Atlanta Truck Accident Lawyer

Atlanta Truck Accident Attorney

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. Large commercial trucks are essential to the economy, but they are also some of the most inherently dangerous vehicles on the road due to their size. If you experience an accident with any large commercial truck, you’re likely to suffer severe injuries and expensive economic losses you may not be able to recover on your own. An experienced Atlanta truck accident lawyer can be a vital asset in your efforts to recover.

The attorneys at Merritt & Merritt Law Firm have years of professional experience representing victims of all types of motor vehicle accidents in Atlanta, including commercial truck accidents. While these accidents often happen for the same reasons that other accidents involving smaller vehicles happen, resolving a truck accident case can be far more complex than many drivers initially realize. Trustworthy legal counsel will be crucial to your success in your case.

It is 6:00 in the evening and you turn on the news to hear for the second time this week that someone was injured or killed in an accident involving a semi-truck. As unfortunate as this is, the most important factor is always the victim. Hopefully, the victim is not you but in life things often happen unexpectedly. You need to know what to do if you or a loved one becomes a victim of a serious truck accident.

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.

Finding Trustworthy Legal Counsel in Atlanta

Involved in an accident with a commercial vehicle such as tractor-trailer, 18-wheeler, big rig, or semi truck? Call the Merritt & Merritt Law Firm today at 404-975-1775.

Regardless of the extent of the injury, the victim will be fighting an uphill battle to receive the compensation they deserve. Truck companies have deep pockets and will not hesitate to use their resources to place you as the cause of the accident or to grossly under compensate you for your injuries. It is important to know that as a victim you have rights and one of our attorneys is ready to assist you with those rights.

Merritt & Merritt Law Firm can provide the compassionate legal support you will need in the aftermath of any type of commercial truck accident. We have served truck accident victims in Savannah, Atlanta, Statesboro, and all of Georgia. We know the unique legal challenges these cases present compared to most other car accident cases and how to help our clients overcome them. You can rely on our team to guide you through whatever legal proceedings are necessary for your recovery.

Causes of Big Truck Accidents:

• Driver Fatigue: The driver has driven over the legal limit of 14 consecutive hours. A trucking company could face vicarious liability for an accident that results from its failure to properly enforce hours of service regulations for its drivers.
• Improperly Loaded Cargo: Cargo is overweight, unbalanced or shifts during transit. The party responsible for incorrectly loading the truck could face liability for the resulting accident if it is proven they failed to follow applicable packing regulations.
• Excessive Speed: Going over the speed limits set for semi-trucks and using excessive speed in unsafe conditions and sharp turns. Large commercial trucks require far more time and distance to slow down or stop to avoid collisions. Speeding is dangerous in any vehicle, but especially in a large commercial truck.
• Under Riding: When trucks lack adequate safeguards on the rear of the truck to prevent vehicles from plowing into them. In most cases, the top of the car is torn off and many of the passengers are seriously injured or killed.
• Intoxicated Driving: Unfortunately, intoxicated driving remains a leading cause of all vehicle accidents in the Atlanta area each year. If a truck driver operated their vehicle while under the influence of drugs or alcohol, they can not only face liability for the damages they caused but also criminal prosecution and loss of their commercial driver’s license.

As with any vehicle accidents, there will be physical and mental repercussions. However, being involved in an accident with a semi-truck can be devastating and may leave the victim permanently injured or cause death.

You can be sure that the trucking company will have a team of attorneys waiting to fight their legal battles. That is why it is imperative for you to contact an attorney who has experience dealing with semi-truck accidents and one who will work hard for you. An experienced Atlanta truck accident lawyer can help their client prove liability and claim compensation for their losses in the most efficient possible manner.

At Merritt & Merritt we strive to ensure that our clients first receive needed medical care and second the help they need to win their case. We understand the stress caused by major accidents and that’s why we guide you along the way. Accident victims are likely to have many questions regarding liability for their damages and how they can recover, and our goal is to provide the guidance and support you need in this difficult situation.

If you or your loved one was hurt or killed in auto accident involving a semi-truck or tractor trailer truck, the first step is to call Merritt & Merritt Law Firm. We understand how devastating and challenging it can be to fight with a big trucking company and that is why we prepare every case as if the case will be heard by a jury.

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.

How to Prove Liability for a Truck Accident

One of the most complex factors of many truck accident cases is proving fault. While fault may be perfectly apparent in some cases, it is less obvious than in others. It is possible for an at-fault driver to dispute their liability or for more than one party to share fault for an accident. Your first legal challenge in the aftermath of a truck accident is to prove the exact cause of the accident and identify the party or parties responsible for causing it.

Most truck accidents happen because of negligence, meaning the at-fault driver failed to meet a duty of care or failed to act with reasonable care in the situation. It is also possible for an accident to happen because of illegal misconduct like intoxicated driving. Before you can recover any compensation for your losses, you must gather evidence to show how your truck accident happened.

An experienced Atlanta truck accident lawyer can be an invaluable asset for this preliminary stage of your case. They will help gather the evidence you may need and identify all parties bearing liability for your damages. Once the fault is proven, you can proceed with claiming compensation for your damages. As you would expect after most other accidents, this process will begin with an auto insurance claim.

Understanding Trucking Industry Regulations

The trucking industry is one of the most heavily regulated industries in the United States, and compliance with these regulations is crucial for every trucking company and every company that employs commercial vehicle drivers. Trucking industry regulatory compliance could be a vital issue in any truck accident case in Atlanta, and your truck accident lawyer can explain any such issues that may arise in your unique case.

For example, the trucking industry must follow strict rules regarding hours of service for drivers to curb the chance of accidents from fatigued driving. Additionally, there are other regulations pertaining to the loading and securing of cargo as well as truck maintenance. Trucking companies are also required to perform extensive background checks on hired drivers and ensure they have proper training before assigning them to work.

It is vital to choose an Atlanta truck accident lawyer who has proven experience handling complex truck accident cases. These cases are very different from most other vehicle accident cases due to the nature of trucking industry regulations. Having the right attorney on your side will enable you to approach any such complex concepts with greater confidence and increase your chance of success with your case.

Dealing With Auto Insurance Following a Truck Accident

Every driver in the state is required to have auto insurance under the state’s fault rule. This rule requires a driver to have liability coverage for property damage and personal injury if they cause an accident. Their insurance will pay for the damages they caused up to the limits of the policy. Truck drivers and their employers may have greater insurance coverage than the average individual driver. However, it does not mean filing your claim will be easy.

Insurance companies will almost always fight claims for coverage, looking for all the reasons they can find to deny a claim or justify the lowest possible settlement offer they can convince a claimant to accept. It is imperative to have legal representation on your side when you file an auto insurance claim after a truck accident. Once the insurer sees that you are represented by counsel, they will be less inclined to attempt any bad-faith handling of your case.

Your Atlanta truck accident lawyer can help gather the supporting documentation you will need to submit with your insurance claim. The insurer will review the claim and, if they approve it, issue a settlement offer. Your attorney can then review the offer to make sure it is acceptable. If any issues arise, your attorney will know how to resolve these problems until you receive a suitable settlement offer.

Filing a Personal Injury Claim for a Truck Accident in Atlanta

If the at-fault driver does not have auto insurance, or if their insurance will not cover all your claimable damages, a personal injury suit will be your preferred legal mechanism for recovering your losses. Success with your personal injury claim will hinge on your ability to accurately identify the party or parties responsible for your damages and prove the exact extent of those damages.

Your Atlanta truck accident lawyer can help compile the various forms of evidence and the witness testimony you will need to assert liability for your damages. They will also help you accurately assess your claimable damages, potentially uncovering channels of recovery you did not realize were available to you. It is possible for you to recover much more than you initially anticipated if you have the right attorney to handle your case.

The state’s personal injury statutes enable an injured plaintiff to seek full repayment of any financial losses they suffered because of the defendant’s actions. For most plaintiffs, these economic damages are likely to include property losses, medical bills, and lost income. However, they are also able to claim compensation for projected future economic losses the defendant has caused, such as ongoing medical treatment costs and lost future earning capacity.

The plaintiff also has the right to seek pain and suffering compensation, but they may need help determining a suitable amount. Georgia does not limit non-economic damages in personal injury cases, nor does the state require the plaintiff to use a specific formula to calculate these damages. You have the right to seek whatever amount you deem reasonable to reflect the scope and severity of the harm you experienced.

A plaintiff who has suffered catastrophic physical injuries resulting in permanent disability is likely to recover more compensation for their pain and suffering than a plaintiff expected to make a full recovery. For many accident victims, pain and suffering compensation accounts for the bulk of their recoveries. When you hire Merritt & Merritt Law Firm to represent your case, we will do everything we can to maximize your case award as much as state law allows.

Wrongful Death Claims for Fatal Accidents

Unfortunately, there is a high risk of fatal injury any time a large commercial truck crashes into another vehicle. If your loved one recently died in a fatal truck accident, your family would likely have grounds to file a wrongful death suit. This type of personal injury claim applies when a victim does not survive their injury, enabling their family to seek accountability and compensation for the losses the death has inflicted on them.

While a wrongful death claim is procedurally similar to most other types of personal injury claims, these are inherently emotional cases, and it can be very difficult for the surviving family to manage their grief and their legal affairs all at once. Your Atlanta truck accident lawyer can be an invaluable asset if you must pursue a wrongful death claim in response to a fatal truck accident that took a family member’s life.

Resolving a Personal Injury Claim in Atlanta

Once you have compiled the evidence needed to prove fault and established the extent of the damages you are seeking from the defendant, it is possible to resolve a claim through private settlement negotiation or litigation. Many personal injury claims are resolved privately due to the advantages that settlement offers both parties. This can potentially allow them to resolve a case far more quickly than litigation.

If a case is contested or an agreement cannot be reached in settlement negotiations, the case will need to go to trial. Litigation can take much longer to resolve than settlement, sometimes lasting several months to more than a year. Your Atlanta truck accident lawyer can provide ongoing support and guidance through all stages of your courtroom proceedings if you must litigate a truck accident claim.

What to Expect From Your Atlanta Truck Accident Lawyer

The team at Merritt & Merritt Law Firm excels at resolving complex motor vehicle accident cases, including those that involve large commercial trucks. We have years of experience addressing the unique legal issues these cases often present, so we are confident in our ability to provide our clients with the guidance and support they will need to reach a positive outcome to their impending truck accident case in Atlanta.

When you choose our firm to represent you, we can immediately begin our investigation into the details of your accident. We can start gathering evidence as quickly as possible to ensure its freshness and reliability, especially when it comes to witness statements that become less reliable over time. Once we have helped you determine liability for your accident, we can create a cohesive and efficient strategy to maximize your recovery.

Securing maximum compensation for your damages after a truck accident is likely to require an auto insurance claim followed by a personal injury suit when insurance can’t fully cover your losses. You can rely on your Atlanta truck accident lawyer to guide you through the insurance claim filing process and resolve any disputes raised against your claim. If you have grounds to file a personal injury suit, you are more likely to win your case with your attorney’s help.

Whether you can resolve your personal injury case privately through settlement or must take the case to court, you can rely on Merritt & Merritt Law Firm for unwavering support through every phase of your truck accident case. Our goal is to help maximize your recovery in the most efficient manner, and we have a proven record of success that shows that we are capable of providing the legal counsel you need for this challenging type of case.

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:

1. That you were negligent; and
2. 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.

FAQs

Q: How Much Compensation Can I Receive for a Truck Accident Claim?

A: The amount of compensation you could receive for a truck accident claim will depend on the severity of your damages. If you are able to prove another driver directly caused the accident, they are liable for your economic and non-economic damages, and your Atlanta truck accident lawyer can help you accurately calculate the full value of all the various damages you can claim from the defendant.

Q: How Can I Prove Liability for a Truck Accident in Atlanta?

A: You can prove liability for a truck accident in Atlanta, Georgia by leveraging various forms of physical and digital evidence along with witness testimony. Your Atlanta truck accident lawyer can help secure trucking company maintenance records and regulatory compliance information, statements from witnesses and others involved in the accident, physical evidence from the scene of the crash, and digital evidence like cell phone records and traffic camera footage.

Q: What Happens if I Share Fault for a Truck Accident in Atlanta?

A: If you share fault for a truck accident in Atlanta, the state’s modified comparative fault statute will apply to your case. You will have a fault percentage assigned to reflect your level of liability and will lose a corresponding percentage of your case award as a penalty. However, this only applies if your fault is less than 50%. Any fault over this threshold prevents you from claiming compensation from any other liable party.

Q: What Are the Benefits of Hiring an Atlanta Truck Accident Lawyer?

A: The benefits of hiring an Atlanta truck accident lawyer include the ability to rest and recover with peace of mind while your attorney handles your legal affairs, a greater chance of success with all your recovery efforts, an easier time dealing with insurance companies, and a greater likelihood of maximizing your recovery from a personal injury claim. It is always worth having legal counsel you trust on your side for any type of truck accident claim.

Q: What Does It Cost to Hire an Atlanta Truck Accident Lawyer?

A: The cost to hire an Atlanta truck accident lawyer will vary from attorney to attorney. At Merritt & Merritt Law Firm, our firm only collects a fee from a client after we have won their case. Additionally, their fee is a percentage of the total compensation we secure for them, so there is no risk of the client paying more for our representation than they win in compensation for their losses.

Merritt & Merritt Law Firm is ready to provide the compassionate and responsive legal counsel you need to approach your truck accident claim with confidence. We have the skills and experience needed to handle the toughest cases, and you can contact our team today to schedule a free consultation with a trustworthy Atlanta truck accident lawyer with your recovery. Don’t wait for the big trucking company to deny liability. Give us a call today at 404-975-1775.