our Savannah truck accident lawyers can help fight for the financial compensation you deserve.
When to See a Doctor After a Truck Accident in Savannah, GA
Getting medical help right after a truck accident is crucial for multiple important reasons.
First, it ensures that any injuries are treated quickly and are prevented from getting worse. It also helps connect your health problems directly to the accident, which is crucial for legal matters. For instance, waiting to see a doctor might make it harder to gather evidence that establishes fault for your crash. Moreover, a defendant’s insurer may assert that a delay in medical treatment means that you were not truly hurt by your collision.
Accordingly, you should seek medical treatment as quickly as possible after your truck accident. Our legal professionals can help find the right doctor for you.
Establishing Fault for a Truck Accident in Savannah, GA
In order to obtain payment for your truck accident injuries, you may need to present evidence that proves your crash happened because of another party’s negligence. As previously discussed, there are several different forms of careless conduct that can lead to truck accidents. It follows that there are also many types of evidence that can be used to prove fault for such accidents.
Eyewitness Testimonies
One crucial form of evidence to establish fault in a truck accident is eyewitness testimonies. Individuals who observed the incident firsthand can provide valuable accounts of the events leading up to the collision. Their perspectives can shed light on factors such as reckless driving, traffic violations, or other negligent behaviors exhibited by the truck driver, contributing to a comprehensive understanding of the circumstances surrounding the accident.
Surveillance Camera Footage
Another significant source of evidence is surveillance footage. Many intersections and roadways are monitored by surveillance cameras, including dashboard cameras and private security cameras, that capture real-time traffic activities. This visual documentation can offer an unbiased record of the events leading to a particular truck accident. Analyzing such footage can be instrumental in determining fault and liability.
Electronic Logging Devices (ELDs) and Black Box Data
Large trucks are often equipped with Electronic Logging Devices (ELDs) and black boxes, recording essential data about the vehicle’s performance. This includes information on speed, braking patterns, and engine status. Accessing and analyzing this data can offer valuable insights into the truck driver’s actions leading up to the accident, helping establish whether any mechanical failures or violations of safety regulations occurred.
Accident Reconstruction Analysis
Accident reconstruction analysis involves the use of experts to recreate the events of the accident based on available evidence. This may include studying skid marks, vehicle positions, and damage patterns. Professionals in accident reconstruction can provide a comprehensive understanding of how the accident unfolded, greatly assisting our legal team in identifying at-fault parties.
Cell Phone Records
Examining cell phone records can be pertinent in cases where distracted driving is suspected. If the truck driver was using their phone at the time of the accident, it can serve as evidence of negligence. Retrieving and analyzing these records can contribute to building a compelling case against the responsible party.
Weather and Road Condition Reports
In some cases, weather and road conditions may contribute to the cause of a truck accident. Gathering official reports on weather conditions and the state of the road at the time of the incident can provide insights into whether these external factors played a role. This information can be particularly relevant in establishing whether the truck driver exercised appropriate caution given the prevailing conditions.
Maintenance and Inspection Records
Examining the maintenance and inspection records of the truck involved in the accident is crucial. Poorly maintained vehicles or those with unresolved mechanical issues can be a contributing factor. Accessing these records can reveal whether a trucking company acted in compliance with safety standards and whether any negligence in maintenance contributed to the accident.
Employer Records and Training History
Lastly, employer records and training histories may be presented to establish fault for truck accidents. This process involves verifying whether the truck driver underwent proper training and certification. Additionally, evaluating the employer’s hiring practices, supervision, and adherence to industry regulations can provide insights into whether any organizational negligence contributed to the accident.
Sharing Fault for Truck Accidents in Savannah, GA
It is possible for victims to share a degree of fault for their truck accidents. For example, a driver may be partially to blame for their crash if they were speeding when they were struck by a drunk truck driver. Furthermore, fault may be shared if a speeding motorist was hit by a truck driver who ran a red light. Thankfully, even if you are somewhat at fault for your truck accident, you may still be able to acquire compensation for your injuries.
Georgia courts will adhere to the rules of “modified comparative negligence” when apportioning damages in truck accident cases. This means that damages are awarded based on parties’ degrees of blame. For instance, if you are 20% responsible for your crash while a truck driver is 80% to blame, then they will be accountable for 80% of your damages related to the collision while you are responsible for the remaining 20%.
It is important to note that you will be unable to recover payment if your share of fault for your truck accident is 50% or greater.
If You Were Hurt Because of a Truck Accident in Savannah, GA, Our Attorneys Can Help
If you were hurt because of a truck accident, seek guidance and support from our experienced Savannah truck accident lawyers by calling Howe Law at (844) 876-4357 to review your case for free.
