McDonough Truck Accident Lawyer

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Have you recently suffered serious injuries in a commercial truck accident? Are you having trouble covering your costs? Has the accident taken a toll on your life? If so, you may be entitled to financial compensation. The experienced personal injury attorneys at T. Madden & Associates, P.C. are here to help you get compensation for your suffering. 

While the consequences of your injuries may be substantial, there is no reason they need to affect you for the rest of your life. A skilled McDonough truck accident lawyer from our firm can help you find who is responsible for causing the accident and hold them accountable. 

Learn more about Georgia’s semi-truck accident claims process and how to maximize your payout when you contact our office to request a free consultation.

Photo of a Rolled-over Truck

Holding the Liable Party Accountable After a Truck Accident in McDonough 

Holding the at-fault party accountable will be one of our top priorities. Under Georgia law, liable parties should compensate victims for their damages. Fortunately, several potential legal options may be available to you based on the circumstances of your case.

File a Claim Against The Other Driver’s Insurance Company

One of the most common ways to start a truck accident case is by filing a personal injury claim against the at-fault party’s insurer. You can file a claim against the negligent truck driver or the trucking company that employs the driver. In most truck accident cases, the liable party will have some type of insurance coverage, whether that is auto insurance coverage or general liability insurance coverage. 

However, just because you file a claim with the insurance company does not mean they will settle your claim fairly. Many insurance providers are only motivated by profits. 

They have entire teams of insurance adjusters looking for reasons to issue denials or pay claimants less than they deserve. 

That is why it is always a good idea to have your truck accident attorney negotiate with the insurance company on your behalf. If the insurance company has questions about the accident, direct them to your personal injury lawyer. You do not want to say something that could be used against you to reduce your settlement.

File an Insurance Claim Against Your Personal No-Fault Policy

You may be able to file a claim against your personal insurance policy if you have no fault protection coverage. However, it may not be in your best interests to file a claim against your personal auto insurance policy. When it is time for your policy to renew, the insurance company is going to examine your payment and claim history. 

If you have filed a claim, you can expect the insurance company to increase the amount you pay in premiums. This increase in your auto insurance coverage is an expense you should not have to cover when someone else is responsible for causing your accident.

File a Personal Injury Lawsuit

When the at-fault party does not have insurance coverage or the amount the insurance company is willing to settle for does not come close to meeting your needs, consider moving forward with a personal injury lawsuit. 

Filing a claim in civil court is the best way to recoup your damages in full. You have the right to be made whole when you go to trial, so you do not have to worry about being forced into accepting a settlement that is less than you deserve. 

You are also not faced with the same limitations that come with insurance claims. Insurance companies usually only offer coverage for medical expenses and property damage. 

However, you likely have many other economic and non-economic damages that need to be accounted for. At trial, you have the best chance of obtaining the compensation you are entitled to.

Big Truck Accident with a Lot of Damage

How Much Your Truck Accident Damages Could Be Worth

Our truck accident attorneys will closely evaluate your damages to ensure they seek the right amount of compensation. Economic damages have bills and receipts related to them. However, non-economic damages do not have an inherent financial value, but they are usually worth more than economic damages. 

Being made whole simply means you should be reimbursed for every single way you have been impacted by the accident and the injuries you suffered. 

Here are some of the most common types of damages victims can receive compensation for after a collision:

Medical Bills

The cost of healthcare in the United States is exorbitantly high if you have suffered traumatic brain injuries, spinal cord injuries, or another serious injury in a collision with a large commercial truck.

These costs should not fall on your shoulders. Some of the medical expenses the insurance company of the liable party may be expected to cover include:

  • Mental health counseling costs
  • Cost of medical equipment and devices
  • Prescription drug costs
  • Out-of-pocket expenses, such as co-pays
  • Increases to your health insurance coverage
  • Physical and occupational therapy expenses
  • Diagnostic testing fees
  • Your ambulance trip 
  • Reconstructive surgery expenses
  • Continued medical treatment
  • Future medical expenses
  • Home accommodations

Pain and Suffering

Pain and suffering does not have a fixed monetary value. The impact pain and suffering can have on each truck accident victim’s life varies. However, since pain and suffering can turn a victim’s life upside down, it is important to ensure your personal injury attorney accurately calculates the value of those losses. 

Some examples of pain and suffering damages include mental anguish, disfigurement, permanent disability, reduced quality of life, and scarring.

Lost Wages

Taking time off work after a commercial truck accident is common. Fortunately, the income you lost can be recovered through your truck accident lawsuit. You can also be reimbursed for:

  • Loss of employee health insurance coverage
  • Loss of potential salary increases
  • Loss of 401(k) or other retirement savings contributions
  • Loss of paid time off
  • Diminished earning capacity

Property Damage

Big rigs and tractor-trailers are some of the biggest motor vehicles on the roadways. Your vehicle could get totaled after being involved in a collision with a commercial truck. 

However, even if it is not totaled, you should be able to recover compensation for the diminished value of your vehicle after a collision. 

The liable party will also be expected to cover the costs of your rental car or rideshare, expenses related to purchasing a new vehicle or making repairs to your existing vehicle, and any personal property that may have been damaged in the accident, such as your cellphone.

Georgia Personal Injury Laws Affecting Your McDonough Truck Accident Case

Several personal injury laws in the state of Georgia could influence the outcome of your McDonough truck accident case. Some of the most important laws you need to be aware of are those involving shared fault, the statute of limitations, and federal trucking regulations.

Shared Fault in McDonough Truck Accidents

Georgia follows modified comparative negligence laws. Liable parties will often blame injury victims for the accident because shared fault laws can reduce settlements or prohibit victims from recovering the compensation they would have otherwise deserved. Your truck accident lawyers will be prepared to challenge the defense’s allegations that you are partially responsible. 

If your portion of blame exceeds the state’s limit, you will be prohibited from pursuing your case at trial. If your portion of liability is less than the legal limit, you can be awarded compensation for your losses at a reduced rate that is proportionate to your percentage of liability. 

For instance, if you were 15% at fault, you could expect to be awarded only 85% of your settlement.

Photo of Frontal Impact Between a Car and Truck

Statute of Limitations for Truck Accidents in McDonough

Georgia’s statute of limitations is clear. You have two years from the accident date to file your truck accident claim. If your lawsuit is not filed before the statute of limitations deadline expires, you will no longer have the right to present your case before a judge and jury

Federal Trucking Regulations

The Federal Motor Carrier Safety Administration (FMCSA) is responsible for overseeing the safety and operation of commercial trucks across the country. Trucking companies sometimes violate FMCSA rules and regulations to further their financial goals. 

Many commercial trucking accidents are caused by drowsy driving, initiated by truck drivers who violate FMCSA hours of service rules to make their deliveries on time.

Get Help From a High-Powered, Black-Owned Truck Accident Law Firm Today

After everything you have been through, the emotional and financial toll of the accident can make it feel as though the weight of the world is on your shoulders. However, we are here to ease that burden and help you pick up the pieces of your life. Our highly qualified, black-owned personal injury law firm will prioritize your needs and do everything possible to maximize your settlement. 

T. Madden & Associates, P.C. proudly serves the McDonough community and surrounding cities. When you are ready to regain control of your future, but are unsure of where to get started, do not hesitate to contact an experienced truck accident attorney at our firm for help. 

We offer free, no-obligation consultations to injury victims across the state of Georgia. Claim yours by calling our office or completing our online contact form today.