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by The Stoddard Firm - October 3rd, 2024
Commercial trucking companies have a responsibility to properly vet their drivers and maintain their company trucks. Failure to do either can cause an unsuspecting road user incredible and devastating harm.
There are steps you can take following an accident with a company-owned truck that will protect your long-term interests and protect your future. If you or a loved one suffered significant damages due to a company-owned truck accident involving negligence, a Georgia truck accident lawyer may be able to help you.
The first step following a truck accident is to call 911. Accident victims should never assume that someone else has made the call. A 911 call alerts police and fire and rescue. Their rapid response to the accident scene is critical for the severely injured.
The following steps are also critical because they can affect future litigation:
A truck accident is an immediate and traumatic event. Once the initial impact is over, your physical, financial, emotional, and psychological problems begin. However, taking the proper immediate first steps may save your life and protect your chance of compensation later.
Human nature sometimes leads us to express sorrow about an event that harms others — even if the event is not our fault. But apologizing to the other driver is something you should not do following a truck accident. The responsible party’s insurer may take the apology as an admission of guilt.
The only people you should speak with following a crash are EMTs, police officers, and witnesses. It is paramount to have the presence of mind to control your emotions and accept medical assistance.
Georgia law protects your right to file a personal injury claim or lawsuit for damages caused by your truck accident. Your actions immediately following a crash can significantly impact a possible personal injury case.
What you say or do does matter at an accident scene. While you may want to confront the responsible driver angrily, it is best to focus on your injuries and receive medical attention.
Liability in a truck accident is sometimes a complex issue. Liability can become somewhat confusing if the truck is leased or the driver is an independent contractor.
Overall, truck safety and maintenance are a company’s responsibility. Consistent inspections and repairs are paramount for road safety. However, both drivers and trucking companies must meet federal regulations. Failure to meet just one can result in a tragic accident that forever changes another road user’s life.
Faulty lights, brakes, worn tires, or other safety issues can cause a driver to lose control of the truck. Driver actions such as speeding, being distracted, tired, or drunk can also contribute to an out-of-control truck.
Who knew what and when they knew it regarding trucks and drivers is essential for personal injury lawsuits. A Georgia personal injury lawyer can investigate the responding officer’s official accident report which identifies the responsible party and any charges they may face, though a criminal charge against a truck driver or a company has no bearing on a civil case. An injured victim may still pursue a civil course of action, regardless of the outcome of any criminal case.
It is crucial to identify all parties as soon as possible. Accident victims who suffer unfair harm in a Georgia truck accident deserve justice. They also should not pay out of pocket for expenses that are not their fault.
A personal injury attorney can review your case to determine the best approach for moving forward. Your attorney will thoroughly investigate who is liable and whether negligence was shown by more than one party.
The commercial truck industry is large and heavily insured. To protect profits, many companies secure insurance policies designed to pay victims as little as possible.
A commercial truck accident can leave victims with severe or catastrophic injuries, and their lives rarely go back to how they were before the tragic event. A Georgia commercial truck accident attorney generally fights for the following types of compensation:
Each Georgia truck accident case is different and specific to the details of the crash. However, big or small trucking companies typically fight back against personal injury claims and lawsuits.
To protect your interests, it is best if you consult with a Georgia truck accident attorney as soon as possible. What you experienced was painful, emotional, and costly. An attorney understands this through their work with accident victims and can put that experience to work for you.
A trucking company and its insurer would like nothing more than for you to fight for compensation without legal representation. Without a law degree and legal license, you are vulnerable and an easy target for an unfair settlement.
Accepting a settlement is a critical decision. A truck accident lawyer will never take a settlement without your approval. Their guidance through the entire legal process is helpful and comforting for accident victims.
The trucking industry has people on its side who fight for it. Accident victims deserve a Georgia truck lawyer by their side, too. Negligence is never acceptable, especially behind the wheel of a large commercial truck.
The Stoddard Firm has helped countless accident victims fight for the justice and compensation they deserve. While each case differs, we will not allow insurance companies to bully our clients into accepting an unfair settlement.
Contact The Stoddard Firm today for a free consultation to protect your best interests. Call our friendly office at (470) 467-2200.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
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.
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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