Commercial truck accidents are some of the most devastating types of motor vehicle wrecks. Big rigs, tractor-trailers, and other types of commercial trucks are some of the most formidable vehicles on the roadways. Anyone colliding with one of these vehicles may be at increased risk of suffering catastrophic injury or death. When you have been injured and need an attorney, our Stockbridge truck accident lawyers at T. Madden & Associates, P.C. are here for you.
Our black-owned personal injury law firm has decades of experience advocating for our client’s rights and supporting our community’s needs. We will do everything possible to maximize your settlement and ensure liable parties are held accountable. In bringing the at-fault party to justice, you may be able to help prevent similar collisions from occurring in the future. When you are ready to take charge of your case, contact a dedicated Stockbridge truck accident lawyer to schedule a free, no-obligation consultation.
Who is Responsible for Your Truck Accident Injuries?
Your truck accident lawyer will be responsible for identifying the at-fault parties. Since Georgia is a tort state, liable parties are expected to compensate injury victims for their damages. However, commercial truck accident cases are unique as multiple parties often share responsibility for the collision. Here are some of the parties most frequently responsible for a serious truck accident:
Negligent Truck Drivers
In most cases, negligent truck drivers are responsible for causing collisions. Commercial driver’s license (CDL) holders are held to a higher standard than other motorists. This is because commercial trucks are significantly larger and heavier than traditional motor vehicles. Truck drivers are expected to operate their vehicles as safely as possible and must adhere to other requirements, including blood alcohol concentration levels not exceeding .04%. Some of the most common reasons truck drivers cause collisions include:
- Drunk driving
- Drugged driving
- Lack of experience
- Aggressive driving
- Fatigued driving
- Road rage
- Failure to check blind spots
- Making unlawful turns
- Failure to conduct necessary safety inspections
Trucking companies are responsible for the actions of their truck drivers and can be held accountable. Trucking companies sometimes encourage truckers to violate Federal Motor Carrier Safety Administration (FMCSA) rules and regulations, particularly those involving hours of service regulations.
Truck drivers are only legally allowed to work a limited number of hours and days in a row and must take time off between shifts. However, drivers sometimes violate these regulations which can ultimately lead to drowsy or distracted driving. Trucking companies are also negligent when they do not do their due diligence when hiring truck drivers. It is up to the trucking company to evaluate candidates’ driving histories and criminal histories and conduct drug testing. Failure to do so could be considered negligence and leave the trucking company open to liability.
Cargo loaders have a responsibility to ensure commercial trucks are loaded correctly and safely. When they fail to secure cargo within the trailer of the truck or overload the truck, the driver can lose control of the vehicle, causing overloaded trucks to roll over.
You may also have grounds for a personal injury claim against the government agencies and local municipalities responsible for ensuring road integrity, safety, and maintenance. Typically, the city of Stockbridge and the Georgia Department of Transportation are responsible for making road repairs and improvements. When safety hazards are reported to these agencies and they fail to address the complaints, they can be held accountable for the victim’s damages if an accident occurs. Our personal injury lawyers see this most often when road construction workers fail to properly secure work zones, when intersections lack sufficient crosswalks, bicycle lanes, or traffic lights, and in instances where large potholes remain despite repeated reports of accidents or severe injuries.
Other Third Parties
There are many other parties who could also share responsibility for your damages after a commercial truck accident. Your Stockbridge truck accident attorney will identify these parties by evaluating the cause of the collision. Some other parties who could share the blame include:
- Safety inspectors
- Motor vehicle technicians
- Motor vehicle dealerships
- Auto parts designers
- Auto parts manufacturers
- Auto parts distributors and retailers
- Government road construction workers
How to Maximize Your Financial Compensation With Help From a Proven Personal Injury Lawyer
If you are hoping to get the most out of your 18-wheeler accident claim, it is important to consider all opportunities for justice. Although you might hope to avoid bringing your case to trial, filing a claim with the insurance company may not always produce the results you are looking for. Insurance agencies are notoriously greedy. Teams of insurance adjusters comb through applications and claims looking for reasons to issue denials or make low settlement offers.
Further, insurance coverage only applies to specific types of covered losses. In many cases, insurance will only pay for a portion of your medical expenses and vehicle repair costs. Insurance does not cover most other types of economic damages and rarely covers any type of non-economic loss. However, you have the right to be made whole after an accident when someone else is responsible. Every economic and non-economic loss should be taken into consideration when we calculate the value of your claim. The damages you cannot recover through the insurance company can be recovered when you pursue your truck accident lawsuit in Stockbridge.
Your Truck Accident Claim Has a Deadline
Do not wait too long to get started on your truck accident case. Every state sets a limit for the maximum amount of time to file a lawsuit to ensure claims are filed in a timely manner. In Georgia, the statute of limitations for personal injury and truck accident claims is two years. This is a limited amount of time to build a powerful case against the liable party.
However, the sooner we get started the more likely it is we will have access to the evidence we need to support your case. Unfortunately, failing to file your lawsuit before time runs out will mean you are prohibited from pursuing your case any further. If you are filing a truck accident insurance claim, you must also follow the insurance company’s deadlines, which are often much more strict. In fact, some insurance companies only give injury victims up to 48 hours to file claims. Our truck accident attorneys will ensure your claim is filed well before the deadline so you preserve your right to maximum compensation.
The Value of Your Stockbridge Truck Accident Claim
Whether you are filing a claim with the insurance company or pursuing your case in court, you are entitled to reimbursement for every loss you have endured. Some of the most frequently demanded economic and non-economic damages available for Stockbridge truck accident victims include:
If you live paycheck to paycheck as so many Stockbridge residents do, missing even one paycheck could be financially catastrophic for your family. Your lost wages, tips, and earnings can all be recovered in your truck accident lawsuit. You will also be able to seek compensation for:
- Health insurance coverage
- Paid time off
- Sick leave
- Holiday pay
- Salary increases
- Contributions to your retirement savings
- Future potential income
Medical bills are some of the most costly expenses you can deal with after an accident. If you require a home health aide, expensive medical equipment and devices, or need accommodations to your home so you can leave the hospital, these costs can all be sought through your truck accident case. The liable party will also need to compensate you for your co-pays, ambulance bills, hospital stay, and future medical treatment.
Pain and Suffering Damages Your Experienced Truck Accident Lawyer Can Demand
Pain and suffering do not have a tangible financial value. However, because these losses are so profound and impactful, they should be taken into account. Pain and suffering can be emotional and physical. It can affect every aspect of your daily life and limit your ability to maintain close relationships with friends and family. This can be emotionally and physically draining and leave you feeling anxious or depressed which can dramatically reduce your quality of life.
Connect With Our Top-Rated Truck Accident Attorneys in Stockbridge Today
Whether you are recuperating after a spinal cord injury, broken bone, traumatic brain injury, or any other type of serious injury, the last thing you want to deal with is complex legal issues. Fortunately, you do not need to take on your case alone. This is a time when you should be recuperating from your injuries.
Let a reputable Stockbridge personal injury attorney from T. Madden & Associates, P.C. fight for your right to maximum compensation. Whether the truck driver, trucking company or another third party is to blame, we will build a powerful case against them and ensure they compensate you to the fullest extent of the law. Take back control of your life. Complete our quick contact form or call a dedicated truck accident lawyer to schedule a free, no-obligation consultation as soon as today.