Truck accidents are often extremely dangerous because of the size and weight of many commercial trucks. When these devastating accidents occur, individuals deserve to be compensated by the negligent parties.
That is why it is essential to seek help from a truck accident lawyer with experience dealing with such complex cases. Our team can help identify the parties responsible for the accident and hold them accountable in a lawsuit. However, it is important to act quickly, as you only have a certain amount of time to file a claim for damages. Building a strong case requires gathering much information, so get your case started today.
Call Howe Law at (844) 876-4357 to speak with our truck accident attorneys and have your case reviewed free of charge.
The Role of a Truck Accident Lawyer in Tucker, GA
If you or a loved one has been involved in an accident involving a commercial truck, semi-truck, 18-wheeler, or any other large vehicle, it is important to seek help from a firm with the right experience. Our truck accident attorneys know that these types of accidents can be incredibly complex because of the nature of the vehicles involved and the regulations that govern the trucking industry. Fortunately, we can help you receive the compensation you deserve by offering numerous services specifically tailored to truck accident cases.
Establishing Liability
When it comes to truck accidents, determining liability is a complex and challenging task. Unlike car accidents, where fault is often attributed to one driver, truck accidents often involve multiple parties that could be held responsible for the accident. These parties might include the truck driver, the trucking company, the vehicle’s owner, the cargo loader, or even the truck manufacturer if a mechanical failure was responsible for the accident.
To establish liability, our team can conduct a thorough investigation into the accident’s circumstances. This investigation usually involves reviewing police reports, medical records, and witness statements, as well as analyzing the truck’s maintenance records and the driver’s logbook.
Understanding Trucking Regulations
The trucking industry is subject to strict regulations imposed by both the federal government and Georgia state laws. The Federal Motor Carrier Safety Administration (FMCSA) specifically sets forth the regulations that govern the industry, including rules on hours of service, vehicle maintenance, driver qualifications, and more.
While this might be overwhelming for some, our team in Tucker possesses an in-depth understanding of these regulations. We can use this knowledge to scrutinize the details of your case and determine if any regulations were violated during or before your accident occurred.
Calculating Damages
Truck accidents can have devastating consequences, causing severe injuries that can result in significant medical expenses, loss of income, and other damages. Our skilled attorneys can accurately calculate the damages you are entitled to, including future costs such as ongoing medical care or reduced earning capacity.
We will also factor in non-economic damages like pain and suffering, which can add up to a considerable amount and significantly increase the compensation you receive. Additionally, our firm can arrange for expert witnesses, such as accident reconstruction specialists and medical professionals, to testify. This will help build a strong case that demonstrates the other party’s negligence or fault.
Negotiating with Insurance Companies
It is a common practice for insurance companies to prioritize their profits over the well-being of the injured victims. In case of a truck accident, insurance companies often try to minimize payouts to protect their bottom line. This is where our lawyers can step in.
We have the necessary experience to negotiate with these companies on your behalf so that you receive a fair settlement for your losses. Our team has an in-depth knowledge of the tactics insurance companies use to reduce payouts and knows how to counter them effectively.
Trial
In the event that the parties involved are unable to reach a mutually agreeable settlement, it might become necessary for your case to be presented before a court. In such a scenario, our firm will remain by your side and provide you with unwavering representation throughout the entirety of the litigation process.
We understand the importance of securing a favorable outcome for your case, and as such, we will leave no stone unturned in our pursuit of justice on your behalf. We will work diligently to gather and present compelling evidence, organize expert witnesses, and make persuasive arguments to demonstrate the strengths of your claim.
Statute of Limitations to File a Truck Accident Lawsuit in Tucker, GA
Under O.C.G.A. § 9-3-33, the statute of limitations for truck accident cases is set at two years from the date of the accident. This means that if you have been injured or your property has been damaged in a truck accident, you have two years from the date of the accident to file a lawsuit to seek compensation for the damages incurred.
However, there are certain exceptions to this two-year rule that might extend this period. For instance, under O.C.G.A. § 51-4-2, if the truck accident resulted in a wrongful death, the statute of limitations is two years from the date of the victim’s death, which might be later than the date of the accident.
Another exception involves cases where the victim is a minor or legally incompetent at the time of the accident, as per O.C.G.A. § 9-3-90. In such cases, the statute of limitations does not begin until the victim turns 18 years old or the victim’s legal competence is restored. This means the victim can file a lawsuit within two years of either of these events, whichever comes later.
Proving a Truck Accident Lawsuit in Tucker, GA
The cornerstone of a truck accident lawsuit is negligence. In legal terms, negligence refers to the failure to exercise reasonable care to avoid causing harm to others. Four elements must be proven to establish negligence in a truck accident case.
The first element involves demonstrating that the truck driver or the trucking company owed a duty of care to the victim. In the context of truck accidents, this duty is often straightforward to establish, as all drivers are expected to operate their vehicles safely and responsibly.
The second element is showing that the defendant breached their duty of care. This breach could involve various actions or inactions, such as distracted driving, speeding, violating traffic rules, or failing to maintain the truck properly.
The third element, causation, requires showing that the defendant’s breach of duty directly caused the accident and your injuries. This might involve proving that the accident would not have occurred if the defendant had not acted negligently.
Finally, you must prove that they suffered actual damages because of the accident. These damages could be physical, such as injuries and medical expenses, or non-physical, such as pain and suffering or loss of enjoyment of life.
Our Tucker, GA Truck Accident Lawyers Can Help Get Justice for Your Injuries
For a free case consultation with our truck accident attorneys, contact Howe Law today by calling (844) 876-4357.
