The injuries you sustain in a commercial truck accident could have a long-lasting impact on your life. If the truck collision occurred due to another party’s carelessness, you may be able to hold them accountable.
Whether you negotiate with the insurance company or file a lawsuit against the negligent truck operator, you have the right to retain legal counsel. Let a Norcross truck accident lawyer with our firm fight for the compensation you deserve.
Multiple Parties May be to Blame for Your Truck Accident in Norcross
You are entitled to pursue a civil lawsuit against every individual or entity that caused your truck accident. Sometimes, this will involve a single person; other times, it could include multiple defendants.
Before you can file your case, you must first identify each of the at-fault parties. Our injury attorney can review the facts and determine who was ultimately responsible for the truck crash.
According to the Federal Motor Carrier Safety Administration (FMCSA), most truck accidents occur as the result of driver error. These errors could include poor judgment, the failure to respond to changing road conditions, or dangerous decisions stemming from intoxication. When a truck driver’s negligence causes an accident, they could face liability for a victim’s injuries.
Truck accidents often result from defective motor vehicle parts. These defective parts could be in the commercial vehicle or in one of the other cars involved in the accident.
If your accident occurred due to a defective truck part, you have the right to seek damages from the manufacturer.
When a truck operator’s negligence is responsible for an accident, their employer could also be on the hook for any damages that occur. Employers are liable if a truck driver causes an accident while operating within the scope of their employment.
There are other ways the trucking company could face liability for an accident outside of driver negligence. If a negligent act or decision by the employer played a part in an accident, the company could face liability under these circumstances, as well. For example, the employer could be liable if they were negligent in their hiring practices.
Certain truck accidents occur due to road hazards. These hazards could include poor maintenance, like loose gravel or missing road signs. It could also result from defective road designs.
Every stretch of public roadway is the responsibility of a local, state, or federal government. When these roads are defective, you may be able to file suit against the government for the injuries you suffered in your accident.
For a free legal consultation with a truck accident lawyer serving Norcross, call 404-214-2001
How Truck Regulations Could Impact Your Injury Case in Norcross
Before you can recover a monetary award following a truck accident, you must first establish the other party was responsible for the crash. Typically, this involves showing that the operator of the commercial truck was negligent in some way.
In some cases, a truck driver’s negligence is no different from the vast majority of other car accident cases. Truck drivers make the same mistakes as every other motorist, including failing to yield, driving too fast for conditions, or failing to stop at a traffic light.
In other situations, establishing negligence could require proof that the truck operator failed to adhere to federal regulations while behind the wheel. Although these regulations do not apply to personal vehicles, they are an important part of commercial trucking. A violation of these regulations may serve as evidence of negligence.
Examples of Violations That Can Indicate Negligence
One of the most important regulations for truck drivers revolves around their “hours of service.” Federal and state laws limit the amount of time a driver can remain on the road without taking a break. The limits on these regulations apply both daily and weekly. When a truck operator exceeds these regulations, they can become fatigued and cause an accident.
Another example of a violation involves properly securing cargo. If a truck driver or another employee of a company fails to follow weight restrictions and safety procedures when loading cargo, products may fall from the truck during transit and cause an accident.
Norcross Truck Accident Lawyer Near Me 404-214-2001
There is a Short Deadline to File Your Injury Lawsuit in Norcross
If you are considering a personal injury lawsuit following your truck accident, it is vital that you understand the requirements of the statute of limitations, which is a deadline by which you must file your lawsuit.
In Norcross, the statute of limitations generally runs for a two-year period, according to O.C.G.A § 9-3-33. This period begins on the date the accident happened. Although there are a handful of exceptions that could extend the statute of limitations, these rarely apply.
What Happens if You Miss the Deadline?
The consequences of failing to comply with the statute of limitations can be steep. If you file your lawsuit after the deadline expires, you can expect the defendant to file a motion to dismiss your case with prejudice. Under most circumstances, the court is likely to grant this motion.
A dismissal with prejudice brings your case to a permanent end. Even if the underlying facts of your case are strong, you will not be able to file your lawsuit again. The attorneys of Kaine Law can help you keep tabs on all of the important deadlines in your case.
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Consider Working with an Attorney from Our Firm Serving Gwinnett County
Truck accidents have the potential to dramatically alter your way of life. Simple tasks like shopping for groceries or cleaning your home could become difficult due to your injuries. These injuries can also have a harsh impact on your financial situation.
If you are ready to move forward with your truck accident case, the team at Kaine Law is here to help. Call (404) 214-2001 for your free consultation. See what our truck accident lawyers serving Norcross can do for you.