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by The Stoddard Firm - January 23rd, 2025
What is fault in a truck accident, and why is it important? Determining fault is vital when you are attempting to win a financial award for injuries you suffered after a truck hit you. If you do not show that the truck driver was primarily or totally at fault, you may lose your ability to win a financial award.
When proving fault, you don’t have to show that the truck driver purposefully caused the accident or was trying to injure you. Instead, you only have to show that the truck driver behaved in a negligent or reckless manner and took actions that caused the accident. Negligence means that if the truck driver had taken different actions, the accident would not have happened, and you would not have suffered injuries. Your personal injury lawyer in Georgia can help you investigate the accident to find facts that prove negligence that lets you seek a personal injury lawsuit award from the truck driver’s insurance company.
Law enforcement officers who respond to the crash scene will file a report that may describe whether the truck driver violated traffic laws and is at fault. The most common factors that determine fault in a truck accident relate to the actions of the truck driver. However, a truck crash with injuries could have other at-fault parties and other circumstances that played a role.
Some truck accidents have one at-fault party. Other truck crashes may have more than one at-fault party that could be part of your injury lawsuit.
Some truck crashes occur for obvious reasons, like speeding or distracted driving. However, truck accidents can have multiple causes that are not common in other kinds of crashes.
The role of insurance companies after a truck accident includes paying your injury settlement. However, receiving a financial award from the insurer is often quite a bit more complicated than simply receiving a check.
Insurance companies know they can increase their profits when they pay accident victims lower amounts for their injuries than should be paid. Consequently, insurers may fight your injury accident claim, hoping to pay you less than you deserve to have. They may try to avoid paying you anything by blaming you fully for the accident.
An insurance company that represents the truck driver or the trucking company has minimal interest in offering you a fair financial settlement. Its primary focus is paying you as little as possible. That’s why your attorney will file an injury lawsuit against the insurance company, notifying the insurer that you and your attorney are going to fight for a fair settlement amount.
You have the right to represent yourself against the insurer. However, having an experienced Georgia personal injury law firm on your side can cause the insurer to take your claim more seriously.
If you’re hit by a company-owned truck, you may be unsure what you should do. Before you do anything, you should seek medical care for your injuries. Regardless of whether you choose to file an injury lawsuit with the help of lawyers, you need to receive a full diagnosis of your injuries so you can start treatment.
Why do you need a truck accident lawyer after suffering injuries in a crash? Hiring an experienced attorney can provide multiple benefits for you, including:
When you hire truck accident lawyers to represent you, they take over all communications and negotiations with the insurance company. This leaves you with the time you need to focus on your health and recovery.
Understanding what fault in a truck accident is and why it’s important to your hopes for winning an injury claim is easier when you have a trusted Atlanta truck accident injury lawyer on your side. Your attorney investigates the accident to find facts that show the other driver was at fault and that you deserve the full financial award you are seeking.
At The Stoddard Firm, our team has extensive experience representing victims who suffered injuries after accidents that weren’t their fault. You should not have to suffer financial hardships because of an accident that wasn’t your fault. Our team can help you hold the other driver accountable for any reckless or negligent actions that led to the injury accident. For a free case review, call The Stoddard Firm today at (470) 467-2200.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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