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Trucking Accidents in Georgia
Due to their sheer size and weight, commercial trucks and tractor-trailers can cause extensive damage when they are involved in motor vehicle accidents. Typically, people in passenger vehicles or on motorcycles suffer far more severe injuries than the truck driver involved in the crash.
At the Law Office of Johnny Phillips, we handle an array of complicated personal injury cases, including truck accidents. We understand the complexities of this particular area of law and can help you navigate the legal process. If you need a truck accident attorney in Coweta County, Clayton County, Fayette County or anywhere else in the Metro Atlanta Region, reach out to our team today.
Who Is Responsible for Truck Accidents?
Truck accident cases are frequently more complex than other types of motor vehicle accidents for a few specific reasons:
- These vehicles are generally used for commercial purposes, which means there may be multiple parties who share liability
- Injuries are often more serious or even fatal
- Commercial insurance policies have far higher liability limits, meaning more damages may be available and insurance companies may fight harder to prevent your claim from succeeding
- There are a variety of evidentiary rules and trucking company records that may come into play when investigating your case
Depending on the unique circumstances of a given accident, the truck driver, the company that leases the vehicle or the manufacturer of a tractor-trailer part may be partially or wholly at fault for the accident. In some cases, more than one party may share responsibly.
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Common Causes of Truck Accidents
Many factors can lead to a truck accident. Some of the most common causes include:
- Driver inattention
- Distracted driving
- Driving under the influence of alcohol/drugs
- Driver error
- Fatigued driving
- Unsafe lane changes or turns
- Unrealistic driving schedules
- Unsafe driver quotas
- Overloaded trucks
- Inadequate truck maintenance
- Defective parts
- Equipment failure
Investigation and Evidence in a Truck Accident Case
If the truck in your accident is owned by a trucking company, chances are good they will perform an investigation shortly after the accident. Keep in mind, the trucking company will likely have their own legal team whose investigation is meant to aid their client—the trucking company. Such investigations may be detrimental to your personal injury claim. This is why it’s important you secure legal representation as soon as possible. A skilled personal injury attorney will conduct their own thorough investigation to identify the party (or parties) liable for your injuries.
The burden of proof in a personal injury case lies solely on you, the plaintiff, and your legal team. Your lawyer can identify and preserve all the necessary evidence and build a compelling case against the responsible person or entity.
Key evidence in a truck accident case usually includes:
- Police report
- Witness testimony
- Pictures and surveillance videos from the scene of the accident
- Trucker’s driving record
- The truck’s black box records
- Inspection and maintenance records
- Cell phone records from the truck driver
Who Will Pay for My Injuries?
The answer to this question depends on who is determined to be at fault for the truck accident and your injuries. Depending on the outcome of your lawyer’s investigation, you could receive a settlement from one or more of the following parties:
At the Law Office of Johnny Phillips, we help grieving families recover damages after the wrongful death of a family member. Although no amount of money can bring back your loved one, you have the right to seek justice and closure in response to their wrongful death.
- The trucking company the truck driver works for
- The truck driver’s insurance carrier
- The truck manufacturer (if a defective part caused the accident)
- The company that improperly loaded the truck
Should I Accept the First Offer for My Truck Accident?
It’s important to consult your attorney before accepting a settlement for your truck accident. While the first offer may seem reasonable, it may not be enough to cover your medical costs and other expenses related to the accident. Accepting a settlement means you agree with the amount that’s been offered and you’re forfeiting your right to negotiate more money.
Can I Negotiate More Money for My Injuries?
Yes, as long as you haven’t accepted a settlement offer already. Just because the insurance carrier agrees to pay you a settlement doesn’t mean you have to accept the amount they’re offering. If you have reason to believe you’re being lowballed by the insurance company, you have every right to deny their offer and negotiate for more money.
Many truck accident victims don’t have extensive experience conducting claim negotiations, especially against experienced insurance adjusters or aggressive liability defense lawyer. Your attorney can use the evidence they gather to negotiate from a position of strength and increase your chances of recovering enough money to cover your accident and injury expenses.
How Can a Personal Injury Attorney Help Me After My Truck Accident?
At the Law Office of Johnny Phillips, we understand the complicated nature of truck accident claims. We encourage you to schedule a free case evaluation with one of our skilled team members.
Our personal injury attorneys work hard to secure all necessary evidence and use it to build a compelling case against the party or parties at fault. We will use our extensive legal expertise, experience and negotiation skills to help maximize your recovery.
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At the Law Offices of Johnny Phillips, our auto accident attorneys have handled the most demanding cases, helping our clients recover the compensation they deserve. Our team of dedicated lawyers works passionately to get our clients the checks they need.