According to the most recent statistics available from the National Highway Traffic Safety Administration, almost 9% of all fatal accidents in the state of Georgia involve large trucks. To make matters worse, preliminary studies suggest that these numbers are on the rise. Call our truck accident attorneys today at 404-975-1775.
While not all truck accidents result in fatalities, it does emphasize the fact that truck accidents happen more often and are far more serious than many people expect. If you have been involved in a truck accident, an Atlanta truck accident attorney from our firm can review your case and discuss your options.
Truck Accidents Often Result in Severe Injuries
Because of their size and weight, trucks exert a tremendous amount of force in the event of an accident. This means that truck accident victims often suffer more serious injuries than in other types of motor vehicle accidents. These injuries can change your life forever, especially when they result in permanent disabilities or disfigurement. An Atlanta truck accident attorney can help you get fair compensation if you have suffered one or more of the following types of injuries:
- Broken bones
- Internal organ damage
- Torn ligaments and tendons
- Neck and spinal injuries
- Concussions and traumatic brain injuries
- Dismemberment
- Severe burns and lacerations
Injuries such as these often require extensive medical treatment and pose numerous other challenges, making it difficult to work, take care of your family, and simply live your daily life. An Atlanta truck accident lawyer can help you get your life back by getting you fair compensation for your injuries and other losses.
You May Have a Claim Even if Your Injuries Weren’t Immediately Apparent
Modern vehicles do a tremendous job of protecting us from serious injuries in the event of an accident. Safety features such as seatbelts and airbags have dramatically reduced the number of severe injuries that people suffer in the event of an accident. Regardless, people do still suffer injuries despite these features, especially when it comes to truck accidents.
Your injuries may not manifest themselves right away. Your symptoms may not be apparent until several days or maybe even weeks after your accident. Some examples of injuries that may not be immediately apparent include the following:
- Soft tissue injuries
- Concussions
- Nerve damage
- Whiplash
- Sprained or strained joints
- Hairline or partial fractures
Whatever your symptoms may be, it is critical that you listen to your body and get a thorough medical examination at your first opportunity. If you have suffered an injury, you should contact an Atlanta truck accident attorney to discuss whether you may have a claim.
You May Be Entitled to Compensation if Your Truck Accident Was Caused By Negligence
Negligence is the failure to take due care to avoid causing an accident that would result in injuries to others. In the context of a truck accident, both the driver and the trucking company can be negligent. Here are some examples of negligence in trucking accidents:
- Driving in violation of traffic laws or trucking regulations
- Driving too fast for conditions
- Driving while fatigued or drowsy
- Negligent truck maintenance
- Encouraging drivers to drive unsafely
- Failing to ensure that drivers have adequate training and supervision
Generally speaking, the trucking company can be held liable for the driver’s negligence. As a result, you will have to pursue your claim against a corporate entity, which means that they will most certainly be in consultation with a lawyer. To level the playing field and get the compensation you deserve, you need an Atlanta truck accident attorney on your side.
Is the Truck Driver Claiming That You Are Partially At Fault in Causing the Accident?
The driver in many truck accidents will attempt to avoid responsibility by claiming that the accident was simply unavoidable. In other cases, however, they may try to blame you.
We cannot emphasize enough that you should not admit responsibility to any degree, even if you think your actions may have contributed to the accident. We are not telling you to be untruthful or shirk your responsibility, but it is vital that you avoid accepting any responsibility for the accident until all of the facts are clear.
Even if you are partially at fault, you may still have a claim. Georgia follows what is referred to as the “modified comparative negligence rule” which allows accident victims to recover compensation if their own negligence contributed less than 50% to the accident.
For example, let’s assume that the truck driver ran a red light and struck you as you were crossing the intersection. At the time of the accident, you were speeding. Both you and the truck driver were negligent to some degree, but a jury decides that your negligence only contributed 10% to the accident. As a result, you can receive compensation for all of your losses, minus the 10% that your own negligence contributed to the accident. If the jury awarded $500,000 in damages, you would be entitled to receive $450,000 in compensation.
If the situation were reversed, however, you would be prohibited from recovering any compensation, even if your negligence contributed 51% to the accident.
Contributory negligence is a defense that must be raised by the other party. In order to prevail, they must prove two things:
- That you were negligent; and
- That your negligence contributed to the accident.
Insurance companies and trucking companies will attempt to use contributory negligence as a way to dissuade accident victims from pursuing claims, even though the argument has no merit. An experienced Atlanta truck accident attorney will be able to assess their argument and gather the evidence you need to refute it.
Talk to an Atlanta Truck Accident Attorney from Merritt & Merritt Law Firm Today
Truck accident victims often feel overwhelmed and afraid for their future. When you contact our firm, our first step is to put your mind at ease by giving you a candid assessment of whether or not you may be entitled to compensation. Call us today at 404-975-1775 to schedule a free consultation to discuss how we can help you start moving forward.
