Being involved in a truck accident can be a highly traumatic experience. Truck accidents could easily lead to irreparable physical, financial, and emotional damages. Unfortunately, no amount of compensation can make up for the mental trauma that commercial trucking accidents can cause.
However, the amount can help you avoid financial distress as a result of lost wages from time spent away from work, the piling of medical bills, and the loss of future earnings associated with the injuries and damages sustained.
If you or a loved one was involved in a trucking accident in Union City, GA., consider scheduling a free consultation with an accident lawyer with the Law Offices of Gilbert Sperling, III, P.C.
We are a personal injury law firm that has been representing injury victims in Georgia seeking compensation and justice for decades now, and we believe we can help you too. Reach out to us today at (404) 383-6975 to schedule a consultation with a Union City truck accident lawyer.
Truck Accident Statistics
Truck accidents have been on the rise throughout the country, and Georgia is not an exception. Based on data from the Georgia Governor’s Office of Highway Safety. There were:
- 234 truck accident fatalities in 2020 recorded in Georgia
- 204 fatalities were recorded in 2019 in Georgia truck accidents
- 192 fatalities were recorded in 2018 in Georgia truck accidents
From this data, it’s evident that the rate of fatal truck accidents has been rising since 2018 in Georgia, despite the government’s continued efforts to prevent them.
What Should You Do After a Truck Accident?
Here are the steps you should take after a truck accident.
You should ideally call the authorities immediately after the truck accident. This will ensure that help arrives for you and anyone else who might need it after the accident. The police will also create a police record outlining the party at fault.
Ensure that everyone else at the scene of the accident is safe and wait for the paramedics to arrive at the scene of the accident. Attend to those who need first aid if you’re able to.
This includes the names, phone numbers, addresses, and other identifying information about the truck driver and any other motorist involved in the crash. Be sure to collect the driver’s name, license numbers, license information, and other relevant details.
Be sure to also get the contact details and addresses of any witnesses at the scene.
Document the Scene and Speak with Witnesses
If possible, take detailed pictures or videos of the scene of the accident, and capture details such as the vehicles’ position, the damage to the vehicles, and the injuries sustained, along with any other details relevant to the crash, including skid marks, surrounding road signs, the road conditions, etc.
Seek medical attention
Even if you’re not feeling any pain, you should seek medical attention. Keep in mind that the adrenaline rush from the crash could mask injuries, meaning it will take time for them to become obvious. Let a trained professional confirm that you are okay.
This will also create a medical record of your injuries that will come in handy when you make a personal injury claim.
Contact an Attorney
Following a truck accident, one of the most important things you can do is contact a Union City truck accident lawyer. It’s strongly recommended that you involve a lawyer, even if you’re not sure who caused the accident. Truck accidents typically include many different legalities, especially in cases involving heavy commercial trucks.
What are the Laws Regarding Truck Accident Liability?
Since the risk of truck accidents is usually high, the government has put in place certain rules and regulations to ensure maximum safety for all road users. When it comes to establishing liability for a truck accident, these rules will be considered. The most important ones are as follows:
- Every truck driver has to be licensed by the state and must have passed all the necessary tests
- Every truck driver has to undergo special training to ensure they have the skills required for the job
- Every truck driver has to undergo standard physical tests every two years
- Truck drivers are prohibited from carrying alcohol unless it’s the cargo
- Every cargo in transit must be fastened safely and properly
- The FMSA only allows truck drivers to work for a maximum of 11 hours a day
- Truck drivers are prohibited from operating their trucks while intoxicated or under the influence of alcohol or drugs
- All trucks must display HAZMAT markings as well as other indicators to protect other road users
These laws are put in place to lower the likelihood of truck accidents. As such, non-compliance is a call for trouble, and a point of liability in case of an accident.
How Can a Union City Truck Accident Lawyer Help?
These are a few ways that a Union City truck accident lawyer can help:
When you hire a Union City truck accident lawyer, they will start investigating the details of your case immediately. Your Union City lawyer will also talk to witnesses, collect and preserve any available evidence, and handle the necessary documentation and paperwork from the trucking company and their insurance provider.
File a claim
Your Union City truck accident lawyer will also help you navigate the process of filing a claim from start to finish. They will also ensure your claim has the backing of strong evidence and that all the paperwork is filed in time.
Once you file your claim, the next step will be negotiating with the insurance companies to get them to pay the right settlement amounts. However, most insurance companies will either deny or devalue your claim.
Your attorney can handle negotiations with the insurance companies on your behalf and ensure they don’t take advantage of you.
If the insurance company isn’t willing to reach a fair settlement amount, your Union City truck accident lawyer will take your case to court. At the Law Offices of Gilbert Sperling, III, P.C., we have handled hundreds of cases similar to yours. We also understand Union CIty’s and the greater Georgia justice system well.
You can rely on us to deliver a favorable outcome.
What Types of Compensation Can I Receive?
Attorney Gil and his team will fight for every penny you’re owed as compensation by the defendant. Under the legal system, you could be entitled to the following kinds of compensation:
These are the damages that can be proven to actual dollar amounts. They usually include medical bills, property damage, lost income from time spent away from work, and lost earning capacity.
These are the intangible losses that were suffered but are difficult to assign an actual dollar value. They include pain and suffering, emotional distress, anxiety, depression, loss of consortium, and loss of companionship.
In some cases, the court might award punitive damages alongside economic and non-economic damages. Punitive damages are usually awarded in circumstances where the defendant is found to be too malicious, negligent, reckless, or showed a blatant disregard for human life.
How Much is My Truck Accident Claim Worth?
Truck accidents usually settle for a lot more than other auto crash claims. This is because the injuries and damages sustained are usually a lot higher. The nature and severity of the injuries sustained, and the property damage have a significant role in determining the actual worth of a trucking accident case.
Is There a Deadline for Filing a Claim?
In Georgia, the deadline for bringing truck accident injury cases is two years from the date of the accident. This is covered under the state’s statute of limitations. But in general, the sooner you file your claim, the better your chances of receiving the full compensation you are eligible for.
Moreover, failing to meet this deadline means that you will be forfeiting your right to file the claim in the future.
How is Fault in a Truck Accident Determined?
Below are some of the common rules when determining fault in a Georgia truck accident case:
- When a truck driver breaks the traffic laws and ends up causing an accident, they will be deemed liable for the damages caused
- If the truck was not maintained properly and this is determined as the cause of the accident, the one responsible for maintaining it might be found liable for the damages
- In case the truck driver was negligent in their actions, they can also be held liable for the accident and the resulting damages.
There are some exceptions and additional rules that we couldn’t fit into one post. It’s also worth noting that Georgia is a comparative negligence state, which means that you will only be entitled to compensation if you are found to be less than 50% responsible for the accident.
This is why it’s essential to work with an experienced Union City truck accident lawyer, as they can adequately prove that you were not at fault for the accident.
Can a Union City Track Accident Lawyer Prove the Truck Driver was Negligent?
Yes. Attorney Gil and his team will use the available evidence to prove how the truck driver was negligent in their actions. Your Union City truck accident lawyer will also investigate details such as:
- Whether the truck was properly maintained before the accident occurred
- Whether the trucking company and the driver followed the federal and state truck regulations
- The validity of the truck driver’s credentials
- Whether the driver followed the local traffic laws
- Any faulty parts or manufacturing defects that could have led to the crash
- An accident reconstruction matches the available evidence
Who Can be Held Liable?
As previously mentioned, several entities can be held liable for the accident and the resulting injuries. These include:
The truck driver
If a truck driver is found to be acting negligently on the road or breaking the law, they will be held liable for the accident. For instance, you could demonstrate the driver was driving for longer hours than permitted.
The trucking company
In some cases, the trucking company operating the truck can be held liable under certain circumstances. For instance, you could prove that the company was pushing the driver to meet strict deadlines.
The owner of the truck
The trucking company might have leased the truck from its owner. If the owner is responsible for maintaining the truck, conducting inspections, and repair, the owner could be held liable for the accident. This could be for their actions or inactions that contributed to the accident.
The freight owner
Tractor trailers usually carry tons of cargo all over the country. If the company that owns the cargo doesn’t load or tie down its cargo properly, it can also be held liable for the accident and the resulting damages.
A defective part of the truck or a design defect in the truck could have the manufacturer held liable for the crash. Examples of such failures include mechanical failures, faulty brakes, or blown tires.
Third-party maintenance companies
A third party could be held liable for the truck accident in case poor maintenance was the cause of the crash. Poor brake or tire upkeep could be to blame in some third-party maintenance cases.
Reach out to our truck accident lawyers today to make sure that your case is handled with great skill and experience, and that the right party is held liable for the damages they caused.
Common causes of Truck Accidents
There are lots of regulations enacted to encourage trucking safety. There are so many types of accidents that can occur when the rules are not followed properly or are disregarded. The following are some of the most common causes of truck accidents:
- Distracted driving
- Reckless driving
- Equipment malfunction
- Driving while intoxicated or while on drugs
- Lack of truck maintenance
- Improperly loaded or oversized freight
- Poorly trained or inexperienced drivers
Reach out to an Experienced Union City Truck Accident Lawyer
At Gilbert Sperling Law, our team of truck accident lawyers can help you attain settlement through diligent negotiations. We take pride in helping victims of truck crashes by applying the specialized skills and experience we have developed over the years.
We want to not just win the case, but also help you recover from your injuries.
The ball is in your court. Reach out to us at (404) 383-6975 and let a Union City truck accident lawyer get you the compensation you deserve. We are always waiting at the end of the other line.