Tenacious Truck Accident Attorney Helping Victims in Atlanta, Locust Grove, Greensboro and Beyond.
Suffering injuries in a motor vehicle collision can be painful, disruptive, and anxiety-inducing for a victim. This is especially true when the accident involves a massive semi-truck. These heavy vehicles pose a serious threat to motorist and pedestrian safety, especially when truck drivers fail to pay adequate attention behind the wheel or when trucking companies bend the rules that were put in place to protect other drivers. Atlanta truck accident attorney Ben F. Windham has litigated numerous personal injury cases on behalf of truck accident victims and their families. Navigating the legal process while you are also coping with painful injuries and major disruptions in your life can be overwhelming. Let us assist you in securing the compensation that the law allows you to receive.
Establishing the Liability of a Driver or a Company for a Truck Accident
If you have been injured in a truck accident, you might be able to bring a negligence claim against the driver who was operating the truck that struck your vehicle. You may also be able to bring a claim against the trucking company that employed the driver if the driver was acting in the course and scope of employment at the time of the accident, whether or not the company itself acted carelessly. Georgia has recognized a legal theory called vicarious liability that holds employers liable for the negligent acts that their employees commit during the course of their work. In a negligence lawsuit, you will need to show that the defendant failed to use reasonable care and skill at the time of the crash and that this failure was the cause of your injuries and damages. Common examples of how truck drivers can use inadequate care include engaging in distracted driving activities such as texting or talking on the phone, failing to properly apply the brakes, or failing to check a blind spot.
There are also many state and federal regulations that govern how trucks must be operated and maintained. Many of these regulations cover the safe and proper loading of truck cargo, driver certification requirements, and the number of hours that drivers can operate their trucks. It is important to retain a truck accident attorney in the Atlanta area who is familiar with the regulations and can investigate whether any violations may have occurred since this type of evidence can bolster your case.
After proving that the defendant failed to act with adequate care and skill, you must next show that this failure was the cause of the injuries that you suffered. Sometimes both drivers share the responsibility for a crash. For example, if a rear-end collision occurred after a sudden stop, it is possible that the rear driver should have braked sooner and also that the front driver’s taillights were not working. The jury might apportion some of the fault to each driver in that situation. If the plaintiff was 30 percent responsible for causing the accident, they could receive 70 percent of their damages from the defendant.
The last element of a negligence claim involves determining the amount of compensation that the plaintiff is entitled to receive. Common items of damages that plaintiffs seek in truck accident lawsuits include medical bills, missed wages, loss of future earning capacity, and ongoing future medical care costs. To ensure that you receive the maximum amount of compensation that you deserve, you may want to keep diligent records of your expenses. Additionally, expert witnesses can be retained to help estimate the future costs associated with reduced earning capacity and diminished quality of life.
Meet with a Knowledgeable Atlanta Truck Accident Attorney
A truck accident is a stressful experience for a victim and their loved ones. Whether you are coping with devastating injuries or the sudden death of a loved one, the compassionate and dedicated staff at Ben F. Windham, P.C. is ready to help you seek justice. We proudly serve accident victims in Atlanta, Roswell, Alpharetta, Decatur, Dunwoody, Sandy Springs, Stone Mountain, Cumming, Brunswick, and Lawrenceville, as well as other cities in Fulton, DeKalb, Forsyth, Gwinnett, and Glynn Counties. To schedule a free consultation with a truck accident attorney in Atlanta or elsewhere in Georgia, call us now at 1-833-BEN-WINS or contact us online.