Truck accidents are a significant concern on American roadways, with large vehicles involved in tens of thousands of crashes annually. According to federal transportation data, these accidents often result in severe injuries and thousands of fatalities each year. The size and weight of commercial trucks make collisions especially dangerous for occupants of smaller vehicles, leading to life-changing consequences for many individuals and families.
The Athens truck accident lawyers at Childers & McCain, LLC represent individuals impacted by serious truck crashes. We fight to protect their rights, working to get them the compensation they deserve. Our team explains the legal process, gathers evidence, and answers their questions about common types of truck accidents.
What Are the Most Common Types of Truck Accident Injuries?
Truck accidents can result in wide-ranging injuries, including:
- Cuts and Lacerations: Caused by shattered glass or debris, these injuries may require stitches or result in scarring.
- Soft Tissue Injuries: Sprains, strains, or bruising of muscles, ligaments, and tendons are common in truck accidents.
- Whiplash: A neck injury caused by the rapid back-and-forth motion of the head during a collision.
- Fractures: Broken bones, often affecting arms, legs, ribs, or the pelvis, due to the impact or being crushed.
- Head Injuries: Concussions, skull fractures, or traumatic brain injuries can occur from hitting the steering wheel, dashboard, or windows.
- Back and Spine Injuries: Herniated discs, spinal cord damage, or other back injuries can lead to chronic pain or, in severe cases, paralysis.
- Internal Injuries: Damage to organs or internal bleeding caused by the force of impact or broken ribs.
These injuries often require prompt medical attention and ongoing care.
What Damages Am I Entitled to After a Truck Accident?
Potential compensation following a truck accident can be grouped into categories:
‘Economic’ damages refer to tangible losses such as medical expenses, lost wages, and property damage. Medical expenses can include costs for emergency care, surgeries, rehabilitation, and ongoing treatments. Lost wages compensate for the income lost due to time off work and, in some cases, diminished earning capacity if injuries affect your ability to work long-term.
‘Non-economic’ damages address intangible losses such as pain, suffering, and emotional distress. These damages are more challenging to quantify but are equally important in reflecting the impact of the accident on your quality of life.
In some cases, ‘punitive’ damages may be awarded to punish the at-fault party if their conduct was especially reckless or egregious.
Our Athens truck accident lawyers can evaluate your case and determine the types of damages you may be entitled to pursue based on the unique facts of your situation.
Who Can Be Held Liable in a Truck Accident?
Liability in a truck accident can involve multiple parties, making these cases more challenging than the average car accident claim. The truck driver is often the first party examined for liability, especially if they violated traffic laws, drove under the influence, or failed to follow federal trucking regulations.
The trucking company may also bear responsibility if it fails to properly maintain the vehicle, ignores safety protocols, or allows a driver with a poor safety record to operate the truck. In addition, cargo loaders can be liable if improperly loaded or unsecured cargo contributed to the accident. Manufacturers or maintenance providers may also share liability if defective parts or improper repairs play a role.
Determining liability requires a thorough investigation, which may include examining the truck’s black box data, reviewing maintenance logs, and consulting with accident reconstruction professionals. Our Athens truck accident lawyers can work to uncover all responsible parties and hold them accountable.
What Laws Govern Truck Accident Cases in Georgia?
Georgia truck accident cases are governed by a combination of state and federal laws. At the federal level, the Federal Motor Carrier Safety Administration (FMCSA) regulates various aspects of commercial trucking, such as hours-of-service rules, vehicle maintenance standards, and driver qualifications. These regulations are designed to improve safety and reduce accidents involving large trucks.
Georgia state laws also play a significant role, particularly regarding liability and negligence standards. Georgia follows a modified comparative negligence rule, which means that an injured party can recover damages as long as they are not more than 50% at fault for the accident. However, any percentage of fault attributed to the injured party will reduce the amount of compensation they can receive.
How Long Do I Have to File a Truck Accident Claim in Georgia?
The statute of limitations for truck accident claims in Georgia is generally two years from the date of the accident. This time frame applies to claims for personal injury and wrongful death. If you fail to file a claim within this period, you may lose the right to pursue compensation.
It is essential to act promptly because building a strong case often involves gathering evidence, interviewing witnesses, and analyzing documentation such as medical records and accident reports. These tasks can take time, and delays may result in the loss of critical evidence or diminished witness recollections. Our Athens truck accident lawyers can help you adhere to the applicable time frame.
What Role Does Insurance Play in Truck Accident Cases?
Insurance coverage is a significant factor in these cases, as commercial trucks are typically insured at higher limits than passenger vehicles. Depending on the circumstances, the truck driver’s insurance, the trucking company’s liability insurance, and any additional policies may come into play.
Dealing with insurance companies can be challenging. Insurers may attempt to minimize payouts by disputing liability or downplaying the severity of injuries. Trucking companies and their insurers often have legal teams dedicated to protecting their interests, which can make it difficult for individuals to secure fair compensation without legal assistance.
Our Athens truck accident lawyers can negotiate with insurers on your behalf, considering all available coverage and reviewing settlement offers. If a satisfactory resolution cannot be reached through negotiation, we can also represent you in court.
The Skilled Athens Truck Accident Lawyers at Childers & McCain, LLC Are Ready to Take Your Call
Truck accidents can have life-altering consequences, but you do not have to face the legal challenges alone. The experienced Athens truck accident lawyers at Childers & McCain, LLC are dedicated to advocating for those affected by truck accidents in Athens. Call our office in Macon, Georgia, at 478-254-2007 for a free consultation or submit our online form. We serve clients in Savannah, Albany, Atlanta, Bibb County, Chatham County, Columbus, Crawford County, Oglethorpe, and Peach County.
