Commercial trucking accidents are some of the most devastating and deadly types of motor vehicle accidents across the country. Serious injuries often happen in these accidents, and it could take the injured years to recover from them. If you have been hurt in a truck accident in Carrollton, you could sue the liable party for damages that help you pay your medical bills, replace the income you lost, and more.
A Carrollton personal injury lawyer from Kaine Law can review your legal options and determine the compensation you could recover after a big-rig accident. You can reach out to us today for a free consultation with our team to find out about your truck accident claim. We can start on your case as soon as possible with no upfront payment for costs or attorney’s fees. We don’t receive payment unless we recover compensation for you.
You Have Limited Time to Seek Damages After a Truck Accident
Bringing action against a liable party after a truck accident is a big decision, but it’s also one that you have only a certain window of time to make. Per O.C.G.A § 9-3-99, injured parties generally have only two years to sue for damages under Georgia’s statute of limitations deadline.
We can review your situation and advise you if your filing deadline is longer or shorter. For example, if your accident involves a government agency, you have six months to file a lawsuit, per O.C.G.A. § 36-33-5. We encourage you to act promptly to file a lawsuit before the deadline expires. Once it does, you will likely lose your right to sue.
Statute of Limitations for Wrongful Death Lawsuits in Georgia
If your loved one suffered fatal injuries in a truck accident in the Carrollton area, you may be eligible to recover wrongful death damages under O.C.G.A. § 51-4-5(b).
We can seek to recover compensation for your loved one’s final medical bills, funeral and burial arrangements and services, lost income, and more. We can explain how wrongful death laws work in Georgia and prepare your legal action if it is within Georgia’s statute of limitations which is two years, per O.C.G.A § 9-3-99.
For a free legal consultation with a truck accident lawyer serving Carrollton, call 404-214-2001
Recoverable Damages in a Truck Accident
Some of the damages truck accident victims can recover include:
- Medical expenses (past and ongoing)
- Therapy and rehabilitation
- Current and future lost wages
- Reduced earning ability
- Vehicle repair or replacement
- Other accident-related expenses
- Pain and suffering
- Disability and disfigurement
- Loss of life enjoyment
We will review all your damages, including those without a fixed dollar amount, to determine how much compensation you can seek from the liable parties in your case.
Carrollton Truck Accident Lawyer Near Me 404-214-2001
We Will Prove Negligence Occurred in Your Carrollton Truck Accident
Truck drivers can engage in negligent driving behaviors that can make them liable for an accident. Our lawyer will set out to prove, based on the evidence in your case, that their or another party’s negligence caused your injuries. Four elements will need to be met to prove your case. These include:
- Duty of care
- Breach of duty
Here, your truck accident lawyer in Carrollton will need to show that another party legally owed you a duty of care on the road and how they breached that duty of care. We must also show how this breach caused your accident that led to you suffering injuries that resulted in considerable damages.
Vicarious Liability in a Truck Accident
Truck accidents often involve multiple parties in addition to the driver. Truck companies can be found liable in an accident through a legal doctrine known as vicarious liability. Per this doctrine, a truck driver’s employer is responsible for the driver’s actions if the driver was acting within the scope of their employment when the crash occurred. This makes it possible for us to seek damages for your injuries against the driver’s employer.
Other Potential Liable Parties
However, in addition to the company and its driver, we also could seek damages against these parties if their negligence caused or contributed to your accident:
- Truck repair and maintenance company
- Truck parts manufacturer
- Truck manufacturer
- Cargo loading company
- Freight shippers
- Safety inspectors
- Municipality responsible for roads maintenance
This is only a partial list of possible liable parties. You can expect our Carrollton truck accident lawyer’s in-depth investigation into the cause of your injuries to reveal which parties are liable for the damages you endured.
Our team can help determine which parties could compensate you for the damages and injuries you suffered. This can be a complex undertaking because all these parties may have insurers that we must negotiate with for your financial recovery.
If You Share Fault for the Accident…
We will handle this for you and determine how each party is liable. If it is determined that you played a role in the accident, you can still seek compensation, but your monetary award, if you receive one, will be reduced based on your percentage of fault. Your fault should be less than 50%, per Georgia’s fault law, O.C.G.A. § 51-12-33. For example, if you are supposed to receive $25,000, but you were found 30 percent responsible for the collision, then your final award would be $17,500.
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We Will Use Evidence to Prove Your Truck Accident Case
We will gather essential evidence to build a compelling case to prove the liable parties’ negligence and the severity of your injuries. Accident evidence we can use includes:
- Police accident report
- Medical records
- Witness statements
- Photos of your injuries and/or the crash scene
- Accident reconstruction reports
- Video surveillance from nearby businesses, homes
We can also send a spoliation letter to preserve time-sensitive evidence that’s critical to proving your case. Such evidence includes:
- Truck driver log books
- Truck’s electronic data recorder (black box data)
- Truck inspection and maintenance records
- Driver training, employment records
- Driver alcohol, drug test results
- Vehicle damage that could be repaired soon after the accident
A spoliation letter tells the trucking company and other potentially liable parties that you intend to file a claim and that they must protect all evidence and information that we can use to document your accident.
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Types of Truck Accident Cases in Carrollton
Many personal injury claims and lawsuits involve different kinds of truck accidents. Among them are:
- Undercarriage accidents
- Rear-end collisions
- Accidents caused by trucking company negligence
- Jackknife accidents
- Rollover accidents
- Drunk driving accidents
- Drowsy driving accidents
- Lost load accidents
- Wide turn accidents
- Sideswipe accidents
- Head-on collisions
- Intersection accidents
- Highway accidents
If you were involved in any of the previously mentioned types of truck accidents, or a different kind of truck accident that was not listed above, you can reach out to a truck accident lawyer in Carrollton to discuss your legal options for financial recovery.
Common Causes of Carrollton Truck Accidents
Some of the more common causes of truck accidents involving negligent truck drivers include:
- Cell phone use or other distractions while driving
- Operating a commercial truck under the influence of drugs or alcohol
- Operating the truck while fatigued
- Following too closely
- Speeding violations
- Making unsafe lane changes
- Blocking traffic
- Failure to obey traffic regulations
- Lack of experience
- Lack of appropriate skills or training
- Refusing to allow drivers to change lanes
- Cutting off other drivers
- Failure to stop
- Driving an overweight tractor-trailer
- Improperly loaded cargo
- Truck maintenance defects
As noted earlier, negligent truck drivers are not the only party found liable for commercial truck accidents in Carrollton. The trucking companies that employ truck drivers can also be held accountable for victims’ injuries, as they must adhere to federal, state, and local trucking regulations.
Failure to do their due diligence when hiring truck drivers, appropriately training truck drivers, and otherwise following mandated trucking regulations is negligence, and the trucking company can be held accountable.
Common Truck Accident Injuries
With traditional passenger vehicles weighing thousands of pounds, and commercial trucks weighing upward of 80,000 pounds, the weight difference can dramatically impact the severity of a collision. Individuals hurt in truck accidents are more likely to suffer catastrophic injuries than other types of motor vehicle collisions.
Some of the more common types of injuries seen in Carrollton truck accident claims include:
- Chemical burns
- Organ failure
- Internal bleeding
- Traumatic brain injuries (TBIs)
- Road rash
- Third-degree burns
- Neck injuries
- Compound fractures
- Back injuries
- Crushing injuries
- Post-traumatic stress disorder (PTSD)
- Fatal Injuries
If you suffered an injury not listed above, and you are not sure whether you have the right to move forward with your truck accident claim, you can reach out to our truck accident lawyer in Carrollton for help.
Call Us About Your Carrollton Truck Accident
If the truck accident injuries you sustained after a Carrollton area truck accident in Georgia have significantly affected your life, but you are not sure how to bring the liable party to justice, you can reach out to our Carrollton truck accident lawyer at Kaine Law today.
You can explore your legal options for compensation during a no-cost, risk-free consultation. Call our office at (404) 214-2001 to talk with a team member today.