Atlanta Truck Accident Lawyer

The aftermath of a truck accident can be just as stressful as the collision itself. You do not have to deal with your case alone, however. Kaine Law’s goal is to help you secure a fair financial recovery for you and hold the reckless driver accountable.

An Atlanta personal injury lawyer from our team is ready to get started on your case and pursue compensation for your medical bills, lost wages, and pain and suffering. Our Atlanta truck accident lawyers serving Atlanta also provide help on a contingency-fee basis. So, you pay nothing unless your case is resolved. Call us today for a free case evaluation.

Pinpointing How Negligence Caused Your Truck Accident in Atlanta

In the U.S., large trucks are involved in about 9.3% of all fatal crash accidents—and in Georgia, the problem is no better. According to the National Highway Traffic Safety Administration (NHTSA), large trucks were involved in 9.3% of the fatal crashes in Georgia.

According to the Federal Motor Carrier Safety Administration (FMCSA), most of the top reasons for truck crashes are related to driver errors. Our team will work to identify how these and other forms of driver recklessness led to your accident, such as:

• Abuse of prescription drugs and over-the-counter drugs
• Speeding
• Drowsiness
• Failure to observe traffic and surroundings
• Driver distraction or inattention
• Falling asleep at the wheel
• A failure to adjust driving based on road conditions

On the other hand, many other factors can contribute to a truck accident. Our Atlanta truck accident lawyers will work to understand how your accident happened and who should be held accountable.

Other Potential Causes for Your Accident With a Large Truck

Many parties are involved in the day-to-day operations of a commercial trucking company. If these parties do not do their part to keep others safe, they can be held financially accountable for their actions.

After completing our investigation, we may find that one or more of the following parties caused your accident and owe you money:

• The trucking company: The trucking company could be negligent because of poor hiring practices, inadequate training, or pushing their drivers to work past their hours of service.
• The cargo loading crew: The team that loads and secures the cargo may be at fault if they improperly loaded the freight or used faulty cargo tie-downs.
• The truck’s manufacturer: The maker of the truck or a parts manufacturer could be to blame if we find the cause to be defective tires, brakes, or another part.
• The truck’s mechanic: The crew responsible for the maintenance of the truck may be responsible for your accident if they fail to make needed repairs.

You could even hold a government agency responsible for your losses if they did not maintain safe road conditions.

The Difference in Weight Between a Large Truck and Passenger Vehicle Is Staggering

Most people do not consider the truly remarkable difference in size and weight between a large commercial tractor-trailer and your average car. The numbers can be quite amazing. The Code of Federal Regulations (CFR) § 658.17, a tractor-trailer maxes out at 80,000 pounds. That value includes the weight of the tractor and the cargo. Your typical car, on the other hand, only weighs around 2,000 to 4,000 pounds. 

When you consider the huge disparity in weight between the two vehicles, it is no wonder that the victims of truck accidents are often the occupants of the passenger car who suffer life-altering, sometimes fatal, injuries. 

Types of Financial Recovery Available After an Atlanta Truck Accident

Your entire life may change after a truck accident. If you had serious injuries, such as a spinal cord injury, head injury, or other physical trauma, you likely are wondering how you will pay for your extensive medical bills. However, you should not need to shoulder these costs on your own.

Our goal is to help you seek compensation for all your medical care costs—and to fight for additional forms of compensation, such as lost wages, pain and suffering, and more.

All forms of financial compensation can be sorted into one of two broad categories. These categories are known as economic and non-economic damages.

Economic Damages Have a Direct Monetary Value

Economic damages exist for one specific reason: to return you to the financial position you found yourself in immediately before your commercial truck accident. These damages are the expenses you incurred because of the accident. They may be out-of-pocket expenses. They also apply to losses that are covered by your insurance policy in some cases.

Economic damages are based on actual dollars spent on your case, which means you can identify the value of your claim down to the dollar. Some of the most common examples of economic damages include medical bills and lost wages.

Non-Economic Damages Compensate Your Pain and Suffering

The second type of damages is non-economic damages. These damages are not designed to compensate you for financial losses. Instead, they cover the subjective losses that are common with a serious injury.

For example, these damages could compensate you for your pain and suffering or disfigurement. Because these losses are not financial, there is no simple way to determine exactly what your case might be worth. Your personal injury attorney must make the case that you are entitled to compensation based on how your injuries have impacted your life.

Compensation Is Available for Treating Costly Injuries

One of the most important things our law firm will do for your case is to seek fair compensation for your past, present, and future medical expenses. When we investigate your case, our team will look at the bills you are already facing and the long-term cost of your treatment and recovery. These expenses can be significant following a collision with a commercial vehicle.

Our Atlanta truck accident lawyers will help you seek compensation for:

• Diagnostic testing
• Ambulance services
• Medications
• Physical rehabilitation
• Occupational therapy
• Other forms of rehabilitation, such as speech therapy
• In-home care
• Surgeries
• Hospitalizations

Compensation for Your Life Challenges

Some of the accident-related changes to your life could be emotional or psychological. Our legal team can tell you if you are eligible for compensation, such as:

• Pain and suffering
• Scarring and disfigurement
• Mental anguish
• Post-traumatic stress disorder (PTSD)

Compensation When Your Injuries Affect Your Career

When your injury affects your ability to work, you could face weeks, months, or years of reduced income.

Some of your income-related losses may include:

• Past lost wages
• Loss of future earning ability
• Disability

Compensation for Families of Truck Crash Victims

We offer our compassionate representation to surviving family members who lost a loved one in a truck accident. You could receive compensation for funeral costs, medical expenses, financial losses, and emotional hardship.

Only certain people can file wrongful death lawsuits, though. Usually, the decedent’s will names a representative of the estate. If there is no will, the court can appoint a representative. Typically, the court will appoint a spouse, parent, or child as the representative, who distributes the potential settlement or court-awarded offer among the surviving family members.

An Atlanta wrongful death lawyer can tell you more about who is eligible to seek compensation in a wrongful death case. As with a personal injury case, they can handle all of the necessary paperwork during the legal process.

For a free legal consultation with a truck accident lawyer serving Atlanta, call 404-214-2001

How Our Atlanta Truck Accident Lawyers Can Help With Your Claim

An Atlanta truck accident lawyer from Kaine Law will manage all the daily details of an Atlanta injury case for you. We will:

• Demonstrate the circumstances of your accident
• Determine the cost of your damages
• Write your demand letter
• Handle all communications with third parties
• Exchange evidence with the other party’s legal team
• Call upon witnesses to testify on your behalf
• Work with experts to build evidence, such as accident reconstruction specialist, medical professionals, and financial advisors
• Take your case to civil court if necessary

Our job comes down to this: we seek to recover the best possible compensation for injured people in Atlanta.

We Start With a Free Case Evaluation

You can call our law firm at any time you’re ready to begin. We are available 24 hours a day, seven days a week. During your free case evaluation, we want to hear your story. We want to understand what happened to you from your perspective. We also want to know how this truck accident has impacted your and your family’s daily life.

Our representatives can also discuss your legal options moving forward. You can ask as many questions as you’d like to see if we are a good fit together. If we can work together, we can take your case and start investigating your truck accident.

How We Investigate Your Accident

We will first start your case by determining how your accident happened. Then, a lawyer from our team will investigate the circumstances of your truck accident to decide who should be held accountable. We will visit the accident scene, talk with your doctors, and even consult experts. Experts can provide strong testimonies about how the accident occurred, your medical prognosis, and the financial impact the accident will have on your life moving forward. 

In any personal injury case, we can establish negligence with evidence. Evidence we would typically collect in a truck accident could include: 

• Police report: This is the official report filed by the responding police officer, detailing the scene, statements from those involved and witnesses, and the officer’s observations. It will also include diagrams of the accident, contact information, and the officer’s opinion on how and who caused the accident. It may even list any citations issued. 
• Truck driver’s logs: Federal regulations require truck drivers to keep logs of their driving hours to prevent fatigue. These logs can be used to determine if the driver was in violation of regulations at the time of the accident.
• Truck’s electronic logging device (ELD): Often referred to as the truck’s “black box,” it records data such as speed, brake application, and engine performance before the collision.
• Dashcam footage: If available, footage from dash cams, either from the truck itself or other vehicles, can provide real-time evidence of the accident’s circumstances.
• Maintenance records: These can indicate whether the truck was in proper working order or if negligence in its upkeep contributed to the accident.
• Cargo records: Documentation regarding the cargo’s weight and distribution can be important, especially if improper loading contributed to the accident.
• Witness statements: Accounts from people who witnessed the accident can offer invaluable perspectives on how the accident occurred.
• Photos: Visual evidence from the scene, including skid marks, vehicle positioning, road conditions, and traffic signs, helps reconstruct the accident.
• Medical records: Documents detailing the injuries sustained by those involved in the accident, necessary for proving damages and the impact of the accident on their lives.
• Employment records and qualifications of the truck driver: To establish if the driver had the proper qualifications and training.
• Cell phone records: To check if the truck driver was using a phone or was distracted at the time of the accident.
• Toxicology reports: To determine if alcohol or drugs were a factor in the accident’s cause.
• Traffic camera footage: If available, to provide an unbiased view of the accident.
• Weather reports: To see if weather conditions played a role in the accident.

How We Prove That the Liable Party Owes You Compensation

No matter how serious your accident was, we will still need to use evidence to prove that the trucker or another party owes you compensation. We will gather evidence to demonstrate these four elements of negligence were true in your case:

• The liable party owed you a duty of care
• They breached that duty of care
• You were injured as a result
• You suffered losses and costs due to your injury

The other party may try to dispute these basic facts of your case. However, an Atlanta truck accident lawyer from our firm can help you assert your right to seek a recovery.

How We Proceed With a Claim or Lawsuit

We will either seek compensation through an insurance settlement or a personal injury lawsuit. Your lawyer will take the route that presents the best possible option for your recovery.

If we take your case to trial, know that our team will already be prepared. When we start your case, we build a case that is ready for court. Our legal team has experience in the courtroom that we can put to work for you. We know what goes into filing a personal injury lawsuit and are unafraid of going against a trucking company’s legal team.

If your case goes to trial, we could continue negotiating with the insurer. Even after filing a lawsuit, your lawyer will continue fighting for a settlement on your behalf. If the insurer agrees to pay for your losses while your case unfolds at trial, our firm could resolve your case out of court.

How We Will Defend You Against Aggressive Insurance Companies

You have rights when negotiating a settlement with the insurance company. Per O.C.G.A. § 33-6-34, insurance companies are prohibited from doing the following:

• Misrepresenting certain aspects of your policy
• Refusing to pay claims without valid reasons why
• Failing to respond to your messages within reasonable periods
• Offering you compensation that does not fairly account for your losses

We are familiar with these common challenges to injury cases, and our team knows how to counter unfair claims and aggressive tactics. We will use evidence to prove what your case is worth and seek fair compensation.

We Can Protect You From Taking a Greater Degree of Blame Than Justified

Georgia follows a contributory negligence system, making it possible for plaintiffs to recover damages even if they are partially to blame for their own injuries, with some limitations. Here’s how it works:

• Fault Threshold: Under O.C.G.A. § 51-12-33, as long as the plaintiff is found to be less than 50% responsible for the accident, they can still recover damages. However, the amount of damages the plaintiff can recover will be reduced by their percentage of fault. For example, if a plaintiff is found to be 30% at fault and the total damages amount to $100,000, the plaintiff’s recovery would be reduced by 30%, or $30,000, allowing them to recover $70,000.
• More Than 50% At Fault: If the plaintiff is found to be 50% or more at fault for the accident, they are barred from recovering any damages. This rule is designed to prevent parties who are primarily at fault from benefiting from their own negligence.
• Multiple Defendants: In cases involving multiple defendants, the rule also applies to the division of fault among all parties. The total amount of damages will be allocated according to each party’s degree of fault, including the plaintiff’s.

Insurance companies are aware of this statute and may try to place a greater degree of fault on you to either lower your settlement value or deny it outright. We can protect you from these accusations. If you were at fault in any way for your accident, we will gather evidence of negligence and negotiate with facts supporting your actual degree of fault.

Call Kaine Law today for a free case evaluation.

Why Choose an Atlanta Truck Accident Lawyer From Kaine Law to Represent You?

When you choose Kaine Law, you can expect the following:

• Availability to take your call 24 hours a day, seven days a week
• A free initial case review so you can learn your options at no obligation
• Contingency-fee-based representation so you can get started with no upfront fees
• A track record of multi-million-dollar settlements and awards for past clients

Our truck accident attorneys will support you through the whole process of a personal injury claim or lawsuit. We bring personalized attention to every case our team takes on. We never apply a one-size-fits-all approach to a truck accident case because we understand how varied they can be. We will also keep you updated about your case and make ourselves available to answer your questions along the way.

We Have Experience Seeking Justice for Injured Victims in Atlanta

For multiple decades, we have worked with truck accident victims in Atlanta. Our lawyers’ local experience means that:

• We are familiar faces in Atlanta courtrooms and can work towards a smooth process for a civil lawsuit.
• Our lawyers understand local and state laws and can use this knowledge to your benefit.
• Our local resources and relationships allow us to seek strong evidence for your case.

Our attorneys know how to build your truck accident case, whether you were sideswiped on I-85 or run off the road on I-20.

Our Atlanta Truck Accident Lawyers Can Help if You Are Facing These Catastrophic Injuries

Truck accidents can lead to some of the most devastating injury accidents on the roads. In our work with truck accident victims, we have seen the many costs involved with severe injuries. Our team is prepared to help victims with the lifelong costs of injuries, such as:

Brain Injuries

Serious traumatic brain injuries can result from direct trauma to the brain (such as a skull fracture) or indirect forces on the head in the wake of a crash. Traumatic brain injuries (TBIs) can cause significant disruption to the brain and much of the body.

Medline Plus reports that you might require any of the following medical attention if you face a TBI:

• Initial emergency care: You may need an MRI, CT scan, or other neurological tests to diagnose your injury. Your ER care may have addressed the life-threatening complications of a TBI, such as bleeding or fluid build-up in the brain.
• Ongoing care: You may need one or more types of therapy to heal from a TBI. These therapies include speech therapy, physical therapy to improve physical coordination, and cognitive therapy to regain your memory and other brain functions. You could also need medications for mood regulation and more. Such care could be necessary for months, years, or the rest of your life.

Spinal Cord Injury

Spinal cord injuries can require costly medical procedures immediately after a crash. As time goes on, spinal cord injuries can also leave survivors with many other costs, including those for modifying a home or vehicle and adapting to a new way of life.

According to the National Institute of Child Health and Human Development, spinal cord treatment and care could entail:

• Initial emergency care: In the wake of a spinal cord injury, you could have surgery to remove pressure in the spinal cord or address other potential complications. You may have had other experimental treatments, such as steroid injections.
• Ongoing costs: Your doctors could recommend many types of therapy, including physical therapy and rehabilitation to help you practice new motor skills and other independence skill-building. You may require adaptive equipment, such as computer-based assistive technology, car and home modifications to accommodate a wheelchair or powerchair, and more.

Other Serious Injuries

Other injuries may not require lifelong or long-term care, but they could also be painful and costly. If you face any of the following serious injuries, our team could help you seek the settlement or award you deserve:

• Broken bones or fractures
• Burns or disfigurement
• Lacerations
• Sprains and strains
• Internal injuries
• Back and neck injuries, including whiplash

Complete a Free Case Evaluation form now

What You Can Do After an Atlanta Truck Accident

You could be overwhelmed by the aftermath of a heavy truck crash. But, at the same time, you can take several important steps to protect your right to compensation.

Consider the following:

Call The Police

Immediately after the accident, you or someone else at the accident scene needs to call the police to file a report. The police report can provide a great deal of information following a truck accident.

See a Doctor Immediately

You need to see a doctor as soon as possible. Whether it’s your private doctor or an emergency room doctor, you should have them check you after the accident. Even if you are feeling fine, they can run tests to see if you have any hidden or obscured injuries, such as internal bleeding or organ damage.

Additionally, your doctor’s medical report creates a link between you and the accident. The longer you wait, the more the insurance companies can argue that your injuries are from a source other than the truck accident.

Follow Your Doctor’s Recommendations

When you are getting treatment, your doctor may recommend any of the following:

• Resting
• Taking medications
• Seeing specialists
• Attending follow-up appointments
• Getting lab work
• Attending physical therapy
• Surgery

The best thing you can do for your injury is to follow these recommendations. Take prescribed medications and attend necessary appointments. This is important for two reasons: your health and your injury case.

An insurance company could claim that you made your injuries worse if you do not get all the advised care. You can avoid this situation by heeding your doctor’s orders.

It is rarely enough to seek medical care once and then move on with your life. Most doctors require patients to receive ongoing care for serious injuries. Keeping up with this care is as important as visiting the doctor immediately after a truck accident. If you fail to follow your doctor’s orders, the other side could use it as evidence that your injuries are not as bad as you claim.

Avoid Making Statements That Can Be Used Against You

There are several situations where the other party could use your words to harm your case, including:

• Phone calls with insurance companies
• Recorded statements collected by an adjuster
• Social media posts following your accident

Keep conversations with an insurance company to a minimum. If they ask you to speak about the crash, remain neutral and calm. Only offer basic details. Don’t accuse the other driver of anything, and do not apologize, either. You do not have to comment about your suspected level of fault or your actions during the crash.

Also, refrain from posting on social media after the crash. The other party could use your statements to mischaracterize your accident, your injuries, or your level of fault for the collision. Something as simple as a smile in a picture could be used against you. 

As your attorney, we can protect you from the opposing side twisting your words. We can speak on your behalf and provide guidance when it is time to speak with the insurance companies. 

Georgia Law Limits Your Time to File a Truck Accident Lawsuit

O.C.G.A. § 9-3-33 details Georgia’s statute of limitations. As the injured party, you generally have two years from the date of your accident to file a truck accident lawsuit. However, this deadline may not apply to you, especially if you plan on suing a government entity.

For instance, if a truck owned by the city hit you, you could have only six months to file a lawsuit, as explained under O.C.G.A. § 36-33-5.

Our team can identify the liable party and determine how long you have to file your case. While many Atlanta truck accident cases are resolved through insurance negotiations, we advise that you act promptly and prepare to bring a case to trial if necessary.

Frequently Asked Questions About Truck Accidents in Atlanta

Our Atlanta truck accident lawyers can answer your questions during your free case review. First, however, here are some answers to top questions from our truck accident clients:

How Much Is Your Accident Case Worth?

The first question for most people involved in a truck accident claim is, “How much is my case worth?” Unfortunately, there is no easy way to determine the exact value of your potential settlement. However, our firm could review the facts and provide a helpful estimate of what it might be worth.

The value of an injury varies based on the details of the accident and injuries. When we investigate your case, we will give you a sense of its potential value based on the following:

• The cost of your medical care
• How serious your injuries are
• Whether you had to change jobs or reduce your hours
• How the accident affected your family life
• Who is responsible for paying you

In other words, calculating a potential settlement or award amount is complicated and depends on each person’s situation. However, we can tell you more about the possible value of your case after investigating your accident.

How Long Will It Take to Settle My Truck Accident Case?

The time it takes to settle a truck accident case can vary widely depending on several factors, making it difficult to predict the exact duration for any given case. However, understanding the steps involved in the claim and lawsuit process and the factors that influence the timeline can provide some insight:

• Investigation and evidence gathering: The complexity of the accident and the volume of evidence can significantly impact the length of this phase.
• Treatment and assessment of injuries: You must reach what is known as “maximum medical improvement” (MMI) before the full extent of the damages can be assessed. MMI is the point at which you have recovered as much as expected. This period can vary from a few months to several years, depending on the severity of the injuries.
• Demand and negotiation: Once the damages are fully understood, you (usually through their attorney) can send a demand letter to the insurance company of the at-fault party. Negotiations can then begin. The negotiation process can take anywhere from a few weeks to several months, depending on the willingness of both parties to reach an agreement.
• Processing a lawsuit: If negotiations fail, the next step is to file a lawsuit, which starts the clock on the pre-trial process, including discovery, depositions, and possibly mediation. This phase can extend the settlement process by months or even years.
• Trial: If the case goes to trial, the duration until a settlement is reached depends on the court’s schedule, the length of the trial, and any potential appeals.

In addition to the claim and lawsuit process, other factors can influence the time, such as:

• The severity of your injuries: More severe injuries typically result in longer recovery times and more complicated medical assessments, extending the settlement timeline.
• Dispute over liability: If there’s a significant dispute over who is at fault for the accident and to what degree, this can delay the settlement as both sides gather evidence to support their claims. 
• Number of parties involved: Accidents involving multiple vehicles or parties can complicate the determination of liability and damages, leading to longer negotiations or legal proceedings.
• Insurance companies: The policies and practices of the insurance companies involved can also impact the length of the settlement process. Some companies may be more inclined to settle quickly, while others may take a more aggressive stance in negotiations or litigation.
• Jurisdiction: In some instances, commercial accidents may require federal investigations.

Should You Hire an Atlanta Truck Accident Lawyer?

You are not obligated to hire legal counsel following a truck accident. Even though acting as your own attorney is an option, that does not mean it is in your best interest. Pursuing a truck accident injury claim is complex, and you can count on the other side relying on the support of their lawyers and insurance adjusters. This can put you at a disadvantage.

Hiring an Atlanta truck accident lawyer is a personal choice. However, our lawyers’ help could benefit you if you were facing any one or more of these circumstances:

• You have serious or catastrophic injuries.
• You are not well enough physically or mentally to take on a case.
• You want help understanding your rights and legal options.
• You do not want to deal with insurance companies on your own.
• You do not have time to handle settlement negotiations or a lawsuit during your recovery.

Our team can take care of all the legal details while you focus on your well-being.

Can You Sue the Truck Driver?

As mentioned, we may advise taking your case to civil court or proceeding with an insurance claim. For example, our team could bring a lawsuit against the truck driver and another liable party, such as a trucking company.

If so, we may file suit against both the truck driver and the trucking company. Then, our staff can explain more about when it makes sense to take your case to trial and the advantages a trial offers (and the disadvantages it presents).

We Will Go Over Your Legal Options

We offer all of our clients free initial case reviews. This allows you to ask our team any questions about your case, our services, and the types of damages you can recover.

Your case review also comes at no obligation. If you do not think that we are a good fit, you are under no obligation to work with us.

You do not need to be uncertain about your legal options any longer. Let our team address any concerns you may have about the financial recovery process. This can give you insight into your case’s prospects and alleviate your stress.

If you are like most first-time accident victims, you likely have many questions. Your free consultation is the chance for you to get the answers you deserve. The best approach is to come up with written questions to ensure you receive all the answers you need. Some of the questions worth asking include:

• How many truck accident cases have you handled?
• What is your billing practice?
• What is my truck accident case worth?
• How much time do I have to file my truck accident lawsuit?
• Do you have much trial experience?

When to Retain Our Atlanta Truck Accident Lawyer’s Services

You do not have to wait to seek legal help. No matter where you are in your process after an accident, you can give our team a call.

Contact us if:

• You were just in an accident and do not know what is next.
• You have started the insurance claims process but want to learn more about your options.
• You are being contacted by insurance companies and want to understand your rights.
• You are facing aggressive or unfair insurance tactics.
• You want help with your injury case.

Our team is ready to help.

Contact an Atlanta Truck Accident Lawyer Today

Truck accident cases can be complicated and intimidating, but they do not have to be. Our team can stand up for your right to compensation in the face of a major trucking company.

Contact our office to learn more about working with an Atlanta truck accident lawyer from Kaine Law. In addition to Atlanta, we also serve truck accident victims in Conyers, Lawrenceville, and Stockbridge. We are ready to get acquainted with you and your legal goals. Call us today.

Call or text 404-214-2001 or complete a Free Case Evaluation form