Unfortunately, truck collisions are common in Macon County, partly due to the heavy traffic on highways and interstates. When these accidents happen, the consequences can be life-changing, with severe physical injuries, financial burdens, and emotional stress. For individuals involved in truck accidents, it is essential to understand the legal options available and to seek proper representation to protect their rights.
These accidents happen for many different reasons and often involve multiple parties. The Macon County truck accident lawyers at Childers & McCain, LLC offer experienced legal assistance for those affected by truck collisions. Our team helps clients deal with insurance companies, determine liability, and, if needed, represent them in court.
What Are the Common Causes of Truck Accidents?
The most common causes of truck accidents include:
- Driver Fatigue: Truck drivers often work long hours, and fatigue can impair their ability to operate a vehicle safely. The federal government regulates the number of hours a truck driver can legally work, but violations of these regulations are not uncommon.
- Distracted Driving: Using a cell phone, adjusting the radio, or eating while driving can divert a truck driver’s attention from the road, increasing the risk of an accident.
- Speeding or Reckless Driving: Trucks require a longer distance to stop compared to passenger vehicles. Speeding or aggressive driving can make it difficult for a truck to stop in time to avoid a collision.
- Improper Loading: Overloaded or improperly secured cargo can cause a truck to become unstable, increasing the likelihood of an accident.
- Mechanical Failures: Poor maintenance or defective parts can lead to mechanical issues such as brake failure or tire blowouts, which contribute to accidents.
Who Can Be Held Liable for a Truck Accident?
Determining liability in a truck accident is often more complicated than in a typical car accident, as multiple parties may be involved. Potentially liable parties include:
- Truck Driver: If the driver was speeding, distracted, or driving under the influence, they may be held responsible for the accident.
- Trucking Company: A company that fails to maintain the truck properly, violates federal safety regulations, or pressures the driver to exceed hours-of-service limits could be liable.
- Cargo Loading Companies: These companies may be held responsible If the cargo was improperly loaded or secured.
- Vehicle or Parts Manufacturers: If a mechanical failure or defective part contributed to the accident, the truck’s manufacturer or its components could share liability.
- Other Motorists: In some cases, another driver may have caused the conditions leading to the truck accident.
What if the Truck Driver Was an Independent Contractor?
Truck drivers sometimes work as independent contractors rather than as employees of a trucking company. Determining liability may be more complicated in these situations. A trucking company may try to avoid liability by claiming that the driver is not an employee; however, certain regulations may still apply that can establish the company’s responsibility.
What Compensation Can Be Recovered After a Truck Accident?
After a truck accident, you may be entitled to various forms of compensation, depending on the severity of your injuries and the extent of other damages. Compensation may include coverage for medical expenses, such as emergency care, hospitalization, surgeries, physical therapy, and any future medical treatment required due to the injuries. If the injuries result in an inability to work, you may also receive compensation for lost wages, which can extend to cover future loss of earning capacity.
Additionally, you could be compensated for pain and suffering, which encompasses physical pain, emotional distress, and a diminished quality of life. Property damage compensation might also be available to cover the costs of repairing or replacing a damaged vehicle.
In tragic cases where a truck accident results in a fatality, the family of the deceased may be entitled to wrongful death compensation, which can help cover funeral expenses, loss of companionship, and other related losses.
How Can a Lawyer Help with a Truck Accident Case?
An experienced Macon County truck accident lawyer can provide valuable assistance throughout the claims process. One important aspect is conducting a thorough investigation to gather essential evidence, including police reports, witness statements, and data from the truck’s electronic logging device. That evidence can be critical in building a strong case.
A lawyer can also identify all parties responsible for the accident so that every potential avenue for compensation is pursued. In addition, they can handle communications with insurance companies, negotiate on your behalf to seek fair compensation, and allow you to focus on your recovery. If a fair settlement cannot be reached, the lawyer can represent you in court, presenting evidence and making your case to the judge or jury.
What Steps Should I Take Immediately After a Truck Accident?
Taking the right steps immediately following a truck accident can help protect your rights and improve your chances of a favorable outcome. The recommended steps include:
- Seek Medical Attention: Even if injuries seem minor, it is important to seek medical care as some conditions may not be immediately apparent.
- Ask for a Police Report: Ask a responding officer about obtaining a copy of the police report. It can be an important piece of evidence in your case.
- Document the Scene: Take photographs of the accident scene, including vehicle damage, road conditions, and visible injuries.
- Collect Information: Get contact information from the truck driver, witnesses, and other involved parties. Be sure to ask for the truck driver’s insurance card; take photos of the ID card.
- Do Not Admit Fault: Avoid making statements that could be interpreted as admitting fault for the accident.
- Contact a Lawyer: Seek legal advice to understand your rights and options.
What Is the Statute of Limitations for Truck Accident Claims in Georgia?
In Georgia, the statute of limitations for filing a personal injury claim following a truck accident is generally two years from the accident date. This means a lawsuit must be filed within this time frame, or the right to seek compensation may be lost. There are some exceptions, such as cases involving government entities, where different deadlines may apply. It is advisable to consult with a Macon County truck accident lawyer as soon as possible to avoid missing any important deadlines.
Let the Macon County Truck Accidents Lawyers at Childers & McCain, LLC Help You Pursue Justice
The experienced Macon County truck accident lawyers at Childers & McCain, LLC can explain your legal options. Call our Macon, Georgia office at 478-254-2007 or contact us online for a free consultation. We serve clients in Savannah, Albany, Atlanta, Bibb County, Chatham County, Columbus, Crawford County, Oglethorpe, and Peach County.