Truck Accident Lawyer
If you were hurt in a truck accident, you may want to consult a truck accident lawyer in Sandy Springs, GA. You may be eligible to receive compensation for your medical expenses, lost wages and other losses that resulted from the accident. A lawyer can help you pursue a claim against the negligent party.
Why Truck Accidents Are More Dangerous Than Car Accidents
While accidents involving just passenger vehicles can result in serious injuries, they’re nothing compared to accidents involving commercial trucks. Here are some reasons why truck accidents are more dangerous than car accidents.
- Commercial trucks are very large. There’s no denying the sheer size of commercial trucks. These trucks are typically between 70 to 80 feet, which is significantly longer than passenger vehicles. The larger the vehicle, the more damage it is likely to cause in an accident.
- Commercial trucks are very heavy. Commercial trucks can weigh up to 80,000 pounds. If one of these trucks gets into a collision with a passenger vehicle, the people inside the passenger vehicle are more likely to suffer life-threatening injuries.
- Commercial trucks carry cargo. One of the most common causes of truck accidents is unsecured cargo. Trucks have to carry several types of cargo, including flammable items. If a truck gets into an accident, the cargo can fall onto the road and severely injure someone.
- Truck drivers have tight deadlines. As a truck accident lawyer in Sandy Springs, GA can attest, many truck drivers are pressured to deliver their goods on strict deadlines. As a result, truck drivers may drive longer than they are supposed to and even take drugs to stay awake. Being under the influence of drugs and fatigue can lead to accidents.
- Commercial trucks need more room to stop. Due to their size, commercial trucks need more time to come to a complete stop than passenger vehicles. If truck drivers don’t get themselves enough space to stop, they can crash into the vehicle in front of them.
- Commercial trucks are more difficult to maneuver. Sometimes truck drivers may have to make quick maneuvers to avoid obstacles on the road. Unfortunately, it’s much trickier for trucks to make sudden movements than it is for passenger vehicles. If a truck driver can’t react quickly enough to an obstacle, an accident can happen.
Why Truck Accidents Are More Dangerous Than Car Accidents Infographic
How to Prove Liability in a Truck Accident
A truck accident lawyer Sandy Springs, GA clients trust knows that when a victim has been injured in a truck accident, the injuries are often extensive enough that they are usually focused on their recovery and how the injuries are impacting their life. Most victims do not have the energy to address the legal issues that surround the crash, including whose negligence or recklessness caused the crash. But it is that negligence that will determine the party who is legally liable for the losses and damages a victim sustains in a crash. Hernan Law Firm can help.
Determining Negligence
In the majority of vehicle accidents, one driver is usually responsible for the accident. And while truck driver negligence is often the cause of many commercial truck accidents, the trucking company the driver works for is often held legally liable for any losses the victim suffers. This is what makes truck accident cases more complex than other vehicle accident claims and usually requires the legal expertise of a Sandy Springs truck accident lawyer.
Some of the more common factors of shared trucking company negligence our attorneys see in the cases we have handled include the following:
- Truck driver fatigue – If the truck driver was operating the truck even though they were drowsy or actually fell asleep behind the wheel, the victim’s attorney will investigate for evidence that the truck company allowed or pressured the driver to exceed the hours-of-service regulations put in place by the federal government.
- Equipment failure – If the accident was a result of faulty tires, brakes, or other equipment on the truck, the victim’s attorney will investigate whether the truck company performed routine maintenance inspections and/or repair any mechanical issues on the truck.
- Truck driver substance abuse – If the truck driver was under the influence of alcohol and/or drugs at the time of the accident, the victim’s attorney will investigate to determine if the trucking company was aware or should have been aware of any alcohol or drug issues the driver had and if the company adhered to federally mandated drug testing procedures.
- Shifting cargo – If the accident was caused by cargo that shifted or fell off the truck, the victim’s attorney will investigate whether the trucking company failed to load the truck according to federal standards.
Any of these failures on the part of the trucking company means they are legally liable for any losses the victim suffers as a result of the truck accident. Injuries from truck accidents are often more severe than in other types of accidents, meaning the medical expenses, loss of income, and other damages are more extensive. Having a Sandy Springs truck accident lawyer negotiating with the truck company’s insurance company not only allows the victim to focus on their recovery but also sends a message to the insurance company that they will not be able to lowball any settlement offers that are unfair to the victim.
What are common causes of truck accidents?
The first step in determining fault for the accident is determining what the cause of the crash was. Some of the most common causes of truck accidents include:
- Truck driver distracted driving
- Truck driver inexperience
- Truck driver operating at excessive speed
- Truck driver operating under the influence of alcohol and drugs
- Truck driver operating while fatigued
- Improperly loaded freight
- Poorly maintained vehicle
Although many truck accidents are caused by the truck driver, the law says that in these cases, the company the driver works also is liable for the accident, especially if they were aware of the dangers the truck driver posed to other motorists.
Neck and Back Injuries
When a tractor trailer hits a smaller passenger car, as a truck accident lawyer Sandy Springs GA victims trust at Hernan Law Firm knows, the impact in itself is enough for people to lose their lives. Those who do survive are often left with ligament, tendon, and muscle damage to the neck and back area. Vertebrae are bony structures that protect the spine. Discs rest between the vertebrae, which are cartilage cushions with a gel kind of substance inside. Discs are shock absorbers for the bones of the spinal column, allowing people to move more flexibly and with ease. But when these discs are damaged, they can essentially collapse by herniating, bulging, and leaking. The space between each vertebrae gets narrower, causing bundles of nerves to get pinched. As you can imagine, this is painful and symptoms can be debilitating.
Broken Bones
Broken bones may seem like an injury that heals naturally, but not all fractures heal well without care or surgery. In fact, some broken bones may need multiple costly surgeries to properly fix. Broken bones may need screws, pins, and rods installed into the body so the bones can stay held together. A broken bone may be non-displaced, in which it cracks but does not separate into two pieces. Or a broken bone can be displaced, where the bone fractured entirely, and may even puncture through the skin to be exposed. If not treated promptly, broken bones can cause internal bleeding, nerve damage, infection, and deformity.
Lacerations
There are many ways that someone may sustain lacerations in a truck accident. Sharp metal, shattered glass, dash panels, and auto frames can cause serious lacerations and puncture wounds. Some truck accident survivors suffer from pain and are left with permanent scars or disfigurement from the cuts. Facial lacerations can leave people with lasting changes to their physical appearance, affecting their confidence and sense of self. If you or someone you care about was in a truck accident and it was not their fault, then it’s time to contact a Sandy Springs truck accident lawyer for assistance.
Burns and Scarring
Because of the explosion and fires that may erupt upon impact, those involved in the truck accident may have burns and scarring. People may suffer from friction burns if they got scraped against the interior of their vehicle or were ejected and landed on the pavement. Burns in particular tend to be painful and difficult to treat. As a Sandy Springs truck accident lawyer has seen, depending on the severity of the burn and in what area of the body, surgery may be needed. Burns can also develop into further complications, like infections.
Wrongful Death
Fatalities in truck accidents can be attributed to the sheer size of the commercial truck. When someone gets killed in a truck accident, their surviving family members can pursue redress by submitting a case for wrongful death restitution. Being awarded money cannot bring a cherished family member back, but it can help the spouse, children, or other close relatives get funds for funeral expenses, medical bills, anguish, income support, and more. Family members of the deceased may be motivated by both a sense of justice and restitution, so that they won’t have to worry about money as they go through their grieving period.
Schedule a consultation with a truck accident lawyer in Sandy Springs, GA from Hernan Law Firm today to discuss your case.
What is the responsibility of the trucking company?
As a Sandy Springs truck accident lawyer investigates a truck accident case, some of the factors they may discover that will help the liability of the trucking company include:
- The truck company employs truck drivers that have poor driving records.
- The truck company encourages or pressures truck drivers to ignore the hours of service driving limitations set forth by the federal government.
- The truck company allows loading trucks in excess of allowed weight limits.
- The truck company does not have protocols in place to ensure loads are properly secured.
- The truck company fails to conduct regular inspections on its vehicles.
What type of damages can truck accident victims pursue?
Georgia allows accident victims to pursue financial compensation for the following types of losses:
- All past, present, and future medical expenses, such as surgeries, doctor visits, therapy, medication, and medical devices
- Loss of wages from being unable to work while recovering
- Loss of future income if the injuries have left the victim unable to work
- Pain and suffering
- Emotional anguish or other mental health issues, such as anxiety depression, and PTSD
- Loss of life enjoyment
- Disfigurement
- Scarring
- Permanent disability
Given the catastrophic injuries they cause, what happens if the victim’s losses are more than the truck companies vehicle insurance covers?
Truck companies usually have policies that are supposed to cover any damages that happen as a result of an accident caused by one of their drivers, however, it is not uncommon for the damages to exceed the limits of the policy coverage. In these cases, a Sandy Springs truck accident lawyer may file a claim against the trucking company itself, especially if the company has a history of negligent behaviors.
How to Prove Liability in a Truck Accident
A truck accident lawyer Sandy Springs, GA clients trust knows that when a victim has been injured in a truck accident, the injuries are often extensive enough that they are usually focused on their recovery and how the injuries are impacting their life. Most victims do not have the energy to address the legal issues that surround the crash, including whose negligence or recklessness caused the crash. But it is that negligence that will determine the party who is legally liable for the losses and damages a victim sustains in a crash. Hernan Law Firm can help.
A Sandy Springs GA truck accident lawyer knows that truck accident cases are much more complex than car or other types of vehicle accidents. Not only are the injuries suffered by victims much more catastrophic than those other accidents, but it is not uncommon for there to be more than one party that holds liability for the accident and the injuries and losses the victim suffers. At Hernan Law Firm, we work tirelessly to get truck accident victims the financial compensation they deserve.
Georgia Truck Accident Laws
Exploring The Rich Legal Tapestry Of Georgia Truck Accident Law
When the unexpected turmoil of a truck accident unfolds on Georgia’s thoroughfares, the subsequent journey through the legal pathways demands not only an understanding of the state’s pertinent laws but also a meticulous, compassionate, and adept guide. In this respect, a Georgia truck accident lawyer, enveloped in the specificities and nuances of the state’s truck accident laws, emerges as a pivotal ally, guiding victims through the intricate layers towards just compensation and resolution.
Navigating The Realms Of Liability And Negligence
In the aftermath of a truck accident in Georgia, establishing negligence stands paramount to crafting a viable path towards compensation. The state operates under the traditional “fault” system, where the party deemed at fault is responsible for the damages. Within this context, a thorough investigation, collection of pertinent evidence, and astute presentation of the facts are imperative. A Georgia truck accident lawyer meticulously unveils every facet of the incident, ensuring that the landscape of liability is accurately and justly depicted, laying a robust foundation for the claim.
Understanding The Intricacies Of Comparative Fault
Georgia employs the modified comparative fault system, where a victim can still seek damages even if partially at fault, provided their fault is less than 50%. However, the final compensation will be reduced by their percentage of fault. Here, the role of a Georgia truck accident lawyer becomes intrinsically valuable, as they endeavor to minimize the client’s attributed fault and maximize the resultant compensation, navigating through the comparative fault intricacies with precision and strategy.
Deciphering The Compensation Conundrum
From medical expenses and lost wages to pain and suffering, the compensation after a truck accident in Georgia is encapsulated within various categories. Furthermore, Georgia does not impose a cap on damages in personal injury cases, providing a potentially unlimited avenue for recovery. Expert legal representation ensures that every component of compensation is comprehensively explored and justly pursued, stitching together a claim that holistically represents the physical, emotional, and financial impacts experienced by the victim.
Unveiling The Statute Of Limitations
The legal journey towards compensation is time-sensitive, with Georgia’s statute of limitations prescribing a two-year window from the date of the accident to file a personal injury lawsuit. Various factors, including the identification of defendants and the nature of injuries, mold this timeframe, making the timely and accurate filing of the lawsuit pivotal. A skilled lawyer, enmeshed in the temporal and procedural aspects, ensures that every legal action is timely, protecting the validity and vitality of the claim.
Partnering With Hernan Law Firm
As the road towards justice and compensation unfurls, Hernan Law Firm emerges as a seasoned, empathetic, and robust companion, fortified with a rich legacy in navigating through Georgia’s truck accident laws.
When tumultuous times envelop you in the aftermath of a truck accident, extend your hands towards Hernan Law Firm. Allow our expertise to be your guide, our empathy to be your comfort, and our unwavering advocacy to be your strength. Together, let’s navigate through the complexities and challenges, crafting a path where your rights, well-being, and justice are fervently upheld and pursued. Let the journey towards your healing and compensation commence, enveloped in our dedication and expert legal care.
Can your firm help?
If you or a loved one has been injured in a truck accident, do not delay in contacting Hernan Law Firm to schedule a free case evaluation with a dedicated Sandy Springs truck accident lawyer and find out what legal recourse you may have.