If you have recently been involved in a truck accident, then you’re probably wondering how to go about getting compensation for your injuries. It’s probably the first thing anybody would think of after getting hit by a tractor trailer. Truck accidents are so much more dangerous than other types of accidents.
When a truck accident lawyer in Riverdale meets with clients who have been involved in a truck accident, they have usually suffered catastrophic injuries. Our personal injury lawyers have seen more than their fair share of accident victims who end up disabled after their crash.
Knowing how much pain and anguish our clients go through makes our truck accident lawyers at Riverdale work even harder to get their clients the compensation they deserve. It’s hard to believe that the insurance company in a lot of these cases didn’t payout on our client’s claims. In some of the cases we handle, the evidence was overwhelming and there was no doubt the trucker was at fault. However, for some reason, the insurance adjuster thought it would be better if they denied the claim.
Here, we will discuss what your personal injury lawyer in Riverdale, Georgia must do to prove fault. Then we’ll discuss, in detail, the types of damages you can demand in your accident case. If, in the meantime, you have questions about your own truck accident case, give us a call.
Your Truck Accident Lawyer in Riverdale Must Prove Fault First
Before you can even think about collecting damages, your personal injury lawyer in Riverdale, Georgia must prove that the truck driver was at fault. This is the same as any other car accident case. Unless your attorney can prove negligence, you won’t be entitled to damages.
To prove negligence, your truck accident lawyer in Riverdale will have to demonstrate four things. These include:
- You must prove that the truck driver owed you a duty of care. In any motor vehicle accident case, you must show that the other driver didn’t behave the way a normal person would have given the circumstances. At a minimum, the truck driver is required to follow all laws and federal regulations.
- You also have to demonstrate that the defendant breached their duty of care. In order to show that the truck driver breached their duty, you have to show that they either broke a traffic law or violated one of the federal regulations. For example, the federal regulations hold that a driver can’t drive for more than 8 hours straight without a half hour break. If your personal injury lawyer in Riverdale, Georgia can show that they did, it would be proof of breach.
- Obviously, you must be able to show that you were injured. Contrary to what many people believe, it’s not enough that you were involved in a tractor trailer accident. If you can’t demonstrate that you suffered a physical or financial loss, you won’t be entitled to compensation.
- Finally, you have to prove that your injuries were caused by the defendant’s breach of duty. This shouldn’t be all that hard to prove. As long as you went to the hospital for treatment immediately after your crash, the defendant’s lawyer will be hard pressed to prove that something other than the crash caused your injuries.
Once your lawyer proves these four things, they can proceed with their demand for damages.
The Defendant May Demonstrate that You Were Partially at Fault
Sometimes, the defendant’s attorney is able to prove that you were partially at fault for the crash. This might frustrate you, but you have to keep in mind that it’s very rare for any driver to be 100% responsible for a truck accident. If the defendant can prove that you were partly at fault, your damages will be reduced by your percentage of fault. This is because Georgia follows the comparative negligence rule.
If, for example, you originally sued the defendant for $500,000, but you were found to be 20% at fault, your damages will be reduced by $100,000. Of course, the defendant’s attorney will have to prove that you were at fault. As long as you’re less than 50% at fault, you’ll still be able to recover damages. Your attorney knows this going into settlement negotiations. They will fully expect the defendant’s attorney to offer a low settlement based on your liability. Rest assured, your personal injury lawyer in Riverdale, Georgia will fight to get you as much money as possible.
Your Personal Injury Lawyer in Riverdale, Georgia Will Demand Damages in Your Complaint
In most truck accident cases, the victims are entitled to significant damages. Given the nature and extent of your injuries, you may be entitled to some or all the following types of damages:
-
Medical Bills and Future Medical Bills
The defendant will be liable for any medical bills you’ve accrued as a result of your accident. They can also be held responsible for any future medical care you will need.
-
Property Damage
It should go without saying that the other driver should pay to have your vehicle repaired or replaced.
-
Lost Wages
If you miss more than a couple of weeks from work, you can demand reimbursement from the defendant.
-
Lost Future Income
If your injuries were so severe that you can no longer do the same type of work you did before the crash, you can demand these damages.
Your truck accident lawyer in Riverdale will determine the difference between what you would have earned had you not been in the accident and what you will learn on disability. Whatever this difference is, it will be multiplied by the number of years you have left until retirement.
-
Pain and Suffering
In most all truck accident cases we handle, our clients demand damages for pain and suffering. These damages are intended to compensate you for any physical or mental anguish you experienced as a result of the crash.
Contact a Seasoned Truck Accident Lawyer in Riverdale, Georgia
If you or your family were injured in a tractor trailer accident, call our office right away. You can sit down with an experienced truck accident lawyer in Riverdale and explain what happened in your case. They will review any correspondence you have as well as a copy of your medical records. They will also review a copy of the police report to see what information they can glean from the investigation.
We suggest you contact our office right away so you can schedule your free, initial consultation. One of our personal injury lawyers in Riverdale, Georgia can review your case and give you an idea of what it’s worth. You can expect the defendant to have a team of lawyers working for them, and you should too. Having an attorney by your side will certainly increase your chances of being fairly compensated.
