Aggressive Jonesboro Truck Accident Attorneys
The Jonesboro truck accident lawyers at T. Madden and Associates, P.C. are sympathetic to your cause and are there to fight for your rights if you have been injured in a truck or semi-truck accident. Call us for a free case evaluation with no obligation.
Trusted Truck Accident Attorneys Serving the People of Jonesboro, GA
Jonesboro, Georgia, site of the historic Battle of Jonesborough, Stately Oaks Plantation and many of the scenes from Smokey and the Bandit, is the heart of Clayton County. As part of Metro Atlanta, it is well-served by state and national highways. Along with the conveniences that come from proximity to Atlanta, however, come traffic accidents.
18-Wheeler accidents are among the most dangerous of all traffic accidents, especially when they occur on high-speed highways such as Interstate 75. It is tragic when an accident results in serious injury or even death. It is even worse to discover that the accident wouldn’t have happened but for another driver’s carelessness. The lawyers at T. Madden & Associates, P.C.want to help those who were injured in an 18-wheeler accident. The pain, suffering, and financial hardship is overwhelming enough. Let us help you fight for your rights and receive the compensation you deserve. Our attorneys are dedicated, compassionate, and give each client personal attention. If you think you cannot afford a lawyer – we want to help you. Our consultation is free of charge. If you don’t win, you owe us nothing. You have nothing to lose when you hire T. Madden & Associated. We are here to fight for injured victims and help those in need.
Don’t Trust the Insurance Company
Most successful truck crash claims are paid by insurance companies. Although their advertising campaigns may be designed to portray them as sympathetic friends who are there when you need them, the reality is that they are businesses like any other, and they will go bankrupt unless they make a profit.
Insurance adjusters are typically master negotiators, with only one goal — to reduce or eliminate the value of your truck accident claim and thereby save money for their employer. These people will smile to themselves if they hear that you have not retained a personal injury attorney to represent you.
By the way, they don’t like our Jonesboro trucking accident lawyers very much — for reasons we fully understand.
Our Interests are in Harmony With Yours
Unlike insurance companies, which lose a dollar in profit for every dollar they pay on your claim, our interests are in harmony with yours. Our fee is calculated as a percentage of the amount we eventually bring home for you — and if we bring home nothing, you owe us nothing. We only win if you do too — and in the unlikely event that you lose, we lose with you. Our Jonesboro truck accident attorneys have your interest at heart.
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
Our Other Areas of Practice
At T. Madden & Associates, we practice all forms of personal injury law, including:
Frequently Asked Questions (FAQs)
Do I have to prove my case “beyond a reasonable doubt”?
No. “Beyond a reasonable doubt” is the standard for a criminal prosecution, not a civil lawsuit. The civil standard is “preponderance of the evidence.” This means that you have to prove each element of the offense under a “more likely than not” standard – something like a 51 percent likelihood.
What are the “elements” of a personal injury claim that I have to prove in order to win?
You have to prove four elements in order to win:
- Duty – The defendant owed you a duty. In a truck accident, for example, the defendant had a duty to drive carefully.
- Breach – The defendant breached his duty to you (he didn’t drive carefully, for example).
- Causation – The defendant’s breach of duty actually caused the accident and the damages stemmed from the accident.
- Damages – You suffered harm as a result of the accident. Damages include pain & suffering, medical specials, and lost wages; amongst others.
What happens if the truck driver’s insurance isn’t enough to cover my claim?
This isn’t very likely – commercial truckers are required to carry insurance ranging from $300,000 to $5,000,000, depending on the cargo and other factors. Depending on the facts of the accident; however, there are a variety of possible alternative defendants, including:
- The trucking company
- The company that loaded the cargo
- The manufacturer or distributor of a faulty truck component (brake drums, for example)
- The government responsible for maintaining the roads if road conditions contributed to the accident
- The owners of the truck and/or trailer
What kinds of damages might I be eligible for?
Georgia personal injury law recognizes three main types of damages:
- Economic damages such as medical bills and lost wages;
- Non-economic damages such as pain and suffering and other psychological damages; and
- Punitive damages, an extra amount that is awarded once in a while if a defendant’s conduct was particularly outrageous.
If you are not sure if your damage classifies under any of the above categories, consult with our Jonesboro truck accident attorney and find out.
Is the trucking company automatically liable for the negligence of its driver?
It depends. Although employees are generally liable for the on-duty negligence of their employees, most commercial truckers are not considered employees of the trucking companies that hire them. Instead, they are considered independent contractors. A trucking company is not liable for an accident involving its independent contractor unless the accident can be traced to its own negligence.
Can I win a claim against an airbag manufacturer if they failed to deploy during the accident?
This is possible if the airbags can be shown to contain:
- A design defect;
- A manufacturing defect; or
- A warning defect (inadequate product warnings).
Additionally, the defect must have rendered the airbags unreasonably dangerous, and this danger must have caused the harm done to you. Of course, under these circumstances, the airbag manufacturer will not be liable for the accident itself, but only for the extent to which your injuries were worsened due to the malfunctioning of the airbags. An experienced Jonesboro truck accident lawyer will be able to help you with you specific case.
What is a commercial truck’s ‘black box’?
A truck’s “black box”, or Event Data Recorder, is a simpler version of the black box that is contained in commercial jets. It records data such as “hard braking events” that might be useful as evidence in a lawsuit.
Should I Fight or Settle?
That depends on the facts of your case as well as your individual priorities. In many cases, the answer to this question is “both” because filing a lawsuit is a time-tested way to trigger a generous settlement offer from the opposing party. Statistically, the great majority of truck accident claims are resolved by settlement with no trial necessary.
What steps should I take after a truck accident?
To the extent that your injuries allow, you should take the following steps:
- Seek medical attention immediately; even if, for no other reason, than to confirm your injuries for evidentiary purposes.
- Report the accident to your insurance company. Don’t give any details unless your lawyer approves.
- File an accident report with the police.
- Take photos of your vehicle, your injuries, and the scene of the accident.
- Don’t speak with the defendant’s insurance company and don’t sign anything they ask you to sign.
- Stop using social media while your claim is pending.
- Contact a Jonesboro truck accident attorney as soon as possible.
How much bodily injury liability insurance are commercial truckers required to carry?
The legal requirement varies from $300,000 to $5,000,000, depending on the type of cargo carried. In most cases, however, the shipper or the broker will require the trucker to carry at least $1,000,000 in bodily injury liability insurance.
Who are the possible defendants in a truck accident lawsuit?
Depending on the circumstance, you might be able to collect from:
- The truck driver
- The truck owner
- The driver’s employer
- The owner of the trucking company
- The manufacturer of the truck or any of its parts
- A truck maintenance company that serviced the truck
- A state or city government that created dangerous road conditions
What kind of tricks do insurance companies like to play on accident victims to avoid paying?
Insurance companies have a thousand tricks up their sleeve. Some of the most common include:
- Tempting you with a quick, lowball settlement offer while you are still in the hospital and haven’t had time to consult with a lawyer.
- Spying on your social media accounts for evidence that makes it look like your injuries weren’t all that serious. (Beware of friend requests from strangers during this period!)
- Issuing a “take it or leave it” settlement offer with an arbitrary deadline for your approval.
- Convincing you that you don’t need a lawyer.
Our Jonesboro truck accident lawyers know all their tricks, and we don’t fall for them.
Are truck drivers subject to special regulations?
The Federal Motor Carrier Safety Administration (FMCSA) governs commercial trucking throughout the United States, to which end it has enacted the FMCSA trucking regulations. Trucking is a highly regulated industry, and truckers are subject to numerous restrictions, including even personal habits such as a minimum number of hours of rest. Violation of a trucking regulation can form the basis of a claim if it was causally related to the accident.
How are truck accidents different from auto accidents?
18-wheeler and semi-truck accidents tend to be different from auto accidents for several reasons:
- Damages tend to be catastrophic because of the size of the truck.
- Truckers tend to carry more insurance than ordinary motorists do.
- Truckers are highly regulated at the federal level.
Although none of these reasons are unique to truck accidents, they are more common when an accident involves a truck.
Is there any way for an accident claim to be maintained if the victim died in the accident?
Yes. In Georgia, depending on the circumstances, various close relatives or the personal representative of the victim’s probate estate may file a wrongful death claim on behalf of the victim’s next of kin. The victim’s spouse (if he was married) has priority in filing a claim and must receive at least one-third of the total damages. Damages awards can be very high.
Can I file claims against both the driver who injured me and the doctor who treated me?
Yes. You can file an automobile accident personal injury claim against the trucker and a medical malpractice claim against the doctor. You are only entitled to one recovery, of course, but the amount of this recovery can be split between the truck driver and the doctor in proportion to the damages they caused.
Can I still win damages even if the accident was partly my fault?
Yes, as long as the accident was less than 50 percent your fault. A court will assign a percentage of fault to each party in the accident. If your percentage of fault is below 50 percent, your damages will be discounted in exact proportion to your percentage of fault. Consult with one of our dedicated Jonesboro truck accident lawyers to find out how likely it is to win in your personal case.
Are my secrets safe with you?
Absolutely. As personal injury lawyers, we are bound by a code of professional ethics that forbids us from revealing anything you tell us in confidence. We would even be obligated to refuse a court order to reveal client secrets; we wouldn’t reveal them, even if we could.
If you have been injured in a Jonesboro 18-wheeler or semi-truck accident, call us at 770-756-9311 to speak with our Jonesboro truck accident lawyers (Jonesboro or elsewhere in Metro Atlanta) or 706-524-7784 (Augusta). We can also be reached by email at firstname.lastname@example.org or through our online contact page. Contact us today for a free case evaluation so that we can answer your questions and discuss your options.