Trucking accidents frequently occur when truck drivers violate road rules or trucking companies violate motor carrier regulations. If you suffered injuries in an accident that involved a large truck, it’s important that you retain an experienced truck accident attorney as soon as possible. Your lawyer can file a claim with the appropriate insurance company and negotiate aggressively for the fair compensation you deserve. Moreover, if the insurance company refuses to compensate you fairly, your Atlanta truck accident attorney can file a lawsuit on your behalf and pursue a favorable resolution in the court system.
How do Truck Drivers and Trucking Companies Cause Accidents?
Negligent truck drivers and trucking companies can cause accidents in various ways. In some situations, these accidents lead to severe or fatal injuries.
- First, negligent truck drivers often cause accidents due to distracted driving. This can include using a cell phone, eating, or adjusting the radio while driving. When a truck driver takes their eyes off the road, even for a few seconds, they can miss crucial changes in traffic conditions, leading to rear-end collisions or sideswipe accidents.
- Another common cause of accidents is truck driver fatigue. Truck drivers often have long shifts and may drive for hours on end without adequate rest. Fatigue slows reaction times and affects judgment, increasing the risk of accidents. Fatigued drivers are more likely to drift out of their lanes or fail to brake in time to avoid collisions, resulting in head-on crashes or rollovers.
- Speeding is another critical factor. Truck drivers who exceed speed limits have less time to react to traffic changes and may be unable to stop their heavy vehicles in time to avoid accidents. Speeding trucks can cause severe accidents, especially in bad weather or heavy traffic. The effect of a speeding truck can result in multi-vehicle pileups, causing widespread damage and injuries.
- Improperly loaded or overloaded trucks also pose significant risks. If cargo is not secured correctly, it can shift during transit, causing the truck to become unbalanced and leading to rollovers or jackknife accidents. Overloaded trucks are also harder to control and more prone to brake failure, contributing to catastrophic accidents.
Negligent trucking companies also play a role in causing accidents. Some companies may ignore maintenance schedules, leading to mechanical failures such as brake or tire blowouts. Inadequate maintenance can result in a loss of vehicle control, causing accidents.
Additionally, some trucking companies push their drivers to meet unrealistic deadlines, encouraging speeding and cutting corners on safety regulations. They may also fail to provide proper training, resulting in inexperienced drivers on the road who are not equipped to handle the complexities of operating large trucks safely.
If you suffered injuries in one of these types of truck accidents, an experienced truck accident attorney will thoroughly investigate the accident circumstances and take the appropriate legal steps on your behalf.
What Happens During a Truck Accident Claim?
When a truck accident occurs, filing a claim is a crucial step to seek compensation for damages and injuries. The process involves several stages, each requiring careful attention and documentation.
- First, immediately after the accident, it’s essential to gather as much evidence as possible. If the police are called to the scene, they will create an accident report, which is a key piece of evidence.
- Next, victims should seek ongoing treatment for their injuries. Medical records will be necessary to prove the extent of injuries and the need for treatment. Keeping a detailed record of all medical expenses and treatments is also crucial.
- After notifying the insurance company, an investigation will begin. Insurance adjusters will review the accident report, photos, medical records, and witness statements. They may also inspect the vehicles and accident scene. In some cases, accident reconstruction experts may be brought in to determine the exact cause of the accident.
- During the investigation, it’s advisable to consult with a skilled truck accident attorney – especially in cases involving serious injuries or significant property damage. An attorney can help you navigate the claim, negotiate with insurance companies, and ensure that your rights are protected.
- Following an investigation, the insurance companies will make a determination of liability. If the truck driver or trucking company is found to be at fault, their insurer may offer a settlement. This settlement should cover medical expenses, property damage, lost income, and pain and suffering. It’s important to review any settlement offers carefully, as initial offers may be lower than what you are entitled to receive.
- If the settlement offer is insufficient, negotiations can continue. A knowledgeable truck accident lawyer can be instrumental in negotiating a fair settlement. If a satisfactory agreement cannot be reached, the case may proceed to court. In a lawsuit, the judge or jury will determine the outcome and the amount of compensation to award.
What Happens After Filing a Lawsuit in a Truck Accident Case?
A truck accident lawsuit may be necessary if the insurance company denies fault for the accident or refuses to offer sufficient settlement compensation. After filing a lawsuit in a truck accident case, the legal process unfolds in several key stages. Here’s what typically happens:
- Initial Pleadings – First, the plaintiff (the truck accident victim who files the lawsuit) submits a complaint to the court. This document outlines the details of the accident, the injuries sustained, and the damages being sought. The defendant (the at-fault truck driver or trucking company) is then served with a copy of the complaint and has a set period – usually 30 days – to respond with an answer. In their answer, the defendant may admit or deny the allegations and possibly raise defenses or counterclaims.
- Discovery Phase – Once the initial pleadings are completed, the discovery phase begins. This is a critical part of the lawsuit, where both parties gather evidence to support their claims and defenses. Discovery includes written questions (interrogatories), requests for documents, and depositions (sworn statements taken in front of a court reporter). During depositions, witnesses, including the plaintiff, defendant, and any experts, provide testimony that can be used in court. This phase can be lengthy, often lasting several months to over a year.
- Pre-Trial Motions and Settlement Negotiations – After discovery, both sides may file pre-trial motions. These can include motions to dismiss the case, motions for summary judgment (asking the court to rule in their favor without a trial), or motions to exclude certain evidence. Settlement negotiations are also common during this time. Many truck accident cases are resolved through settlements before reaching trial. Settlements can occur at any point during the lawsuit process, often after discovery when both sides have a clear understanding of the strengths and weaknesses of their case.
- Trial – If the case does not settle, it proceeds to trial. During the trial, both sides present their evidence and arguments to a judge or jury. The plaintiff must prove that the defendant was negligent and that this negligence caused the accident and resulting injuries. Witnesses may be called to testify, and both sides will make opening and closing statements. The jury (or judge in a bench trial) then deliberates and renders a verdict. If the plaintiff wins, the jury will also determine the amount of compensation to be awarded.
Throughout this entire process, skilled legal representation from a qualified Atlanta truck accident attorney is crucial. Truck accident cases are complex, often involving multiple parties and significant damages, so having an experienced lawyer on your side can greatly influence the outcome of your case.
Physical and Mental Injuries in Truck Crashes
Truck crashes often result in severe physical and mental injuries due to the sheer size and weight of the vehicles involved. These injuries can have long-lasting effects on victims’ lives. Here are some of the most common physical and mental injuries experienced in truck accidents:
Physical Injuries
- Traumatic Brain Injuries (TBIs) – TBIs occur when the head suffers a severe impact, causing the brain to move within the skull. Symptoms range from concussions to severe brain damage, potentially resulting in long-term cognitive impairment, memory loss, and changes in personality.
- Spinal Cord Injuries – Damage to the spinal cord can lead to partial or complete paralysis. These injuries are often permanent and can severely affect an individual’s mobility, requiring long-term medical care and rehabilitation.
- Broken Bones – The force of a truck collision can easily break bones. Severe breaks may require surgery and extensive physical therapy to heal properly.
- Internal Injuries – The overall force of a truck crash can cause internal bleeding and damage to various bodily organs.
- Whiplash – Whiplash is a neck injury that results from a rapid back-and-forth movement of the head. It can result in chronic pain, reduced range of motion, and long-term discomfort.
- Cuts and Lacerations – Shattered glass and debris from a truck accident can cause deep cuts and lacerations, potentially leading to significant blood loss and the risk of infection.
Mental Injuries
- Post-Traumatic Stress Disorder (PTSD) – PTSD is common among truck accident survivors. Symptoms often include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the accident. PTSD can significantly affect a victim’s daily life and relationships.
- Depression – The aftermath of a serious truck crash can also lead to depression. Physical pain, financial stress, and lifestyle changes due to injuries can contribute to feelings of hopelessness and sadness.
- Anxiety – Anxiety disorders may develop after a traumatic truck accident. Victims may experience constant worry, panic attacks, and a heightened sense of fear, especially when driving or riding in vehicles.
- Cognitive Impairments – Some victims may suffer from cognitive impairments, including difficulty concentrating, memory problems, and impaired decision-making abilities, often as a result of TBIs.
Potential Compensation for Truck-accident Losses
When someone is involved in a truck accident, they can often seek compensation for various damages. This compensation is meant to cover the financial, physical, and emotional losses resulting from the accident. Here are the main types of recoverable losses in a truck accident case:
Medical Expenses
- Current Medical Bills – This includes the cost of emergency room visits, hospital stays, procedures, prescription medications, and any other immediate medical care needed after the truck accident.
- Future Medical Costs – If the injuries require ongoing treatment, such as physical therapy, follow-up surgeries, or long-term care, these future medical expenses can also be covered.
- Rehabilitation – Compensation can include costs for physical and occupational therapy needed to recover from injuries and regain functionality.
Lost Income
- Lost Earnings – If the truck accident victim cannot work because of their injuries, they can be compensated for the income they would have earned during the time they were recovering.
- Loss of Earning Capacity – If the injuries lead to a long-term or permanent disability that affects the victim’s ability to work, they can receive compensation for the reduction in their future earning potential.
Property Damage
- Vehicle Repair or Replacement – This covers the cost of repairing or replacing the victim’s vehicle if it was damaged or totaled in a truck accident.
- Personal Property – Compensation can also be sought for any personal property that was damaged or destroyed in the crash, such as electronics, clothing, or other valuables.
Pain and Suffering
- Physical Pain – Victims can receive compensation for the physical pain and discomfort they endure as a result of their injuries. This includes both immediate pain and any chronic pain that may develop.
- Emotional Distress – Emotional distress compensation addresses the psychological effects of the accident, such as anxiety, depression, and PTSD.
Loss of Enjoyment of Life
If injuries prevent the truck accident victim from enjoying activities and hobbies they once loved, they can receive compensation for this loss of life enjoyment.
Loss of Consortium
If the victim’s injuries negatively affect their relationship with their spouse or family members, their loved ones may be entitled to compensation for loss of companionship, affection, and support.
Punitive Damages
In cases where the truck driver or trucking company acted with extreme negligence or malicious intent, the court may award punitive damages. These are meant to punish the wrongdoer and deter similar behavior in the future.
Contact a Truck Accident Lawyer Near You Today
If you or a loved one recently sustained injuries in a truck crash, a skilled Atlanta truck accident attorney can file a timely personal injury claim on your behalf. Your attorney will also aggressively negotiate with insurance company representatives or litigate your case at a trial or alternative dispute resolution (ADR) proceeding for the fair compensation you deserve.
Schedule a Free Initial Consultation Today!