It is estimated that a staggering 15.5 million commercial trucks operate in the United States. With so many commercial trucks on the road, the risk of getting into a truck accident has risen exponentially.If you or a loved one were injured in a tractor-trailer collision, you might benefit from the advice and counsel of a Marietta truck accident lawyer. Our attorneys have ample experience handling all kinds of trucking accident claims and can take you through the process of seeking relief and formulating a plan of action. Reach out to an experienced personal injury attorney to discuss your legal options for recovery.
Marietta Truck Accident Guide
Causes of Truck Accidents in Cobb County
Some of the most dangerous roads in the state, such as Interstate 75, run directly through Marietta, Georgia. While high traffic volume cannot be solely blamed for accidents caused by negligent drivers, it is worth noting that highways and interstate roads that serve as major trucking routes tend to see more accidents.
Overall, our state sees a higher volume of fatal traffic accidents than the national average, as the Georgia Governor's Office of Highway Safety reported. Some of the factors that contribute to truck accidents in Marietta are:
Drunk driving contributes to a large percentage of accidents and traffic fatalities every year. Alcohol and other intoxicating substances significantly decrease driver attentiveness and reaction time and increase the likelihood of an accident. These impairments can be especially dangerous when large commercial trucks are involved. These vehicles' weight and high speeds mean that a truck driver who swerves into oncoming traffic or loses control of the wheel can leave a huge path of destruction in mere seconds.
Many truck drivers work long hours with little time to receive adequate rest. While safety standards administered by the companies and organizations that these drivers work under have attempted to mandate better working conditions and shift requirements, fatigue is still a common concern. Most of the time, those who fall asleep at the wheel have difficulty remembering what happened, making it challenging to uncover the reason an accident occurred after the fact.
Proper maintenance is essential for any vehicle. A passenger vehicle may be able to pull over to the side of the road should its check engine light come on suddenly without causing harm to other drivers. However, due to the size and operational mechanics of commercial trucks and tractor-trailers, even a small mechanical failure can spell risk. A sudden brake failure or a disconnected trailer hitch can cause an accident that impacts not only one but several other vehicles. Sometimes, defective parts can also be to blame.
Common Truck Accident Injuries
As with other types of car accidents, injuries resulting from truck accidents can leave lasting and debilitating damage to victims. If you were involved in a trucking accident, it's important that you continue to seek medical treatment for your injuries and follow your healthcare provider's advice carefully. Depending on the severity, you may need hospitalization or even long-term care. Some of the more common conditions resulting from truck accidents are:
- Road rash and burns
- Broken bones or fractures
- Head and neck injury
- Spinal cord injury
- Traumatic brain injury
- Limb damage
- Organ trauma
- Chest contusion
- Cuts, bruises, and lacerations
In addition to the physical damage that a car wreck can cause, you may also be left with emotional suffering or trauma from the event. It's important that you care for yourself during this time in whatever ways necessary while allowing a skilled truck accident lawyer to ensure that you get the compensation you need to pay for your treatment and other needs.
Following an accident with a commercial truck, you will likely receive a settlement offer from your insurance provider. It's important to recognize that the value that an insurance company places on your claim may not reflect the true extent of your losses. Georgia is a fault-based state regarding car accident coverage, and insurance companies will frequently raise doubts about the degree of fault you had in a collision to minimize your settlement payout.
We at Atlanta Personal Injury Law Group strongly recommend that you speak to a qualified truck accident attorney before accepting any such offer or attempting to negotiate on your own. Our lawyers want to see you triumph, and we are happy to lend our legal expertise and team of highly experienced professionals to your aid. Your attorney will be able to make an honest assessment of what your losses are worth and negotiate toward a settlement that addresses the full scope of these.
Economic damages in a personal injury claim include all expenses associated with your injuries, such as medical bills, hospitalization, emergency services, surgeries, medications, and rehabilitation.
Property damage may occur to your vehicle and personal belongings. You'll also likely face economic damages in the form of lost wages or income from time off work. Depending on the prognosis of their injuries, some accident victims are unable to return to their former employment or may require assistive care for years to come. If this is the case for you, know that these expenses will also be factored into your negotiated settlement.
We understand that an accident's toll on one's life is not limited to financial matters. The emotional distress, pain, and suffering that you experience due to an accident also have an intrinsic value in the form of loss of happiness. Your lawyer will compassionately work to consider these intangible elements in your case.
How a Marietta Truck Accident Lawyer Can Help You Recover
Our Marietta truck accident attorneys are passionate about helping injured victims get the help they need and the compensation they deserve. To do so, our legal team will examine your case in detail, carefully analyze relevant information, and work to bring your case to a positive conclusion.
The elements involved in proving damages in a truck accident claim are varied; depending on the circumstances, your case may require witness testimony, medical records or police reports, and accident reconstruction. Your attorney can procure this evidence and more, using the right tools to construct a solid claim in your favor.
These investigations also require establishing liability and causation. By doing so, a skilled attorney is able to determine who needs to be involved and through what sources compensation can be pursued. Liability in a personal injury claim rests on the law of negligence.
Components of Negligence
Negligence is a term used to describe unintentional torts. An unintentional tort is a civil wrong that, if committed, could lead to civil liability. Under the law of negligence, the plaintiff's attorney is required to prove four elements to hold a defendant responsible for their actions.
Duty & Breach
A duty of care is imposed on each individual when performing an action, including driving. In addition to all the federal and state regulations that truck drivers must abide by, truck drivers have a duty to operate their vehicles as a reasonably prudent truck driver would under the circumstances. Truck drivers are to avoid the unreasonable risk of harm to other drivers and pedestrians they might encounter on the road.
A driver is in breach of this duty when they fail to act reasonably, creating an unreasonable risk of harm to others. Common examples of a breach might include:
- Violating traffic laws such as speeding.
- Failing to adhere to traffic lights.
- Driving under the influence.
Causation & Harm
Duty and breach alone are not enough to hold a defendant liable. In addition, a truck accident lawyer in Marietta would have to prove that the defendant's breach caused the plaintiff's damages. Plaintiffs must show that the defendant was the actual and proximate cause of their injuries. Actual cause states that the plaintiff would not have suffered harm if not for the defendant's conduct. The proximate cause is present when the plaintiff's injuries are reasonably related to the defendant's conduct.
Also, the plaintiff must have suffered actual harm that could be compensated in court. For example, if the defendant sped by the plaintiff, but no accident occurred, the plaintiff would not have grounds to sue.
Opportunities for Relief for Truck Accidents in Marietta
The issue of vicarious liability comes up a lot in truck accident cases. Vicarious liability is a legal doctrine that allows plaintiffs to sue the defendant and their employer for damages. Plaintiffs are required to file their case within two years of the accident under Georgia Code §9-3-33.
In order to apply, the employee's actions must have occurred within the scope of their employment. If a truck driver causes an accident while transporting goods for work, vicarious liability would likely apply. Even if the driver was to detour from their employment, such as stopping at a rest stop to get lunch, a truck crash lawyer in Marietta could still seek recovery against the employer. However, if an employee causes harm during a "frolic," the plaintiff could not recover against the employer. Frolic is a serious departure from their employment duties, such as going to the movies during work hours.
Schedule a Consultation with a Marietta Truck Accident Attorney Today
The destruction that a truck could cause is incalculable. Their sheer size and mass could plow through nearly anything, leaving those on the receiving end with devastating effects.
A Marietta truck accident lawyer could help assist those in need who have been harmed in a big rig collision. Do not hesitate to find the legal help you might require to get your case off the ground and into action. We invite you to learn how an attorney can help your legal situation; call and schedule a consultation now.
"Great experience. My case manager, Indya, has done an amazing job. She answers all my questions and gives me updates." - Rosa V. ⭐⭐⭐⭐⭐
Read more of our Google reviews!