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Ellenwood truck accident lawyer
At Georgia Auto Law, our Ellenwood trucking accident attorneys stand up to the big trucking companies and hold them accountable when their negligence causes catastrophic and fatal accidents.
We are here for you.
If you or a loved one have been injured or killed in a truck accident in Ellenwood, our team at Georgia Auto Law is here for you. Truck accident cases are extremely complex, and you need an experienced truck accident lawyer who knows how to take on the big truck companies. We will not rest until you get the compensation you deserve.
We stand by our No Fee Pledge™, which means that we do not take any fee unless we win your case for you. You pay nothing out of pocket, ever.
Commercial vehicles are a staple out on Ellenwood roads. Every time we get on the interstate we are used to seeing 18-wheelers, big rigs, semi-trucks, and other large commercial vehicles. These vehicles serve an important purpose in getting goods from point A to point B, but they can also be very dangerous.
Truck drivers are out on the roads for hours and hours, and days at a time. They sometimes even drive for weeks at a time without breaks. Because of this, the trucks and the drivers get worn down, making the chances of a horrible collision even higher. If you or someone you love have sustained an injury because of a truck accident, you may be entitled to compensation. A trucking injury settlement will be there to help cover medical expenses, lost wages (for missed work), and help your family with compensation for pain and suffering.
Truck accidents often cause serious and catastrophic injuries and even death. You should know your legal rights and options in case you or a loved one are ever involved in a crash with a commercial vehicle. If your truck accident occurred in Ellenwood, or anywhere in Georgia, you can get the help you need from our experienced accident lawyer team at Georgia Auto Law.
Remember, our truck accident lawyers work on a “contingency fee” basis. That means that we only take a fee if we win your case for you. Even then, our fee comes out of the money we recover for you, not your pocket.
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Common causes of truck collisions in Ellenwood
There are a number of reasons that a truck collision can happen, but it is usually because of negligent conduct by a truck driver or trucking company. It takes a split second of not paying attention or not properly inspecting the truck before driving to cause complete devastation. When this happens, the lives of other drivers on the road are in danger. Below, our Ellenwood truck accident lawyers have put together a list of the most common causes of truck collisions in Georgia.
Unfortunately, sometimes trucks are made poorly or are not properly maintained. These defects can lead to serious injury and death out on the roads. Adequate inspection and maintenance of trucks helps trucking companies fix problems before they lead to a truck accident.
A trucking company is completely responsible for ensuring that their trucks are safe to be out on the roads. They should not try to save money or cut corners by ignoring proper inspection and maintenance procedures. Trucking companies that are negligent and knowingly allow poorly maintained trucks to stay in operation are putting everyone’s lives at risk.
The manufacturing companies who sell the actual parts of the trucks sometimes sell defective products. These substandard parts wear down and break, leading to malfunctions. Imagine a truck driver going 80 down the highway who pushes the brakes and nothing happens. This can lead to serious and even fatal consequences.
An experienced truck accident attorney will be able to identify why your truck accident happened in order to determine who should be held accountable.
Truck drivers are often encouraged to drive long hours in order to get their loads delivered as quickly as possible. Trucking companies want their drivers to reach destinations in as little time as possible so that they can pick up another load and keep the cycle going. Unfortunately, this leads to drivers exceeding safe driving hours. The truck drivers become tired and less responsive at the wheel. They even fall asleep while driving.
Some trucking companies have rules for how long a driver can stay behind the wheel before taking a break to sleep, but these rules are often not followed. There are also federal regulations put out by the Federal Motor Carrier Safety Administration (FMCSA) that set out driving hours guidelines and rules. However, these rules are often broken in the name of profit and speed.
When a truck driver is sleepy, reaction times are much slower and they are not able to respond to hazards quickly enough. It can also lead to forgetting to do things like use turn signals or put out hazard markers when they are stopped on the road. A driver can also doze off and swerve into another lane or run completely off the road. There is no way for a car driver to know if the truck driver next to them is driving fresh, or completely exhausted from 20 straight hours of driving. Always be careful when you’re driving next to big trucks.
Trucks that lack proper safety equipment
As discussed above, the FMCSA regulations must be followed by truck drivers and truck companies. But, these regulations do not require truck manufacturers and motor carriers to have up-to-date safety technology in the trucks. Trucking companies could prevent many truck accidents if they required their trucks to have updated safety technology in the trucks.
There are also weight limits that apply to tractor trailers and control the amount of cargo a single truck can haul. The cargo must stay within the weight limits and also be properly loaded and distributed so that the truck’s axels can handle the load. When these guidelines are not followed, a driver can lose control of a truck and cause an accident.
Unsafe driving practices
Trucking companies are required to train their drivers so that they have the proper skills behind the wheel. Driving a truck is very different from driving a normal vehicle, so truck drivers must have the ability to properly handle the truck.
A driver who is in a hurry can also lead to serious problems. They may be driving too fast for conditions and cause an accident. This can also lead to neglecting traffic signs and signals, like running a red light or missing a stop sign.
A big rig truck requires significantly more time and distance to slow down before a turn or before changing lanes. Trucks also require much more stopping distance in the event of an emergency. Truck drivers who do not properly allow for this increased distance and time are risking a collision.
Another problem can arise regarding new or “green” truck drivers. New drivers may not have a firm grasp on their truck’s blind spots yet. All trucks have blind spots at the front and rear of the truck. If a car is out in front or directly behind a truck, the driver may not know it. There are also blind spots to the left and right of the truck. A driver of a car should always assume that, if you are next to a truck, the driver does not know you are there. Always try to pass a truck safely instead of riding next to it for a long distance.
Speeding is a problem that exists on every road in Ellenwood and the United States. However, speeding is especially dangerous in a tractor trailer due to their gigantic size and weight. A fully loaded truck can weigh over 80,000 pounds. When a vehicle of this size is going down the road at speeds that are higher than the posted speed limits, an accident can be devastating.
Sometimes, when driving too fast, the trailer can swing around and “jackknife” which leads to a complete loss of control. When a truck driver loses control of the trailer they lose control of the whole truck.
There are other forms of negligence that occur including driving under the influence of alcohol and drugs, and driving too fast for conditions. Just because a speed limit says one thing, it does not mean it is safe for a big rig truck to drive that speed. When it is foggy or raining, for example, a truck driver should slow down.
The trucking company is required to hire qualified and safe drivers. They must conduct background checks on their drivers and conduct medical screenings as well. Trucking companies are also responsible for ensuring that their drivers follow all of the trucking safety regulations. When a company fails in this regard, an accident is more likely to occur.
The truck driver has the responsibility to drive the truck safely. That is the bottom line. When the driver is distracted (cell phone), too tired to drive, makes a mistake, or is driving while intoxicated, devastating injuries can occur.
The condition of the roadway can also be a cause (or contributing factor) in a truck accident in Ellenwood. Things such as poor signage, lacking signals, missing guardrail, uneven pavement, wet or icy roads can all make a truck crash more likely.
Big trucks have a lot of moving parts, and sometimes these parts break down. When things like the steering or brakes fail, then a truck accident can occur. We often uncover hidden truck defects in cases that we handle.
Bottom line: truck accidents are caused by negligence and recklessness
As the above list shows, it is usually negligence or reckless conduct that causes the majority of commercial truck accidents. When a truck driver breaks safety rules, or the company fails to properly train the driver, the driver and company can be found liable of negligence in Georgia courts.
When a negligent truck driver or company causes a truck accident, then they should be held accountable. The same applies to trucking companies that do not properly maintain their trucks or give their drivers unrealistic time deadlines thus making them exceed the maximum safe driving hours. The Ellenwood truck accident attorneys at Georgia Auto Law hold negligent truck drivers and companies accountable for their actions. We are on your side, always.
We will be more than just your lawyer.
We know how much of an impact a truck accident can have on you and your family’s lives. Our promise is to be more than just the “lawyers” handling your case. We will stand by your side in any way we can to help you recover and get back on your feet. That is our promise to you.
Common truck accident injuries
Truck accidents can be some of the most devastating and catastrophic crashes on Ellenwood roads. They often lead to severe injuries that can be life-changing and require immediate medical attention as well as long term medical care. Unfortunately, many of these injuries can lead to life-long damage to a person’s life and change what daily life is like. Below are some of the injuries that can occur in a truck accident.
Neck and spinal cord injuries. Some of the most severe injuries are injuries to the neck and spine. This type of injury can lead to extreme pain and even paralysis and death. Even if the spinal cord injury does not lead to paralysis, it can cause life-long complications such as nerve pain and loss of mobility.
Traumatic brain injury. These injuries are sometimes referred to as TBI, and they have lasting effects on the human brain. TBIs can impact cognitive function, memory, and verbal communication. A traumatic brain injury can occur from a blow to the head, or from severe whiplash.
Broken bones. One of the main injuries in truck accidents is broken bones. The force of the crash can cause shatter injuries and requires casts and surgery to repair.
Loss of limb. A tractor trailer crash can cause the accident victim to list a limb. Sometimes the injuries are so severe that a limb can not be saved and doctors have to amputate.
Truck accident injuries can often affect the victim for the rest of their live. The injuries can prevent you from returning to work, and it can impact your ability to earn a living in the future. Often, a truck accident injury can require serious medical treatment and ongoing medical care for the rest of your life. There is no doubt that these changes to a person’s life are incredibly difficult to cope with. They leave a physical, mental, and financial impact on the victim. This is why the truck accident attorneys at Georgia Auto Law do not rest until you get the financial compensation you need to get back on your feet.
Our job is to do everything in our power to take the stress off of your shoulders. After a truck accident, you have enough to deal with regarding your physical recovery. We handle all aspects of your truck accident injury case so you can focus on getting better.
Georgia Auto Law is the team you want.
If you or a loved one has been injured or killed in a truck accident in Ellenwood, you need the absolute best Ellenwood truck accident lawyer team that you can find. At Georgia Auto Law, we have built our team from the ground up and our experience and reputation speaks for itself. When you say “Georgia Auto Law” to the trucking insurance companies, they know what they have coming for them.
Truck accidents are different than car accidents
Conducting a proper truck accident investigation and proving the cause of the crash is very different from a normal car accident. A truck accident case requires a different process that is much more complex and detailed. Although there are many laws that govern how we drive our cars on the roads, commercial truck drivers and trucking companies have a host of federal and Georgia state regulations that they are required to follow. It is critical that you get a dedicated and experienced truck accident attorney in Ellenwood to take on the insurance companies for you. A real truck accident lawyer will have teams of experts and resources that they use to conduct a complete investigation of the truck accident.
Things that an experienced truck accident lawyer does immediately:
- Goes out to the crash site to inspect the scene
- Sends an accident reconstructionist to analyze how the crash happened
- Goes with a team to inspect the tractor trailer
- Interviews all witnesses
- Speaks to the law enforcement officers who responded
By taking these immediate steps, we make sure that we gather as much information we can from the beginning. That is what an experienced truck accident lawyer does.
The main differences between the trucking regulations apply to the truck drivers and the truck companies. There are regulations that say how long a truck driver can stay behind the wheel before taking a rest break, how often truck drivers must be tested for alcohol and drugs, and how they operate the truck. Violations of these regulations can lead to serious and catastrophic truck accidents. For example, if a truck driver is over his maximum safe driving hours, and falsifies his log books, he and his company will be held accountable.
There are also regulations that apply to the weight of a truck, how much the truck can carry, how the load must be secured, and how often the truck should be inspected. Violations of these regulations can also result in serious and fatal truck accidents. Because of these factors, a Ellenwood truck accident case is very different from a normal car accident.
Commercial trucks, tractor-trailers, 18-wheelers are huge machines that can weigh over 80,000 pounds when fully loaded. That is over twenty times the weight of a normal passenger car. Because of this, commercial trucking companies and truck drivers are required to follow special regulations and laws. These regulations do not apply to normal car accidents, so it is important to find an experienced truck accident lawyer who knows how to handle these complex cases.
For example, there is a rule that says a truck driver is not allowed to drive more than 11 hours in a single day. This is to make sure that truck drivers do not get tired and fall asleep behind the wheel of the big-rig. However, big trucking companies often have financial motivations to cover long distances faster so that they (and their trucking company) make more money. So, they break the rules which can lead to serious truck accidents.
Commercial truck accidents are also different in the following ways:
- More Property Damage: Because of the size and weight of commercial freight trucks, they cause a lot more damage than a typical car. This means that all vehicles involved are going to be more severely damages than if it was just two cars involved
- Bigger Insurance Policies: The insurance policies for commercial trucks can be up to 40 times bigger than normal car accident insurance policies. Often, the total available insurance is in the millions of dollars. This means that the insurance companies will do anything they can to prove that their driver was not at fault in the crash. Insurance adjusters will try to reach out to injured victims immediately and offer what seems to be a “large” amount of money to settle the case and close it out–but your case might be worth much more. This is a very common tactic that our truck accident lawyers see all the time. The only way to make sure you are not taken advantage of in this difficult and stressful time is to have an experienced truck accident lawyer on your side from the beginning.
- Injuries can be much more severe: Oftentimes, the injuries that occur in a commercial truck crash are life-changing and lead to serious medical bills and treatment. Injuries in a truck crash can be serious whiplash, traumatic brain injuries, spinal cord injuries, burns, and broken bones.
- Higher medical bills: Because the injuries are more severe, medical bills from a truck crash are also much higher than in a car accident. Often, victims of truck crashes require long-term medical care, and even surgery, to help them recover from their injuries. By having our truck accident team at Georgia Auto Law on your side, we can make sure your future pain and suffering will be part of your compensation.
- Chance of death is higher: When an accident occurs with a large commercial truck, it is more likely that a death may occur than an accident between two cars. The Federal Motor Carrier Safety Administration (FMCSA) estimates that there are between 3,000 and 5,000 deaths per year due to truck accidents.
Because of the complexities that are involved in a truck accident, it is important to speak with an experienced truck accident lawyer as soon as possible. Trucking companies and commercial truck insurance companies have huge defense teams of lawyers, investigators, accident scene photographers, and unlimited money to fight against you. That means you need a strong team on your side too.
What you need to do directly after an accident with a truck
There is going to be a lot going on in the immediate aftermath of a truck accident. It may seem impossible, but the most important thing is to remain as calm as you can under the circumstances. This is certainly easier said than done, but it will help you stay focused on the important things.
You should turn on your hazard lights (if possible) and remain inside your vehicle until emergency responders arrive. You may not know the extent of your injuries, so let the emergency medical professionals help you. For example, you could have adrenaline running through your body and that could be masking the pain of very serious injuries. Also make sure that any passengers in your car get checked out by medical professionals too.
If you are able, you should collect all contact information for all parties involved in the accident. This information will be very important in case you want to make a truck accident claim. Also try to get the information for anyone who was a witness to the accident.
If you remain on scene, or before going to the hospital, try to take some photos of the crash scene. Sometimes your injuries will prevent this from being possible. In that case, try to contact a friend or family member to come take photos of the scene (and all vehicles) as soon as possible.
You should avoid saying anything regarding fault or responsibility for the truck accident. That will all be taken care of later, so just focus on getting medical attention and the other things that we discussed. It is very important that you speak with no one from the trucking company or their insurance company about the truck accident and what happened. You are under no obligation to speak to the insurance company, so make sure you talk to a truck accident lawyer in Ellenwood first.
Truck licensing and insurance regulations in Georgia
As discussed above, truck driver and trucking companies on Ellenwood roads are required to follow both the federal regulations and Georgia laws. The United States Department of Transportation along with the Federal Motor Carrier Safety Administration (FMCSA) are two of the federal agencies that govern the trucking industry. These regulations always come into the picture during a truck accident lawsuit in Ellenwood.
There are also Georgia state laws that apply to truck drivers and trucking companies. Georgia law requires truckers to have very specialized commercial driver’s licenses. There are also specific regulations on the amount of truck accident insurance coverage that a trucking company must have. Currently, truck drivers are required to have at least $750,000 of insurance if they haul loads across state lines (interstate trucking). If the truck is hauling hazardous materials, then the truck must have $5,000,000 of insurance coverage.
How much insurance is there for my truck accident case?
This is one of the first things your truck accident lawyer will be able to help you figure out. Often, the trucking companies and truck insurance companies will try to hide how much insurance coverage they really have. So, we use our resources to find out exactly how much insurance coverage is available to compensate you. If you speak with a truck accident lawyer in Ellenwood, be sure to ask them to look closely at how much insurance is available for your case.
Regulations for truck drivers
Truck drivers and trucking companies are required to abide by trucking regulations that are published by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA is a federal government agency that sets out the guidelines for truck driver hours, truck weight, truck maintenance requirements, and other safety requirements. If a truck driver (or the trucking company) violates these rules, there are serious consequences. These consequences are in the form of severe penalties and, unfortunately, serious truck accidents. If you were injured because of a truck driver or truck company’s negligence, the trucking accident lawyers in Ellenwood at Georgia Auto Law will make sure they are held accountable.
Stronger experience means stronger results
Before you choose a lawyer to represent you, be sure to look at their experience and success in truck accident cases. Then you can be confident that your attorney has what it takes to handle your case. The Ellenwood truck accident attorneys at Georgia Auto Law have serious experience in all aspects of truck accident law. We handle the full spectrum of complex cases and we are 100% dedicated to getting our clients the best outcome possible, whether that is a truck accident settlement or trial. Our results and our experience are what set us apart:
- Millions of dollars recovered for our truck accident clients
- Winning verdicts and court judgments for our clients
- The strongest reputation for truck accident success in Georgia
We have won very big cases for our truck accident clients throughout the years, and we continue to fight for truck accident victims every day. We treat every truck accident case with full commitment, and we do not rest until you can.
How a truck accident attorney can help you
There are many steps that have to take place in a truck accident case before reaching a settlement or going to court. A reputable Ellenwood truck accident lawyer will be able to help you navigate the legal system to make sure you get the financial compensation that you need and deserve.
One of the main concerns for a truck accident victim after a crash is their family. Georgia is a state where we put a lot of value on family, and our families mean everything to us. A professional truck lawyer can help you in dealing with the insurance company and trucking company to make sure your family and loved ones are taken care of. Your lawyer will take the stress of handling the case off of your shoulders, so you can focus on your recovery and getting the help you need. We will fight for you and your family while you get better.
Your lawyer that specializes in truck accidents can file your truck accident lawsuit, and make sure that the claim does not leave out any important information. There are many small details that a truck crash lawyer has to pay attention to, and it can make or break the success of the case. The best lawyers send out experienced teams of investigators immediately after your initial consultation. This is so important, and you should make sure your truck crash lawyer is out on the truck accident scene immediately after taking you on as a client. The evidence that a truck lawyer can gather from the crash scene is vital when it comes to proving that the truck driver and truck company were at fault.
We immediately visit the scene of every truck accident we take on.
Our managing attorney himself, Mark Wade, personally travels out to the scene of every single truck accident that we take on. As soon as he gets off the phone with the truck accident victim or family, he is in the car headed out to inspect the scene. This dedication is why we are Georgia’s first call for truck accident cases.
Georgia Auto Law truck accident investigation process
Throughout the years of representing truck accident victims in Ellenwood, our truck accident attorney team has designed a detailed truck accident investigation process that we use on every truck accident case we handle. We aim to complete these steps immediately after taking on a truck accident case. The process includes the following:
- Speak to the victim or family about what happened
- Immediately visit the truck accident scene (take photos and video)
- Dispatch team of accident reconstruction experts to accident scene
- Review all police documents related to the crash
- Gather all photos and video evidence of the truck accident
- Inspect the truck and trailer for faults and malfunctions
- Interview all witnesses that were present a the time of the truck accident
We have learned over the years that things are not always as they may seem at first. That is why we conduct such a detailed investigation of the truck accident. We often find that there are additional parties who could be held liable that we would not have known about if we did not have our investigation process. For example, the manufacturer of the truck, trailer, or tractor trailer parts can be held accountable for a truck accident if their parts were poorly manufactured and led to the crash. It takes an experienced truck accident lawyer to know what to look for.
Georgia Auto Law is ready to help you today
When we file a truck accident lawsuit, we are seeking to hold the negligent parties accountable on behalf of you and your family. Our goal is to make sure you get the financial compensation that you and your family need to get your life back on track. Tractor trailer lawsuits are very difficult to win, and they are highly complex cases. That is why you need an experienced Ellenwood truck accident lawyer by your side.
The first step our truck accident lawyers take is to conduct a very detailed investigation. Many lawyers skip this step, but in a truck accident case it is the most important step. There are many documents and different parties involved so it is critical to investigate all aspects of the accident to make sure we have every piece of evidence possible.
After we fully conduct our investigation, we continue forward with your truck accident claim and prepare for the negotiations, settlement, and litigation. Truck accident cases can take some time to get full and maximum compensation, but our lawyers always push the case forward as quickly as possible. We do not rest until you are fully compensated and back on your feet.
Your trusted Ellenwood truck accident attorneys
There is no doubt that commercial vehicles present hazards on Ellenwood roads that can make it dangerous for other drivers on the roads. Trucks drive for thousands of miles, and truck drivers stay behind the wheel for hours and hours for days on end. This means that the trucks need to be maintained at a higher level due to the extreme use. Imagine an engine, brakes, suspension, just running and running without stopping. It creates wear and tear on the truck that needs to be maintained to avoid malfunctions.
Truck drivers also get very tired behind the wheel. They often are trying to meet unrealistic deadlines set by their company, which means they stay behind the wheel even when they may be too tired to do so. Truck drivers are also required to follow all of the rules of the Federal Motor Carrier Safety Administration (FMSCA). The FMSCA has strict regulations on driver hours that control how long a truck driver can stay behind the wheel before taking a break to sleep. Even with these regulations, the FMSCA has reported many violations.
Violations reported by the FMSCA in 2019
- Over 501,000 trucks subject to a roadside inspection had serious violations that rendered the truck “out of service” (meaning it should not have been on the road)
- Over 161,000 truck drivers received serious violations that rendered them “out of service” (meaning the driver should not have been behind the wheel”)
Post crash truck inspection
One of the most important sources of evidence in a truck accident is the truck and trailer itself. Because the trucking company can be held liable for poor maintenance of the tractor trailer, we have to know the condition the truck was in before the crash. Were the brakes bad? Were the lights out? We send expert truck inspection teams out with our lawyers to find the answers to these questions.
Ellenwood truck accident lawyer
Truck and commercial vehicle accidents can be the most devastating accidents in Ellenwood and across the United States. In Georgia, we know how busy the traffic can get in Ellenwood. I-285 is considered one of the most dangerous highways in the United States. There have been years in the past decade when I-285 was found to be the deadliest highway in the entire country. Many of these serious and fatal crashes are between a commercial truck and a passenger car.
An accident between a large commercial truck and a normal car will often lead to more damage and devastation than an accident between two cars. When a big rig truck gets out of control, is not paying attention, or crashes into another car, there is a good chance that other vehicles will be involved. Truck accidents simply cause more destruction. There is so much weight due to the trailer full of cargo, that they are like tanks on the roadway.
If you or a loved one are a victim of a semi-truck collision in Georgia, you may have legal options to seek compensation. An experienced Ellenwood truck accident lawyer will be able to fight for your right to maximum compensation. This can help you achieve financial security, cover your medical bills, and get you back on your feet. Below we are going to go over some key truck accident statistics.
Truck accident statistics
The Federal Motor Carrier Safety Administration (FMCSA) routinely publishes statistics about truck accidents. Below are some of the key statistics about truck accidents.
Key truck accident statistics
- Over 4,500 large trucks were involved in deadly crashes in 2018
- 60 percent of fatal truck accidents occurred on rural roads
- Approximately 30 of fatal truck accidents occurred on interstate highways
- There were over 500,000 reported truck accidents in 2018
These numbers are certainly concerning in a time when our vehicles have safety and protection technology in them. There are mechanisms and functions that are designed to keep passengers and drivers safe. But, truck accidents still happen.
Advanced safety technology is available in commercial trucks throughout the world. However, many U.S. trucking companies are more concerned with their bottom line than spending money on safety devices. Because of this, most trucking companies have fallen behind regarding technology and do not implement these safety options. Commercial trucking regulations do not require these safety protections, so most companies choose not to invest in them.
Determining fault in a truck accident
As discussed above, there are government guidelines for commercial trucking companies to follow that are designed to protect drivers from the dangers of truck crashes. If these regulations are not followed, and a truck wreck happens, the truck driver and the company will most likely be at fault for the crash. There are three main safety violations that our truck accident lawyers see time and time again:
- Violation #1 Tired truck drivers
- Violation #2 Breaking highway safety and traffic laws
- Violation #3 Poorly and improperly maintained trucks
On Ellenwood roads, tired truck drivers behind the wheel is one of the most common causes of 18-wheeler accidents. Truck drivers often will violate the hours limitations in order to try to meet their deadlines and get the load delivered faster. This is a very common and widespread problem in the trucking industry, and when an accident happens, the driver’s log books must be inspected to see if they were violating the maximum safe driving hours limits.
The importance of truck driver log books:
Truck drivers are required by federal regulations to maintain detailed logbooks of their driving hours and rest hours. This is because of the extreme dangers of a 80,000 big rig truck being driven by a sleepy truck driver. One of the first things our Ellenwood truck accident attorneys review is the driver’s logbook to see if they were violating the maximum safe hours regulations.
Sometimes, the violations are plain as day. Other times, we are able to prove that the logbooks have been falsified and are fraudulent. Additionally, a trucking company is only required to keep the logbooks on file for 6 months. That is why it is so important to act quickly and find the best truck accident lawyer in Ellenwood that you can. The success of your case can depend on it.
An experienced Ellenwood truck accident lawyer from Georgia Auto Law will hit the ground running and prove that the truck driver and trucking company were negligent and at fault for the accident. We do this by:
- Analyzing the driver log books
- Checking truck maintenance logs and reports
- Investigating driver credentials and background
- Gathering all police reports and documents
- Reviewing all photos of the scene and vehicles
- Meeting with all witnesses
- Discovering manufacturing defects and recalls
Who was at fault in my truck accident?
One of the most common questions asked by truck accident victims is: who was at fault in my truck accident? The answer depends on the circumstances of your accident. If you want to find out who was at fault in your truck accident case, let us know and an experienced truck accident lawyer from Georgia Auto Law will help you figure it out.
Georgia truck accident fault laws
The Georgia truck accident fault laws state that a person who is responsible (at fault) in a truck accident to compensate the crash victim, or their loved ones, for all damages suffered in the crash. This compensation includes all past and future medical bills, lost wages, and pain and suffering.
Under Georgia truck accident fault laws, we have a system called “comparative fault.” This means that a victim of a truck accident can recover financial compensation so long as they were less than fifty percent responsible for the crash.
An experienced truck accident lawyer should investigate the circumstance of your accident to determine if there are any comparative fault issues. In evaluating this, an experienced truck accident lawyer will look at the following things:
- Whether one of the parties was more at fault than the other
- Whether a third party, like the owner of the truck, has fault
- If the truck driver broke the law (running a red light or a stop sign)
Injured victims in truck crashes should seek the advice of a truck accident attorney before agreeing to any settlement with the truck insurance company. A truck crash lawyer will be able to provide you with a legal opinion, based on the case information and facts, as to whether you are being fully compensated for your injuries. Most of the time, insurance companies start by trying to get an injured victim to accept a low-ball settlement offer.
Responsible parties in a Georgia truck accident case
Usually, people tend to think that the only possible liable parties in a truck accident case are the drivers. So, in order to get compensation for lost wages, pain and suffering, and medical costs, injured victims simply make a claim against the driver. But, for a truck accident in Ellenwood, there are usually other parties who may be held liable for the crash.
Liable parties in a Georgia truck accident case:
Truck driver: drivers who were breaking regulations or traffic laws can be held responsible for a truck crash
Owners of the trucking company: the trucking company itself can be held liable for poorly maintained vehicles that causes injuries
Mechanics: when a mechanic is negligent in working on a truck (for example, failing to bled the brakes), they could be held liable for a driver’s inability to stop the truck in time.
Truck manufacturers: the actual manufacturer of the truck can be held liable for installing faulty parts on the truck that prematurely wear out or lead to a crash
Loading companies: these companies are responsible for actually loading the truck. There are safety rules that they must follow such as properly distributing the weight of the load. If they fail to do so, then they can be held accountable.
Our truck accident experience speaks for itself
Georgia Auto Law has a reputation for winning major truck accident settlements and court judgments for truck accident victims and families throughout the state of Georgia. If you or a loved one has been involved in an accident with a semi-truck, dump truck, big rig, tractor trailer, 18-wheeler, or any type of commercial vehicle, we are just a phone call away to talk about your legal options.
Trucking companies and their drivers must drive safely and keep the roads safe for other people. If you suffered a severe injury due to a negligent truck driver, call us for a completely free case consultation. We work every day to hold negligent drivers and companies accountable for the harm they cause. We are here to help you and your family get the financial security needed to heal and get your lives back on track.
We are here to help you get back on your feet.
A truck accident can cause life-changing damage to a person and their family. The injuries are often very severe, and even fatal. Our team understands the serious impact this has had on your life, and we are here to do anything we can to help you get back on your feet. We are ready to speak with you whenever you are.
All of our services are offered on a contingency fee basis. That means that you only pay if we win a settlement or judgement for you. Even then, our fee comes out of the money we win, never your pocket. We stand by our No Fee Pledge™.
Full justice for truck accident victims
At Georgia Auto Law, we believe that injury victims should not have to pay the price for the negligence of another person or company. You should never settle for less than full compensation for your injuries. Contact us today to speak with one of our truck accident attorneys in Ellenwood.
Commercial truck companies and their drivers must follow the safety rules that are there to protect us. If they fail to follow these safety rules, then the Ellenwood truck accident attorneys at Georgia Auto Law will make sure they are held accountable. When negligence leads to serious or fatal injuries, our experienced trucking accident attorneys should be your first call.
Our truck accident lawyers handle all types of commercial trucking collisions including:
- Tractor trailer accidents. Georgia Auto Law will fight to hold the negligent parties liable and make sure you get financial security. In tractor trailer accidents we also hold manufacturers of the trucks and trailers accountable for defects that lead to injuries.
- Commercial vehicle accidents. Semi trucks and big rigs are just some of the commercial vehicles out on the roads. Our truck accident attorneys also handle accident cases caused by government vehicles, delivery trucks, fuel tankers, company vehicles, and others.
- Dump truck and log truck accidents. There are additional safety rules that must be followed by drivers of logging trucks and dump trucks. Our truck accident lawyers help victims of log truck and dump truck crashes get the financial compensation they need.
- Truck underride accidents. Trucks are huge when compared to normal cars. This means that accidents where the smaller car goes under the truck (called “underride”) are very common. These types of accidents are extremely dangerous and can lead to death.
Ellenwood truck accident lawsuit process
The process for an Ellenwood truck accident lawsuit can be complicated. Trucking companies and their insurance companies hire teams of investigators, defense lawyers, and medical experts to try and get off the hook. The truck accident lawyers at Georgia Auto Law are not intimidated by these tactics. We have fought against them and beaten them time and time again. Below is an overview of the steps in a Ellenwood truck accident lawsuit.
In the minutes and hours after a truck accident, the trucking company and their insurance company will send an entire team to the accident scene to gather evidence and information. They do this in order to build their defense from the beginning trying to limit their potential liability. Because of this, you should contact a truck accident attorney in Ellenwood as soon as possible after the crash. This will allow your lawyer to conduct an investigation of their own and preserve the valuable evidence that is needed.
Low-ball settlement offer from the insurance company
A truck insurance company is in business to make money. They will try to get you to accept a low-ball settlement offer as soon as they can. If you are still on scene, do not discuss the accident, your injuries, or anything about what happened with anyone except your doctors and your truck accident attorney. This also goes for the days and weeks after the accident too. The insurance company will try to uncover information that they can use against you. Leave it to your truck accident attorney to handle all of the discussions with the insurance company and any other parties.
Creating the claim
Your attorney will set up the claim and build your case using all of the evidence gathered in their investigation. The truck accident claim will lay out your injuries, what happened in the crash, request full compensation for injuries, and show how the truck driver and truck company was negligent. Your truck accident claim will be the basis for your Ellenwood truck accident lawsuit.
Before your lawyer formally begins the truck accident lawsuit process, they will probably attempt to negotiate with the insurance company to try and reach a settlement before going to court. Negotiations will be a big part of the Ellenwood truck accident lawsuit process. There is often a second round of negotiations after the lawsuit has been actually filed with the court. If the settlement negotiations are unsuccessful at the end of the day, then your truck accident case will go to court.
Litigation and trial
Your attorney will represent you in court and present your case to a judge and jury. The defense lawyer (who represents the insurance company) will do the same thing. They will present evidence and then the jury will deliberate and give a verdict of their decision. The verdict will decide who was at fault, and if you win, then it will state the amount of compensation you should receive.
Our truck accident lawyers have answers.
The truck accident lawsuit process can be intimidating and overwhelming for truck accident victims. The experienced truck accident attorneys at Georgia Auto Law are here to answer all of your questions completely free. Just reach out and you will have the answers you are looking for.
Fatal trucking collisions
Due to the severity of truck accident injuries, many crashes result in death. There is no amount of financial compensation that can bring back someone who was lost, or ease the pain of losing someone we love. However, damages recovered in a wrongful death claim after a truck accident can help provide a financially secure future for the family.
Damages in a fatal trucking collision may include:
- Burial and funeral costs
- Medical expenses prior to death
- Loss of companionship
- Loss of future wages and earnings
Georgia has specific laws that designate which family members are allowed to seek financial compensation in a truck accident wrongful death case.
The following individuals may be able to qualify for compensation:
- The victim’s spouse
- The victim’s children
- The victim’s parents
- The representative of the victims estate
There is no doubt that filing a claim on behalf of a lost loved one is a very emotional undertaking. An experienced truck accident lawyer will be able to help the family members with compassion and respect during a very difficult time in your lives.
We are here for you.
Legal action may be the last thing that is on your mind when you have lost a loved one in a truck accident in Ellenwood. But, the truck accident lawyer team at Georgia Auto Law is ready to stand by your side. We are ready to help you get the financial security, justice, and closure you need for your family. If you are not quite ready to talk right now, we will be here when you are.
What compensation can be recovered in a truck accident lawsuit?
One of the main questions that truck accident victims need an answer to is the type of compensation that is available to compensate them. A truck accident can change your life. It can cause permanent injuries and death. Because of this, you and your loved ones need to know the type of compensation that can be recovered in a truck accident lawsuit in Ellenwood.
A truck accident victim can recover the following types of damages:
- Present medical bills
- Future medical expenses
- Lost wages from missed work
- Lost of future earnings
- Pain and suffering
- Mental anguish
- Funeral costs
If you or a loved one has been injured or killed in a truck accident, you should reach out to a truck accident attorney in Ellenwood to pursue legal action. Our team is here for you.
We have answers.
The truck accident lawsuit process in Ellenwood can be complicated and intimidating. The Ellenwood truck accident attorneys at Georgia Auto Law are here to help. We are just a phone call away to answer any questions you may have. Even if you are not ready to start your case right now, we will answer all of your questions for free. We want to help.
How our Ellenwood attorneys prove truck driver negligence
During our investigation into a truck accident case, your attorney will do the following things to prove the negligence of the truck driver and the truck company:
- Investigate whether any traffic violations occurred
- Review the truck driver’s experience and credentials
- Investigate the truck and whether it was properly maintained
- Analyze the truck company’s log books and records to see if all federal and Georgia trucking regulations were followed
- Visit the truck accident scene (usually many times) to understand exactly how the truck accident occurred
- Review police reports, photographs, witness statements
- Look for any possible manufacturing defects in the truck
The investigation into proving the negligence of a truck driver in a truck accident takes a lot of experience. Our Ellenwood truck accident lawyers at Georgia Auto Law have teams of experts that we use to gather evidence and make sure your right to compensation is protected.
Common causes of truck accidents
When Georgia Auto Law takes on a truck accident case, we do not rest until we find out who are the responsible parties and we secure all the necessary evidence for court. In the years we have been working in truck accident law, we have seen several common causes of serious truck accidents.
Some of the common causes of truck accidents include:
Poor truck maintenance. There are very strict rules and regulations that apply to maintaining trucks and inspecting them before driving. If a driver or company fails to properly inspect the truck, then it is negligence.
Poor driver training. Trucking companies are fully responsible for training their drivers. The truck company must make sure the drivers know about all of the safety rules and how to follow them. If the company fails to properly train its truck drivers, then the company can be held liable in the truck accident.
Safety rules violations. As discussed above, the FMSCA enforces rules to protect us all from the dangers of trucking accidents. These rules include requirements for truck maintenance and driver hours restrictions. When a truck driver or the trucking company break these rules, dangerous truck accidents can occur.
Tired, distracted, or impaired drivers. Too many hours behind the wheel is a recipe for disaster. Truck drivers cause severe accidents when they have been driving for too long and become fatigued. Drivers who are distracted (cell phones or electronic devices), and impaired by alcohol or drugs are also leading causes of truck accidents in Georgia.
Negligent hiring. Trucking companies are required to conduct background checks and investigate all of their drivers. This includes driving history and any record of previous substance abuse. When a trucking company does not properly vet its drivers, the company can be held liable when a driver causes injury.
Truck accident cases move fast. Don't wait.
If you or a loved one have been injured or killed because of a crash with a truck, big rig, tractor trailer, or any other commercial vehicle, please do not wait to contact an Ellenwood truck accident lawyer. Trucking companies and insurance companies start building their defenses as soon as the crash happens, and they often send teams of investigators out to the crash scene within hours of the crash. We do the exact same thing as soon as you reach out to us. So, the sooner we talk to you, the sooner we can get our truck accident team in the fight.
Types of truck collisions on Georgia roads
There can be many different types of truck accidents out on Ellenwood roads. Georgia is a state with a wide variety of types of roads. We have flat and rural highways, crowded city interstates, and winding mountain roads. Our truck accident lawyers in Ellenwood, Georgia have just about seen it all, but there are some types of collisions that we see more often than others. Here are some of the most common types of accidents that involve commercial trucks:
- Underride crashes
- Front end impact
- Jackknife accidents
- Read-end collisions
- Hazardous material spills
The sad truth is that, due to their size, weight, and speed, a commercial truck is much more likely to cause lifelong damage to everyone involved in a truck crash.
Anyone involved in a truck accident should contact a lawyer.
Anyone who has been involved in a truck accident should contact a truck accident lawyer to see about your legal options. If you are here on behalf of a lost loved one, we are ready to help you in every way we possibly can.
Common causes of trucking accidents in Ellenwood, Georgia
The majority of truck drivers are very good and take safety seriously. But, unfortunately, catastrophic truck accidents still occur frequently throughout Ellenwood and the United States. Below our trucking accident attorneys have put together a list of some of the most common causes of trucking accidents in Georgia.
Common causes of trucking accidents in Ellenwood, Georgia:
- Poor maintenance of trucks
- Excessive speed
- Mechanical failure
- Distracted driving
- Overloaded trucks
- Improperly secured cargo
- Dangerous road conditions
- Driver fatigue
- Intoxicated drivers (drugs and alcohol)
- Inadequate truck driver training
- Defective truck parts
- Unrealistic delivery deadlines
Sometimes things such as bad weather can be the cause of a trucking accident, but most often the base cause of a truck crash is negligence and carelessness. To figure out what the real cause of your truck accident, you need an experienced truck accident lawyer who has knowledge and the skilled team to take your case all the way.
Compensation for a trucking accident in Ellenwood, Georgia
Trucking accident victims can sometimes feel overwhelmed and stressed after suffering life-changing injuries or losing a loved one due to a trucking accident. When it comes to truck crashes, life can change in the blink of an eye. When someone or a loved one is injured in a trucking accident, they do not have to go against the insurance company and trucking company alone. The experienced truck accident lawyer team at Georgia Auto Law knows how difficult this time can be. Our experienced trucking accident lawyer team is committed to never resting until our clients and their families receive full and fair compensation for what they have been through.
When a truck driver or trucking company is responsible for a crash, the injured victims have a right to seek financial compensation for different categories of damages, including:
- Lost wages for missed work
- Medical bills, surgery bills, future medical care, and future need for medical equipment
- Burial and funeral expenses if the truck accident resulted in a death
- Physical and occupational therapy
- Pain and suffering
- Loss of enjoyment of life
- Interference with daily living
- Compensation for loss of consortium, loss of guidance, loss of companionship (if a loved one was lost)
Don't leave anything on the table.
Georgia law allows for full compensation for all damages suffered in a truck accident in Ellenwood. Make sure you are open with your lawyer and discuss the full extent of your damages. You have the right to complete compensation, so we do not want to leave anything on the table.
Georgia truck accident claims: what is the statute of limitations?
Truck accident claims are subject to a strict statute of limitations. Under Georgia law (Ga. Code Ann. Sec. 9-3-33), plaintiffs have two years from the date of a crash to take legal action.
There are very few exceptions to this legal rule. If you do not file your claim in two years, your case will be dismissed. You need to take action as soon as possible after a crash. If a tractor trailer crash injured you, contact an Ellenwood truck accident lawyer right away.
Don’t wait to claim
Don’t wait to claim, time is truly of the essence. Put your mind at ease, get in touch today to learn if you have a case today (most people do).
Remember, we are 100% transparent about our fees. Our payment is a percentage of the settlement—nothing more.
Truck accident claims are highly complex.
Commercial truck accident claims are more challenging than other motor vehicle accident cases.
In the modern world, commercial trucking is a big, complex industry. State and federal safety regulations affect trucking operations and any legal claims. If you got hurt in a commercial truck accident, you need a Ellenwood semi-truck accident attorney who understands the process.
A few of the complicating factors include:
Many different defendants may be liable for a commercial truck accident. It is important that injured victims consider every path towards financial compensation.
You may be able to bring a truck accident claim against:
- The truck driver, the driver’s employer
- The company leasing the truck
- The company that loaded the truck
- The company that manufactured the truck or trailer
- A third-party driver
- A government entity
In some cases, more than one defendant may share liability for your injuries.
State/Federal safety regulations
If a trucking company violated any state or federal safety regulation, it must be held accountable for any resulting accident.
However, it is not always obvious when these violations occur. How do you know if the truck driver was following federal rest requirements? How do you know if the truck had been properly inspected? For an individual victim, this important information is out of reach. This is why all truck accidents should be investigated by an experienced attorney. Your lawyer will be able to review the company’s safety records, the driver’s history, and its general operations to determine if there is liability. Never assume that the trucking company is not at fault.
Per Georgia regulations, trucking companies have large commercial insurance policies in place. Commercial insurers are aggressive in handling personal injury claims. They start building a defense within minutes of an accident. Insurance companies use every tactic in the book to limit their own liability.
Our Ellenwood truck accident lawyers know how to handle these insurance carriers.
We will protect your rights.
Do not speak to an insurance adjuster without speaking to a personal injury lawyer first.
Going to court for a trucking accident
If you or a loved one has been involved in a truck accident in Ellenwood, it is important to know that the statute of limitations begins to run on the date of the crash. In Georgia, personal injury claims must be filed within two years of the date of the injury. Because of this deadline, time is of the essence. It is important to hire a dedicated truck accident lawyer who can get your case underway as quickly as possible so you do not lose your right to truck accident compensation.
Our lawyers take your case all the way.
If the trucking company or the truck insurance company is being unreasonable, we put the pressure on. Our team of truck accident lawyers will get the case ready and take it to trial. We will not stop fighting until we get you the financial security that you need. Put simply: we never back down.
Maximize your financial recovery.
Above all else, insurance companies are fundamentally focused on protecting their own bottom line. In practice, this means that they will try to settle your claim for the minimum amount possible.
Insurance companies focus on protecting their own bottom line. This means that they will try to settle your claim for the smallest amount possible.
Even if you can prove the trucking company’s liability for the crash, the insurance company will still try to lower your settlement amount.
You need an attorney who can level the playing field. At Georgia Auto Law, our Ellenwood truck accident lawyers get plaintiffs the largest settlement offer. You may be eligible to recover financial support for:
- Ambulance fees
- Emergency room care
- Medical expenses
- Rehabilitative treatment
- Lost wages
- Long-term disability
- Pain and suffering
- Mental distress
- Wrongful death damages
Our Georgia truck accident lawyers are here to help.
The truck accident lawyers at Georgia Auto Law have extensive experience with the truck accident claims process. We will take care of everything related to your case. All you need to do is focus on getting better.
Georgia semi-truck accident cases are some of the most complicated personal injury claims. You need an experienced Georgia truck accident lawyer who will protect your rights.
At Georgia Auto Law, our Georgia trucking accident attorneys are ready to help you get the justice you deserve. When you we are on your team, we will:
- Conduct a free, in-depth review of your Atlanta truck accident claim
- Answer every question you have and address your most pressing concerns
- Immediately begin our truck accident investigation process
- Work with your doctors to get you the right treatment
- Issue a subpoena to get the trucking company’s records (electronic data, driver safety records, inspection reports, etc.)
- Deal with the insurance company and handle all negotiations
- Take your truck accident case to court if needed
Most truck accident injury claims are settled outside of the courtroom, but we are always ready to file a truck accident lawsuit. Our trial-tested truck accident lawyers are ready to take your case all the way.
Contact our Georgia commercial truck accident lawyers today.
At Georgia Auto Law, our team of the best truck accident lawyers in Georgia fight for injured victims. If you or your loved one was hurt in a truck crash in Georgia, we are here for you.
Our attorneys handle truck accident cases in Atlanta and all across the state of Georgia. We are Georgia’s “go-to” truck accident law firm.
For a free, no obligation review of your truck accident injury claim, please contact Georgia Auto Law right away. My team is ready for you.
Truck accident FAQs
Who is the responsible party in a truck accident in Georgia?
The person or company who is “at-fault” in a truck accident may not be as obvious as you first think. If you, or someone you love, has been injured or lost in a truck accident then you should know that there is a long list of potential parties who could be held liable.
- Truck driver
- Owner of the truck
- Trucking company
- Company leasing the truck or trailer
- Shipper who needed to move the cargo
- Manufacturer of the truck or trailer
Usually, these parties will deny liability and try to point fingers at the other parties. So, the truck accident team at Georgia Auto Law will step in and find out who is truly at-fault and then make sure they are held accountable.
Will I have to file a lawsuit in my truck accident case?
Unfortunately, truck insurance companies usually try to say that they are not responsible for the truck accident and try not to pay any compensation at all. So, it is often necessary to file a lawsuit in order to show them that we are willing to fight them in court and make sure they are held accountable.
Can a truck accident lead to a wrongful death case?
The sad truth is that many truck accidents are so severe that the victim dies in the crash. When this happens, a family member may be able to bring the claim on behalf of the loved one that they lost. In a wrongful death case, the family can recover compensation for their loss. A truck accident attorney can help the family members recover economic damages, pain and suffering, loss of companionship, loss of love, and punitive damages.
Our truck accident specialists at Georgia Auto Law work closely with the family during this difficult time to make sure they have everything they need. We stand by you, always.
What will the trucking company and truck insurance company do after the truck accident?
The simple answer to this is that they will move fast. After the crash, the trucking company and the truck insurance company will send specialized teams out to the scene and begin an immediate investigation. Sometimes, these teams will be on scene within an hour of a truck accident in Georgia, if not even sooner. Many truck insurance companies will even have the defense lawyer out on the scene the same day as the truck crash. They will speak with the actual police officers who are conducting their investigation in real time, and they can even have an impact on what the police officer puts in the accident report.
These truck insurance defense teams will record statements from witnesses, take extensive photos and video of the entire truck crash scene, and they will deeply examine all vehicles involved. That means that they are already one step ahead from the beginning. We have even seen truck insurance company defense lawyers trying to speak to injured victims in the hospital right after the truck crash.
Once you have made the decision to have Georgia Auto Law on your side, we immediately get to work and examine every part of your case. We find and speak with the witnesses, interview the police officers, and our team goes out to the scene of the truck crash to conduct our own investigation.
How will my truck accident lawyer at Georgia Auto Law help me?
From the first call, our job is to make your life easier in this difficult time. At Georgia Auto Law, our truck accident lawyers are highly specialized in truck accident cases. We know all of the tricks and tactics that truck insurance companies use to take advantage of injured victims. We have seen it all. So, we use our experience with experts and investigators to make sure we investigate every single aspect of the truck accident.
We also move very quickly (same day) to make sure that we contact the truck company and insurance company to make sure all evidence is preserved. We send a spoliation letter to all parties that requires them to protect and keep all critical evidence. After they receive our letter, they are legally required to keep all of these records and documents. This could include driver hours logs, truck black box information, and drug/alcohol test information.
Truck companies often try to destroy this crucial information, so the team at Georgia Auto Law steps in and make sure it is protected.
How do I prove negligence in my truck accident case?
If you or a loved one have been injured or killed in a commercial truck accident, you will have to prove negligence by the truck driver and any other responsible parties. To prove negligence, your truck accident lawyer will determine the truck driver’s duty of care and show that the driver breached that duty. Some of the ways a truck driver can be negligent are texting while driving, running a red light, speeding, running a stop sign, falling asleep at the wheel, and driving while intoxicated.
There are many regulations that apply to truck drivers and trucking companies. For a full version of all of the regulations, please click here.
What kind of compensation is available after a truck accident?
A truck accident is a personal injury claim, so you can recover compensation in two different categories: economic and non-economic.
Economic damages in a truck accident are things that are linked to a specific cost such as:
- Medical expenses: This includes emergency room and hospital bills, surgery, medical devices, physical therapy, and all medical treatment.
- Lost Wages: Compensation for the money the injured victim has lost from being unable to work.
- Lost Earning Capacity: If the injured victim is unable to work in the future, they can recover for their decreased ability to earn a living in the future.
Non-economic damages are available to compensate a truck accident victim or their family for things that do not have a specific price or cost. These are “intangible” harms and losses that include:
- Pain and Suffering: This includes the physical pain from injuries. The severity of the injuries, the severity of the pain, and the duration of the pain will be part of the calculation. The length of time the victim is expected to suffer will also be part of the calculation.
- Mental anguish: Victims of truck accidents can recover compensation for the mental and emotional trauma from the truck accident. This includes fear, anxiety, worry, and emotional distress stemming from the accident.
- Loss of Consortium: This is a category of compensation that goes to a spouse, parent, and minor children for the loss of services, aid, companionship, care, and assistance of a loved one.
Another category of damages are called “punitive damages”. Punitive damages can apply when the defendant’s conduct was so bad that it was willful, malicious, or reckless. These damages are designed to punish the defendant and prevent the bad behavior from happening again in the future.
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