Weaver Law Injury Attorneys can help you through the claims process when you’re hurt in a truck accident in Cumming. More so than perhaps any other type of vehicle accident, one involving a large truck leaves you and your family facing serious physical, emotional, and financial challenges. Our Cumming personal injury lawyers can help you and your family get the financial and legal support needed to recover. Contact us today for a free consultation.
Why Do You Need a Lawyer After a Truck Accident?
When you’re in a truck accident, it might be the same legally as any other, but it’s very different in reality. It’s not hard to see why: a semi-truck or even larger box truck is much heavier than your vehicle. This increases the impact and–unfortunately–the damage. If you’re in this situation, it’s important to consider legal help. Here’s how our truck accident lawyers can help you:
- Determining fault – Truck accidents can be complicated, especially because there’s usually multiple people and groups involved. We’ll figure out who’s responsible for your accident and guide you through the claims process.
- Collecting key evidence – We’ll gather medical records, photos, videos, and other crucial evidence to build a strong case.
- Dealing with insurance companies – Whether it’s the truck driver’s or the company’s insurance company, we’ll handle negotiations to get you a fair settlement.
- Providing support – We’ll be with you every step of the way, so you can focus on your recovery.
Every truck accident case is different, and we tailor our approach to fit your needs. Most of all, we want to make sure you get the legal support you need for a strong case, and we also want to make the process as easy as we can for you.
Who Pays for Damages in a Truck Accident Claim?
Aside from injuries and the damage they cause, what separates a truck accident from a normal car accident is how difficult it can be to figure out who’s responsible. While the basic legal process remains the same–assigning negligence–it can be harder to pinpoint exactly who’s at-fault, given the number of different people involved.
In the vast majority of truck accidents, liability could fall on any (or multiple) of the following:
- Truck driver or trucking company – Usually, the driver and the trucking company may are going to at least share responsibility for your damages. The driver is liable if their negligence (speeding, driving while impaired, fatigue) causes the accident, while the company could be liable if the driver was working within the scope of their job.
- Truck manufacturer or parts supplier – If the accident was caused by a defect in the truck or its parts, the manufacturer may be held accountable. This could include issues like faulty brakes or engine failure.
- Maintenance workers – Trucks require much more regular maintenance and upkeep than normal vehicles. If the truck had mechanical issues that weren’t properly addressed during regular maintenance, the maintenance company could be responsible. Similarly, if negligent repairs lead to the accident, the company or workers may be liable for damages.
- Cargo companies or loaders – If the truck’s cargo was improperly loaded or secured, leading to an accident, the company or workers in charge of loading may be held liable for your damages. Unbalanced or improperly-loaded cargo can cause dangerous driving conditions that result in accidents.
- Government agencies – Poorly maintained roads or unsafe conditions like potholes or lack of signage can be factors in a truck accident. If the government agency responsible for road maintenance neglected its duties, they could be liable for damages.
- Other drivers – In some cases, another driver might be partially or fully responsible for the accident. For example, if a driver’s actions caused the truck driver to swerve or lose control, that driver could be at-fault.
As you can see, a truck accident is going to have a lot of different moving parts. Still, it’s vital to pinpoint liability as much as you can, since this is often who will have to pay for your damages–which will probably be significant.
How Can You Recover Damages in a Truck Accident Claim?
One way that a truck accident is the same as a regular vehicle accident lies in how you actually get your damages. As a victim, you have the right to file an injury claim against whoever is responsible to get financial support for your injuries and other losses.
To do this, you can either:
- File an insurance claim out of court.
- File a personal injury lawsuit.
We can help guide you through the process to choose the best option for your situation. The goal is to recover damages for things like:
- Medical expenses from the accident, both current and in the future
- Lost wages due to the accident
- Future income loss if your injury is permanent
- Vehicle repair or replacement costs
- Pain and suffering from the accident
- Emotional distress caused by the accident
- Diminished quality of life due to your injuries
- Scarring or disfigurement resulting from the accident
- Wrongful death expenses, including funeral and burial costs
While the process may vary, one constant is the statute of limitations. In Georgia, you have two years from the date of the accident to file your claim. Missing this deadline could mean losing the chance to recover your damages. But how much you can recover depends on how strong your claim is, which in turn depends on how you respond after the accident itself.
What Do You Need to Do to Protect Your Truck Accident Claim?
Because a truck accident is much more likely to be serious in terms of the damage, you might think that you don’t really need to do anything to put together a strong claim. In actuality, though, getting the right information and evidence can be hugely difficult in a truck accident–not just because of the seriousness of the collision, but also because you probably can’t do anything at the scene. Still, in one form or another, you need to do what you can to take the following steps after a truck accident to protect your claim:
- Call 911 – The first thing to do is call 911. EMTs will assess and stabilize any injuries, and the local police (usually the Cummings Police Department, Georgia Highway Patrol or Forsyth County Sheriff’s Office) will manage the scene and gather crucial information from the truck driver and anyone else involved. You’ll probably have to lean on this information initially to get the claims process started.
- Document the scene – If you’re able, take photos of the scene and write down details such as the time, date, weather conditions, and the truck involved. Exchange contact and insurance details with the truck driver, other people, and any witnesses.
- Be careful with statements – Be cautious about what you say to police or insurance reps. Stick to the facts and cooperate fully, but avoid making statements that could be used against you by insurance companies trying to reduce their liability.
- Keep evidence – Hold on to all relevant documents, including medical records and repair estimates. These will be vital when working with insurance companies or handling legal matters.
While truck accidents often lead to serious injuries, it’s important to try to gather evidence to build a solid claim. If you’re unable to take all these steps due to your injuries, we can help make sure the necessary actions are taken to protect your rights.
What Types of Truck Accidents Happen in Cumming?
No matter where they happen in Cumming, there’s a few different types of truck accidents that can happen:
- Rear-end collisions – Many trucks have difficulty stopping quickly because of their immense size and weight. These accidents often happen when drivers are distracted, fatigued, or when their cargo isn’t loaded properly.
- Jackknife accidents – When a trucker slams on the brakes suddenly, the trailer swings out at a 90-degree angle. These accidents can cause damage not only to other vehicles but also to the truck itself.
- Underride accidents – These happen when your car collides with the side of a truck and goes underneath the trailer. These accidents are often serious in terms of injury, because you’re pinned underneath the truck.
- Rollover accidents – Rollover accidents happen when a truck’s cargo is improperly loaded or when there are issues with the truck’s mechanics. The truck’s weight and momentum can cause it to flip over, which is dangerous for everyone on the road.
While these are common types of truck accidents, any type of collision can happen when these vehicles are involved. Regardless of what kind of accident you’re in, it’s crucial to consult with our experienced truck accident lawyers who can guide you on the next steps and support you through the recovery process.
Frequently Asked Questions
Does it matter if the truck driver owns the truck?
No. Whether the driver is an owner/operator or works for a trucking company, if they were negligent and caused the accident, they’ll be held responsible for your damages.
How do I know what caused the truck accident?
You probably won’t be able to figure out if the cargo loading company or parts maker will be responsible for causing your accident until our team can investigate further. In the meantime, try to get as much information as you can at the scene of the accident from the driver or trucking company.
Can my family file a claim if my truck accident injuries are fatal?
Yes. In Georgia, surviving family members can file what’s called a “wrongful death” claim when there’s a fatal accident.
Dedicated Legal Support for Cumming Truck Accident Victims
The injuries and damage that comes with a truck accident can change your life. Our team of experienced Cumming truck accident lawyers at Weaver Law Injury Attorneys understands the challenges you’re up against after a truck accident. We’ll support you throughout the entire claims process and make sure you get the most out of the claims process. Contact us for a free consultation to get your claim started.
