Any automobile accident is serious, but those caused by commercial trucks can be catastrophic. Such accidents can lead to pain and suffering as well as missed work and medical bills. Seeking compensation for these damages can be difficult when facing attorneys and insurance companies looking to limit their losses.
Engaging the right law firm can help you demand the compensation you deserve. Contact Ruppersburg Injury & Accident Attorneys, a trusted Athens truck accident lawyer.
What Should I Do After Being in a Semi-truck Crash?
Taking quick action after a semi-truck accident is important to protect your health and preserve your legal rights. We advise victims to do the following:
- Call 911: Report the incident immediately to the dispatcher and ask for emergency medical services. The police who respond to the accident will generate an accident report.
- Get out of harm’s way: When it’s safe and you are able, leave your vehicle and get to the shoulder or median. Help any passengers you can.
- Collect evidence: Take pictures and record video of the accident scene and vehicles. Get eyewitness contact information and note nearby businesses with surveillance cameras.
- Notify your insurance company: Do this even if you were not at fault. You may have underinsured/uninsured coverage that might prove necessary.
- Retain an Athens truck accident lawyer: Your lawyer will investigate the accident and handle all communication with the insurance company.
How Much Does It Cost To Hire a Truck Accident Lawyer in Athens?
Truck accident lawyers generally work on a contingency fee basis, which means you do not pay legal costs upfront. Rather, your attorney collects a fee as a percentage of your final settlement or award. Ruppersburg Injury & Accident Attorneys offer a free consultation to explain your legal options.
How Long Do I Have to File a Claim?
Georgia law allows only two years from the date of the truck accident to file a lawsuit against the responsible parties. This is known as the statute of limitations, and failure to take action within this timeframe may prevent you from seeking any compensation.
What Kind of Damages Can I Claim?
There are three types of damages that truck accident victims can seek:
Economic
Economic damages are monetary damages and are relatively easy to calculate. Common examples include:
- Medical bills, including for future medical needs
- Lost wages for time spent recovering
- Lost earning capacity (future earnings and benefits) if the victim cannot work as they did before the accident
- Vehicle and personal property damage
Non-economic
These damages are more subjective. Examples include:
- Pain and suffering
- Emotional trauma
- Mental anguish
- Loss of enjoyment of life
- Scarring
- Disfigurement
Punitive
As the name implies, punitive damages punish particularly wrongful conduct and deter others from it. These damages are only available in certain cases, and your Athens truck accident lawyer can explore if these apply to your case.
Who Else Could Be Liable for the Crash?
While the driver can be named as a defendant, other parties may also be liable, depending on the facts. Other parties may include:
- The driver’s employer, assuming he or she was on the job at the time of the accident
- The trucking company
- The employer’s or trucking company’s insurance carrier
- The cargo loading company
- Parts manufacturers, truck maintenance, and repair shops
- Another driver if he or she played a role in the accident
- Construction contractors if they were negligently doing work in the area
- Government entities responsible for the roads (note that different rules and deadlines apply)
- Any business that served too much alcohol to the driver (if drunk driving was involved)
How Will My Athens Truck Accident Attorney Prove Liability?
The victim, through his or her truck accident lawyer in Athens, has the burden of establishing these elements of a lawsuit:
- Duty of care: Everyone who uses the state’s roads and highways owes everyone else a duty to avoid causing reasonably foreseeable harm. Concerning trucks, this also means following Federal Motor Carrier Safety Administration (FMCSA) regulations.
- Breach: A breach of the duty of care is caused by some negligent act or omission. A common example is speeding.
- Causation: The breach must be the direct cause of the truck accident. That means no intervening causes break this causal link.
- Damages: Lastly, the victim must prove that he or she suffered damages because of the accident. These include future damages the victim will likely incur.
How Long Will My Case Take to Settle?
Compared to accidents involving passenger vehicles, large truck accidents usually take longer for several reasons:
- There may be more than one party involved.
- Due to the nature of the victim’s injuries, it may take longer to assess future damages.
- Insurance coverage amounts on trucks are higher, so the insurer may be more reluctant to pay.
Types of Evidence To Collect at the Truck Accident Scene
Your attorney will take steps to attain evidence of the at-fault party’s negligence. While you are still at the scene, try to:
- Take pictures and video of the accident scene, the surrounding environment, and your injuries
- Ask for witness names and contact information
- Note any surveillance cameras in the area that may have recorded the accident
- Get a copy of the police report or find out how to get it at a later date
What Is a “Black Box” and How Can It Help My Case?
Commercial trucks have electronic logging devices (ELDs) that track various data, similar to an airplane black box. This device records how long the rig has been operating, its speed, and other important information. The data collected by the ELD could prove, for example, that the driver was driving longer than regulations allow.
Common Causes of Truck Accidents
Proving negligence requires understanding common causes of truck accidents, such as:
- Distracted driving (e.g. driving while using a cell phone)
- Driving under the influence of drugs or alcohol
- Driver fatigue from operating the truck longer than regulations permit
- Violation of traffic laws (e.g. speeding or reckless driving)
- Unsafe maneuvers such as hitting the brakes too hard or changing lanes without signaling
Types of Semi-Truck Accidents
Our firm has experience handling all manner of semi-truck accidents, including:
- Rollovers: Trucks may flip over due to their high center of gravity combined with other factors such as reckless driving.
- Jackknife: This happens when the trailer separates from the rig, causing the portions of the truck to go in different directions.
- Lost cargo: Items that fall off or out of the truck may cause a multi-vehicle collision.
- Sideswipe: If the truck driver improperly changes lanes, a nearby vehicle may be crushed or sent into other traffic lanes.
- Underride: An underride happens when a smaller vehicle gets trapped beneath the truck’s trailer or passes beneath it and causes the roof to shear off.
Common Truck Accident Injuries
Compared to accidents involving standard automobiles, truck accident injuries tend to be far more significant. These accidents may lead to injuries such as:
- Traumatic brain injury (TBI)
- Internal organ damage
- Internal bleeding
- Spinal cord damage
- Herniated discs
- Paralysis
- Neck and back injuries
- Amputation
- Bone fractures
- Burns
- Permanent disability
“Dos” and “Don’ts” of Dealing With Insurance After a Crash
Bear in mind that insurance companies are for-profit businesses. No matter how sympathetic they may seem to you, their goal is to pay you as little as possible or deny your claim. We recommend the following “dos” and “don’ts” when dealing with insurance companies:
- Do answer basic questions only, such as your name and driver’s license number
- Do refer all other questions to your attorney
- Don’t give a recorded statement about the accident, regardless of how persistent the insurer is
- Don’t post anything about the accident on social media or discuss it with friends
- Don’t give any statements or sign any documents without an attorney
- Don’t use the word “accident” (instead, call it a crash, wreck, or collision)
- Don’t admit fault, apologize, or say you didn’t see the truck
Our Athens Truck Accident Attorneys Are Here To Help
The stress of being in an accident can be overwhelming. A dedicated truck accident lawyer from Athens can answer your questions and get started on your case today. Call Michael Ruppersburg at Ruppersburg Injury & Accident Attorneys to learn more.
Truck Accident FAQs
What should I tell the police when they question me?
Give an accurate account of what happened leading up to the truck accident. But be very careful to avoid saying anything that might be construed as an admission of fault, like apologizing.
What if the insurance company’s settlement offer is too low?
Insurers often do not want to pay for non-economic damages because they discount the validity of them. If their offer is too low, you have the option to file a lawsuit.
My loved one died in a truck accident. What can I do?
Eligible survivors of truck accident victims who die from their injuries can file a wrongful death lawsuit. Though similar to a personal injury case, the damages (e.g. burial and funeral costs) are different. Our firm can assist you with this type of case.
