If you are the victim of a trucking accident in Georgia, you may be able to sue:
- The truck driver
- The trucking company
- A parts manufacturer
- A government agency
Our truck accident lawyers could help you seek justice and fight for you to receive the compensation you deserve.
Multiple Parties Can Be Responsible for the Truck Accident
Depending on the circumstances surrounding your case, various parties could be at fault or liable for any financial loss you suffer. These parties include:
The Truck Driver
A truck driver may be at fault for the accident if they were:
- Failing to yield or check their blind spot
- Driving fatigued
- Driving while intoxicated
- Driving distracted
- Turning or merging improperly
If the truck driver is at fault for the crash, they are usually not held liable. The doctrine of vicarious liability would make their employer financially responsible for your damages.
The Trucking Company
While the trucking company is responsible for their employees’ actions, it could have also played a role in the accident if it:
- Didn’t carry out thorough background checks
- Didn’t enforce safety protocols
- Pushed its drivers to make as many deliveries as possible—even if it meant not taking regular breaks and going overtime.
Vehicle Parts Manufacturers
Truck manufacturers must manufacture safe vehicles that are free from hazards. If a faulty truck was the cause of the accident, the manufacturer could be held liable for damages.
A Government Agency
City governments are responsible for keeping the streets clean and addressing road hazards promptly. If they can’t fix the situation quickly, they must warn road users to take precautions. If an accident transpires due to a government agency’s negligence, it may be responsible for the resulting damages.
What to Do After a Trucking Accident in Georgia
If you have been in a collision with a commercial truck, below is a list of actions to take:
Seek Medical Attention
The first thing you want to do is seek medical attention—even for minor injuries, as some serious injuries appear days later.
Contact the Police
If there is significant damage to the vehicle, physical injury, or death, you must contact the police. Police officers will assess the scene and issue a report that can be used as evidence in your personal injury claim.
Before leaving the scene, ensure that you get the names, contact information, and personal details of all the drivers involved. Ensure you obtain their driver’s license number and their addresses. While gathering this information, you want to be cordial and cooperative.
While it is important to remain respectful throughout, you should not apologize or explain why certain incidents happened. For instance, you do not want to say, “I‘m sorry I ran the red light.” By doing so, you will be admitting legal liability for the accident, and in such a time, it might not be clear who was at fault.
Talk to Witnesses
Collect the contact information of the witnesses. Get their names, phone numbers, and addresses, if possible. Their statements can help corroborate your side of the story.
Inform Your Insurance Company of the Crash
Promptly inform your insurance company about the accident. Give facts about what happened and the severity of your injuries. Obtain the police report to help point out the liable party.
Keep Track of Your Medical Treatment
Keep a detailed account of treatment and medications received. Request copies of the medical reports and bills to help you prove your medical expenditures later.
When seeking compensation, medical expenses are easy to prove; however, proving the extent of your pain and suffering can be challenging. You will want to document how the injuries impacted your life. Include missed days at work and the activities you missed because of your injuries.
Be Wary of Any Early Settlement Offers
Insurance companies can entice you with an early settlement offer. The offer could be less than what you deserve. Therefore, avoid settling your claim before you consult your attorney. Your attorney will help investigate the accident, gather evidence, and evaluate the amount of compensation that you deserve.
Avoid giving details about your accident to anyone other than your lawyer. Avoid engaging with any party from the other insurance company without your attorney’s knowledge.
Our Attorneys Can Help You Determine Liability
After taking the aforementioned immediate steps, what you want to do next is determine who was at fault. After an accident, it is not always clear whether you were at fault or to what extent you were at fault. Our truck accident lawyers can help you determine the fault in the accident and help you decide what damages you are eligible to recover.
Under O.C.G.A. § 51-12-33, Georgia follows the doctrine of comparative negligence, which means that your percentage of fault in an accident can affect the amount payable to you. If you were 40% at fault, your damages would be reduced by 40%.
Need to File a Lawsuit After a Trucking Accident? Get Legal Help Today!
Being injured in a trucking accident can cause life-altering injuries. Dealing with insurance companies when you need to concentrate on your healing can worsen the situation. Our attorneys can help you determine who you can sue after your truck accident in Georgia.
Contact George Sink, P.A. Injury Lawyers, for a free no-obligation consultation.