Commercial trucks are large, and their size often constitutes the severity of the truck accident. Many people suffer serious injuries or death when they are involved in a truck accident. Some victims walk away with minor injuries.
You must take legal action when you suffer losses in a truck accident. The negligent party could have prevented this from happening, but they chose to endanger the public.
Truck drivers and their employers are typically at-fault for these collisions, but they won’t admit that. They want to blame you, but John Foy & Associates will fight for you.
Why Truck Accidents Are Severe
Size is the reason why truck accidents are so severe. Trucks weigh thousands of pounds; when fully loaded, they are at their most dangerous. Their weight against your car will lead to severe consequences.
Other factors contributing to these collisions’ severity involve maneuvering and operation. Trucks take longer to stop, especially when moving at high speeds. They can take 40% longer to stop than passenger vehicles, and truckers have lower visibility and large blind spots.
Big rigs have a higher risk of tipping and rolling over when they encounter debris or other hazards. Cargo is another issue; while it can shift in the truck, there are other concerns. Many commercial trucks carry hazardous materials, which can become toxic if they spill.
Truck driver error is prevalent because they are on the road for a long time. These long shifts can lead to irritability, fatigue, and recklessness.
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The Causes of Chamblee Truck Accidents
Truck accidents happen daily, but that does not make them less severe. Many of the reasons why they happen are preventable. The leading causes of truck accidents in Chamblee are:
- Driver error
- Driver fatigue
- Intoxication
- Poor truck maintenance
- Poor road conditions
- Distractions
- Speeding
- Cargo issues
- Faulty parts
- Unfmaility with local roads
These and many other reasons can lead to a truck accident. Speak to our Chamblee truck accident lawyers to discuss your legal options.
Who Can Be Held Responsible for a Truck Accident
You have the right to sue someone for losses you do not always need to. It is common for injury victims to point the finger and automatically assume that the truck driver is responsible for their injury and must pay them. While this is true to an extent, the nuances of proving fault can mean other entities are responsible for paying your losses.
Truck companies have higher policy limits so that they can pay out claims with high losses. You will start the recovery process with an insurance claim and then file a lawsuit if you cannot resolve it.
Before taking legal action, a truck accident attorney in Chamblee, GA, must find the responsible party. Any person or entity who contributed to the accident can be liable in a claim such as:
- Trucking company
- Shipper
- Government entity
- Truck driver
- Parts manufacturer
- Mechanic or repair shop
John Foy & Associates can help you find the person or organization that is responsible for your collision and must therefore respond to your complaint.
Establishing Negligence in Chamblee Truck Accidents
Civil cases for injuries will depend on how well you can prove negligence. It is the most essential and contentious part of your claim. You must show the truck driver owed you a duty, breached it, caused the collision, and you suffered losses as a result.
These elements are non-negotiable, and you must present evidence that proves each element. These hurdles are why you need a Chamblee truck accident lawyer from the beginning, so you have a better chance of getting compensation for your losses.
Evidence that Can Help Your Claim
Proving the elements of negligence requires evidence. Sometimes you will have proof. Other times, your truck accident lawyer in Chamblee must search for evidence.
After a truck accident, evidence that will help your case includes:
- Cargo records: federal regulation dictates how much weight a truck can carry, and overloading it is illegal. Failure to secure the cargo or overloading the truck can cause the cargo to shift and lose balance, which is why rollover accidents are common results of cargo issues.
- Driver logs: the FMCSA requires truckers to keep a logbook of their rest breaks, driving times, cargo weight, meal times, and more. It is illegal to falsify these records.
- Truck maintenance records: truck owners must regularly inspect and maintain their vehicles, but they often fail to do so. Maintenance records can show the last time something was done to the truck and who did it, and improper maintenance makes a truck unsafe.
- Event data recorder logs: also known as black boxes, record data that you can use to show braking and engine power before and during the accident.
Damages You Can Recover
A truck accident lawyer in Chamblee, GA, will evaluate your case and determine the compensatory damage you can request in a truck accident claim. You need an individual review since all accident victims will have different losses. Victims must prove their losses through receipts and other calculations.
When reviewing your case, we will see if you qualify for these and other damages:
- Medical expense
- Lost wages
- Loss of earning capacity
- Property damage
- Transportation
- Mental anguish
- Disfigurement
- Psychological trauma
The bulk of your injury claim will depend on your medical bills since you will have large initial bills like doctor visits, hospital stays, and more. Ensure you are following your treatment plan and keeping all documentation. While your Chamblee truck accident attorney will request copies, you should also have them in case it is challenging for your lawyer to get them.
Talk to John Foy & Associates Today
Claimants have two years from the accident date to file a lawsuit. It can seem like a long time, but it is not. During that time, we must find who is negligent and begin taking legal action. Evidence preservation is vital and should be done quickly.
Our firm has been helping truck accident victims for decades, and we know what to do and where to start. Schedule a consultation with the Strong Arm from John Foy & Associates by calling us today.
404-400-4000 or complete a Free Case Evaluation form