Aggressive Atlanta Truck Accident Attorneys Ready To Help You
The most serious truck accidents typically occur on interstate highways, and Atlanta, GA has plenty of them – I-75, I-85, and I-285, for example. Even local thoroughfares, such as Metropolitan Parkway, see their share of truck accidents. 18-wheelers, in particular, can cause extensive damage, because they weigh in at around 80,000 pounds. If you were injured in a truck accident in Atlanta, reach out to our Atlanta truck accident attorneys.
Our Attorneys Turn Claims into Cash
Although a truck accident claim is an abstract legal concept, cash is something you can put in your pocket — and our job is to turn your claim into cash. It’s not magic that makes that happen – it’s hard work combined with an intimate knowledge of the Atlanta injury compensation system. Let our trusted Atlanta truck accident lawyer handle your case.
Most Truck Accident Claims are Based on Negligence
The most common causes of truck crash accidents in Georgia include:
- Speeding;
- Driving while fatigued;
- Texting while driving, or other forms of distracted driving;
- Driving while intoxicated;
- Inadequate driver training;
- Improper loading of cargo; or
- Insufficient vehicle inspections and maintenance.
Truckers are subject to a host of state and federal regulations, the violation of which can be used as a basis of liability if the violation caused the accident. This reality can make a truck accident claim easier to win than an automobile accident claim. Allow our knowledgeable Atlanta truck accident lawyers to help you win your case.
You Need a Lawyer, Even If You Plan to Settle out of Court
It is true that most truck accident claims are settled out of court – but for how much? Insurance companies negotiate accident claims for a living, and they know all the tricks. They love it when claimants represent themselves because these claimants either lose or walk away with less than what their claim is worth. Their attitude tends to change dramatically once they hear you are being represented by T. Madden & Associates, P.C. because our Atlanta truck accident attorneys know all their tricks.
How Our Lawyers Can Help with Your Case
Truck accident victims who have attorney representation take home far more compensation, on average, than people who try to represent themselves. The reason for this is that pursuing a claim is a lot like playing poker—it’s not just the hand you are dealt but how you play it that matters. Following are some of the ways that an Atlanta truck accident attorney can help you.
Determine Your Claim’s True Value
Many injured people have no idea how much their claim is worth, and insurance companies take advantage of this. That’s OK, because we know how much your claim is worth, and nobody takes advantage of our clients.
Help You File a Lawsuit Complaint
A complaint is a legal document that must be drafted in a certain manner. A single misplaced phrase, unfortunately, can ruin your claim. Our legal team, however, has drafted thousands of successful complaints.
Negotiate a Private Settlement on Your Behalf
Insurance adjusters are professional negotiators, and if you try to negotiate with one without experience, you might feel like a gladiator facing a lion. At T. Madden & Associates, P.C., however, our Atlanta truck accident lawyers have years of experience negotiating claims.
Win at Trial If Necessary
Although most of our client’s claims are settled privately, the ironic reason for this is that whenever we do go to trial, we are typically so successful, that insurance companies would rather face us at the negotiating table than in court.
Client Testimonial
I was represented by T. Madden and Nicholas Schnyder in my car accident case. They and their staff were very professional, willing to answer any and all of my concerns. If they were not available, I would receive a call back in a timely manner. I am very satisfied with how my case came out and I would highly recommend their services.
— Sawida Gladney, February 5, 2016
Other Kinds of Cases We Handle
At T. Madden & Associates, P.C., we practice all forms of injury legal matters, including:
- Medical Negligence and Malpractice: Doctors make mistakes too, and that reality is terrifying, especially when a doctor’s mistake can kill you. Not all medical mistakes constitute malpractice, but when a doctor’s conduct falls below the accepted professional standard of care, a medical malpractice claim arises.
- Slip and Fall Accidents: Slip and fall accidents kill and injure hundreds of thousands of people every year, and the elderly are particularly vulnerable. Although not all slip and fall claims are somebody’s fault, when a claim does arise, it is usually because a property owner failed to keep his property safe for guests.
- Negligent Security: Some establishments are obligated to provide security for their guests. Property owners are obligated to protect their guests from foreseeable harm, and when their failure to do so results in harm to you, you are entitled to compensation.
- Wrongful Death: Wrongful death is not the same as a homicide. Homicide refers to the criminal aspect of killing. Wrongful death refers to the obligation to financially compensate the family members and the probate estate of the victim. You can sue for wrongful death even if the accident results in no criminal charges filed against the defendant.
- Auto Crash Accidents: Auto accidents result in more injury claims than any other type of accident. There are many ways to recover compensation against a negligent driver or their insurance company, and it may be possible to file a claim against more than one defendant as well.
- DUI Accidents: A DUI accident can result in both criminal charges and civil liability for an intoxicated driver. Additionally, under certain circumstances, the victim can even file a claim against a bar or nightclub that served alcohol to the driver.
- Dog Attacks: A dog attack can not only cause serious injury or death, but it can also cause lifelong emotional scars, especially if the victim is a child. Georgia law holds negligent dog owners liable for damages inflicted by their dogs.
- Motorcycle Accidents: Your mother was right – motorcycles are indeed dangerous. But that doesn’t mean it’s your fault when you suffer an injury caused by a careless motorist who turned left in front of you, for example, or ran you off the road because he didn’t even see you.
- Nursing Home Negligence and Abuse: Nursing home abuse includes both active abuse and neglect. Both the offending employee and the nursing home itself can be held liable.
Frequently Asked Questions (FAQs)
Is a shipping company liable for the negligence of the truck driver?
Not necessarily. Automatic liability only follows if the driver is an employee of the company they work for – and most commercial truck drivers are not. Instead, they are considered “independent contractors” who are solely responsible for the consequences of their own wrongful behavior. That usually doesn’t matter, because commercial truckers are required by law to be heavily insured. Nevertheless, a shipping company can be held liable for its own negligence.
What is the difference between a typical truck accident and a typical auto accident?
In a truck accident:
- It is more likely that there will be more than one defendant (the driver, the trucking company, etc.).
- Compensation claims tend to be higher because of the incredible destructive power of a moving truck.
- Insurance claim limits for truckers are much higher than for non-commercial motorists, meaning that it is highly unlikely that the driver’s insurance company will be unable to pay your claim.
- A truck accident claim can be brought to federal court because of the federal government’s regulation of commercial trucking.
- A truck driver must hold a Commercial Driver’s License (CDL), which imposes harsher restrictions than ordinary drivers’ licenses do.
- Truck collision accident cases tend to be more complex than ordinary traffic accident cases because of the multitude of regulations that apply to commercial truckers.
Can I file a claim against an establishment that sold alcohol to the truck driver prior to the accident?
Perhaps. Under certain circumstances, you can file a claim under Georgia’s dram shop law. A bar or nightclub, for example, can be held liable for serving alcohol to a visibly intoxicated person if that person subsequently causes an accident. It can also be held liable for an accident caused by a minor (under 21) who was served by the bar or nightclub without checking their ID.
Can I file a claim against a social host who provided alcohol to the truck driver prior to the accident?
A private social host can also be held liable for an accident caused by anyone the host served who was under 21 or who intended to drive after consuming the alcohol that was served.
Georgia’s dram shop law was designed to help injured victims receive full compensation if the perpetrator of the accident does not have enough insurance coverage to pay the entire claim.
What is a truck’s “black box”?
A truck’s “black box”, or Electronic Control Module, works something like a black box in an airplane. It provides certain data on the accident that can be used as evidence in an injury claim. Sometimes, the data provided by a black box is decisive in determining the fault for the accident.
When should I file a lawsuit after a Georgia truck accident?
In general, you have two years from the date of the accident or, if the victim died, two years from the date of the victim’s death to file a formal lawsuit. This won’t matter if you can settle the claim within two years. But if you miss the deadline without initiating a lawsuit, you will probably receive nothing (certain limited exceptions to this rule exist, however).
Unless the two-year statute of limitations deadline is looming, don’t file a lawsuit before you are prepared for the case (an investigation may need to be conducted to gather evidence). On the other hand, don’t let the other side lull you into missing the deadline, because you can still settle out of court, even after filing a lawsuit.
How long does it take to receive a settlement after a truck accident in Atlanta?
Ultimately, the amount of time you must wait for your settlement depends on three factors: liability, state laws, and the severity of your injuries. For this reason, it may take anywhere from just a few months to a couple of years to receive a settlement, even with the help of an Atlanta truck accident attorney.
Under O.C.G.A. § 51-12-33, a claimant may pursue compensation as long as they are less than 50% responsible for their injuries. For this reason, the insurance company may be less inclined to negotiate a settlement if you share a majority of liability in the crash. Depending on the circumstances, the insurance company might even blame the claimant for the accident, even if they’re only partially at fault.
The seriousness of your injuries also plays a major role in the settlement timing for a truck accident. Claims involving injuries with lifelong complications often take longer to settle than those with relatively minor injuries. This is usually the result of a stubborn insurance company devoting much of its legal resources to limiting a claim. At T. Madden & Associates, our Atlanta truck accident attorneys know the different ways insurance companies try to delay a claim.
Call Our Experienced Atlanta Truck Accident Lawyers Today
In case you were wondering, as long as you have a strong claim, there is no such thing as being unable to afford us. Since we win the vast majority of our client’s claims, we can afford to offer you our “no win, no-cost” guarantee. This is not a money-back guarantee. It’s a guarantee that you will never have to pay us any money in the first place until and unless we win your claim.
Contact T. Madden & Associates, P.C. today and speak with our proven Atlanta truck accident lawyers. We can be reached by telephone, by email at tmadden@tmaddenlaw.com, or through our online contact page. We can set up a free, confidential case consultation to listen to your story and evaluate your claim. We serve truck accident clients in Castleberry Hill, Lakewood Heights, Polar Rock, and other communities in Atlanta. We also take cases elsewhere in Georgia and the US.