Truck Driver Negligence
Our supply chain relies on commercial truck drivers. They make up the backbone of our economy. While they are indispensable, they can also pose a hazard for other drivers who share the road. If you have been in a truck accident in Atlanta, our truck accident attorneys can assist in recovering compensation for your damages.
While any accident can be devastating and fatal, commercial truck accidents can be particularly catastrophic due to the sheer weight and size of a truck compared to a motor vehicle.
If an accident occurs, the truck typically does not suffer much damage. On the other hand, you could endure severe injuries like broken bones, loss of limbs, disfigurement, traumatic brain injuries, and spinal cord injuries. In some cases, reckless driving could result in wrongful death.
Suppose you or a loved one have been involved in a truck accident. In that case, you can file a claim for negligence, with the help of an established truck accident lawyer, against the truck driver, their company, the truck’s manufacturer, or another third party.
Should You Hold the Trucking Company Liable?
While truck drivers are trained to follow safety laws and regulations, sometimes accidents happen due to the truck driver’s negligent behavior, such as driving drunk, distracted driving, speeding, and more. If the truck driver were clearly at fault for the collision, a truck accident lawsuit would be filed against them first. Your truck accident attorney will help prove that they were negligent so you can recover financial compensation for medical bills, lost wages, pain and suffering, and even punitive damages.
Since truck accidents are almost always devastating, the injuries suffered can be chronic and severe. In some cases, people may require lifelong medical assistance and financial support for their injuries or wrongful death. You may also experience losses like property damage.
Filing for compensation with the driver’s insurance company may not cover the full extent of your damages if they only carry minimum liability insurance. You should consider seeking damages from the trucking company’s insurance policy.
You can recover compensation for damages from their insurance provider only after exhausting the responsible trucker’s insurance.
How Truck Drivers Can Be Negligent
Truck drivers have an expected duty of care towards other drivers and passengers on the road. They may be considered negligent if they violate that duty of care and cause injury or death. Some examples of truck driver negligence include:
- Reckless driving
- Driving under the influence of drugs or alcohol
- Aggressive driving
- Exceeding their Hours of Service
- Distracted driving
- Failure to inspect the vehicle
- Improper lane changes
- Improper training
- Traffic violations
If a big rig has hit you and they are at fault, you need to call an experienced truck accident attorney as soon as you can so we can help preserve critical evidence. Most major trucking companies hire insurance adjusters to minimize evidence of the truck driver’s negligence quickly.
How Do You Prove Negligence in a Georgia Truck Accident?
Many truck accident claims are resolved through settlements, while others go to trial. In either si, evidence for the case needs to be provided.
Most negligence claims require the following fundamental elements:
- Duty of care: Truck drivers have a duty to operate their trucks safely and reasonably
- Breach of duty: The truck driver breached their duty of care by not driving safely
- Causation: The truck driver’s negligence caused your injuries
- Damages: Any injuries you suffered resulted in damages
Successfully proving these elements through evidence will allow you to be compensated financially for medical bills, pain and suffering, lost income, and other damages.
Hire an Atlanta Truck Accident Lawyer Today
As we mentioned, more than one party can be held liable in a truck accident in Atlanta. In addition to regular accident damages, you could be eligible for damages like mental anguish and pain and suffering, along with punitive damages because the driver demonstrates deliberate recklessness, negligence, or aggression.
It is essential that you seek trusted legal counsel before trying to file a truck accident claim on your own. A professional personal injury attorney will review your case and evidence to identify which party was responsible for your damages. Your lawyer will help you gather critical evidence and file insurance claims to receive financial compensation. The trucking company will likely deny or undervalue your claim, which is why your trucking accident lawyer will fight for you and take your claim to court if necessary.
That is what the lawyers at Henningsen Injury Attorneys can offer. We work to achieve a suitable truck accident compensation that fairly covers any losses and damages.
Contact us now; we are available 24 hours a day, 7 days a week.