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. The goal of our Atlanta truck accident lawyers is to help you secure a fair financial recovery for you and your family.
Let the Atlanta personal injury lawyers with Kaine Law manage your case and pursue compensation for your medical bills, lost wages, and pain and suffering. Our trucking accident lawyers provide service on a contingency-fee basis, so you pay nothing unless you win a settlement or court award. Call us today for a free case evaluation.
Financial Recovery Is Available After an Atlanta Truck Accident
Your entire life may change after a truck accident. If you had severe injuries, such as a spinal cord injury, traumatic 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.
We will seek compensation for all your medical care costs and additional forms of compensation, such as lost wages, pain and suffering, and more.
Economic Damages Have a Direct Monetary Value
Economic damages are based on financial losses, which means you can identify them by their direct dollar value. One of the most important things our law firm will seek is fair compensation for your medical expenses.
When we investigate your case, our legal team will look at the medical debt you are already facing and the long-term cost of your treatment and recovery. Your medical care can be significant following a collision with a commercial vehicle, and the medical bills you may incur could include:
- Diagnostic testing
- Ambulance services
- Medications
- Physical rehabilitation
- Occupational therapy
- Other forms of rehabilitation, such as speech therapy
- In-home care
- Surgeries
- Hospitalizations
In addition to your medical costs, some of the more common examples of economic damages include the following:
- Lost wages, including tips, bonuses, and benefits
- Loss of future earning ability
- Property damage
We will compile a full list of the financial losses you have suffered and any projected ones to come.
Non-Economic Damages Represent Losses in Your Quality of Life
Non-economic damages cover the subjective, intangible losses that are common with a serious injury. Our legal team can tell you if you are eligible for compensation for such losses as the following:
- Pain and suffering
- Scarring and disfigurement
- Disability
- Emotional distress
- Mental anguish
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Loss of consortium
Since these losses are not financial, your personal injury attorney must make the case that you are entitled to compensation based on how your injuries have impacted your life.
Compensation for Families of Truck Crash Fatalities
If you have lost a loved one in a truck crash, we offer our condolences and compassionate representation to the surviving family members. 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.
The Atlanta wrongful death lawyers from Kaine Law can tell you more about who is eligible to seek compensation in your case. Call us today for your free case consultation.
For a free legal consultation with a Personal Injury lawyer serving Atlanta, call 404-214-2001
Protect Yourself and Your Rights After an Atlanta Truck Accident
There are several important steps you should take following an accident with a truck in Atlanta to ensure your health and protect your rights to compensation:
Your Immediate Safety
Immediately after the accident, you want to check yourself for injuries. Crashes with semi-trucks can result in severe to catastrophic injuries. Take your time. If you have passengers, check on their health as well. If your injuries permit, try to move to a safe location on the side of the road.
Call for Emergency Services
Once you have assessed your injuries and that of everyone else with you, you or someone else at the accident scene needs to call 9-1-1. Let the operator know where you are and what has happened. When law enforcement arrives, they will generate a police report. The police report can provide a great deal of information following a truck accident.
Collect Evidence From the Accident Scene
You can also help your case by collecting evidence while you are at the accident scene. If your injuries allow, take pictures of the accident scene, your injuries, and the vehicles. Record what you remember from the events before the 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. They can run tests to see if you have any hidden or obscured injuries.
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
The best thing you can do for your injury is to follow your doctor’s orders. Take the prescribed medications and attend all necessary appointments. This is important for your full recovery and to protect your claim.
If you fail to follow your doctor’s orders, the insurance companies could use it as evidence that your injuries were not as bad as you stated.
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 any phone calls with the insurance companies or recorded statements collected by an adjuster.
Keep conversations with the 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.
Avoid Social Media for the Time Being
You should refrain from posting on social media after the crash. The insurers 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 truck accident 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. Call us today.
Atlanta Truck Accident Lawyer Near Me 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:
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 lives.
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?
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.
Investigate Your Atlanta Truck Accident
Our legal 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.
In any personal injury case, we 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 dashcams, either from the truck itself or other vehicles, can provide real-time evidence of the accident’s circumstances.
- Maintenance records: These records 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 are necessary for proving damages and the impact of the accident on their lives.
- Truck driver’s employment records: These records can establish if the driver had the proper qualifications and training. They can also determine the truck company’s employment policies.
- Cell phone records: We can check for this information if the truck driver was using a phone or was distracted at the time of the accident.
- Toxicology reports: If alcohol or drugs were a factor in the accident’s cause, we can use these reports as evidence of negligence in your case.
- Traffic camera footage: If available, video can provide an unbiased view of the accident before, during, and after.
- Weather reports: Weather conditions could have played a role in the accident, and we can show how with these records.
Identify the Liable Party
Truck accidents are more complex than your average car accident due to the number of possible liable parties. After completing our investigation, we may find that one or more of the following parties caused your accident and owe you money:
- The truck driver: In most instances, the truck driver’s actions are the main cause of the accident, but he may not be alone.
- 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.
- Another driver: Your accident could also be the result of the reckless or careless behavior of another driver.
You could even hold a government agency responsible for your losses if they did not maintain safe road conditions. We will file an insurance claim with each party on your behalf.
Demonstrate Negligence
No matter how serious your accident was, we will still need to prove how the other party was negligent. From the evidence we gather, we must demonstrate these four elements in your case:
- Duty of care: The liable party had an obligation to your safety
- Breach of duty: They failed to uphold their obligation
- Causation: That failure led to an accident and your injuries.
- Damages: You suffered financial losses, physical injuries, and emotional trauma from the accident.
The other party may try to dispute these basic facts of your case. However, an Atlanta truck accident attorney from our firm can help you assert your right to seek a recovery.
Proceed With a Claim or Lawsuit
We will either seek compensation through an insurance settlement or a personal injury lawsuit. Your truck accident lawyer in Atlanta will take the route that presents the best possible option for your recovery.
If we take your case to trial, know that our legal team will already be prepared. We have 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 Atlanta truck crash 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.
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 account for your losses fairly
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.
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 would 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.
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Why Choose Kaine Law for Your Atlanta Truck Accident Lawyer?
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
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 accident 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 Atlanta truck accident attorneys know how to build your truck accident case, whether you were sideswiped on I-85 or run off the road on I-20.
We will support you through the whole process of a personal injury claim or lawsuit. We bring personal 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.
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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.
Early contact allows us to not only secure your filing deadline but also gives us time to preserve evidence in your case, evidence that could be in the hands of possible defendants. We will send out spoliation letters to preserve such evidence as:
- Electronic logging device data
- Employment records
- Video footage
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 attorneys can answer your questions during your free case review. However, here are some answers to top questions from our truck accident clients:
How Much Is Your Accident Case 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. 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 based on the complexity and volume of evidence
- Treatment and assessment of injuries can vary from a few months to several years, depending on the severity of the injuries.
- Demand and negotiation can take anywhere from a few weeks to several months, depending on the willingness of both parties to reach an agreement
- Processing a lawsuit, including discovery, depositions, and possibly mediation, can extend the settlement process by months or even years.
- Trial 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
- Dispute over liability
- Number of parties involved
- Insurance companies’ policies and practices
- Jurisdiction
Should You Hire an Atlanta Truck Accident Lawyer?
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.
Contact an Atlanta Truck Accident Lawyer Today
Truck accident cases can be complicated and intimidating, but they do not have to be. Our legal team can stand up for your right to compensation in the face of a major trucking company and its insurers.
Contact our office to learn more about working with our Atlanta truck accident attorneys from Kaine Law. 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
