Answers to the Questions Our Truck Accident Attorneys Often Hear

The aftermath of a Georgia truck accident can be truly devastating, leaving you grappling with physical pain, emotional turmoil, and financial strain. Filing a truck accident lawsuit with the help of the experienced truck accident attorneys at Rechtman & Spevak can be a crucial step in the pursuit of justice.

Reasons to File a Truck Accident Lawsuit

The most obvious reason for filing a lawsuit is that this type of personal injury claim allows victims to pursue fair compensation for the damages they have suffered. Insurance settlements may not always adequately cover all the losses incurred, and a lawsuit can help bridge the gap.

Other reasons to consider taking legal action include:

• Assigning liability. A lawsuit aims to determine fault and liability for the accident. This process is vital in cases where multiple parties could be responsible, such as the truck driver, trucking company, or even vehicle manufacturers. Without a lawsuit, the insurance company may deny your claim altogether.
• Preventing future accidents. By holding the negligent parties accountable, a lawsuit can help raise awareness about safety issues and encourage better practices within the trucking industry. This, in turn, can contribute to preventing future accidents.
• Providing a sense of closure. Filing a lawsuit allows you to seek justice and find closure for the trauma you have experienced. This can provide a sense of validation for the suffering you've endured through no fault of your own.

Damages Georgia Truck Accident Victims May Receive

There are three general types of compensation in a Georgia truck accident lawsuit: economic damages, non-economic damages, and punitive damages.

Economic Damages

Economic damages compensate you for accident-related expenses with a directly verifiable cost. For example:

• Medical expenses. This covers the cost of all medical treatments, hospital stays, surgeries, prescription medications, rehabilitation, and any ongoing medical care required.
• Lost wages. You may claim compensation for the income lost if your injuries kept you out of work or if the accident has rendered you permanently disabled.
• Property damage. If your car or personal property was damaged in the accident, you may seek reimbursement for repair or replacement costs.

Non-Economic Damages

Non-economic damages compensate you for the effects of the accident on your daily life. For example:

• Pain and suffering. This includes psychological trauma, anxiety, and the overall impact on your quality of life.
• Loss of consortium. This applies to your spouse and compensates for the loss of companionship, affection, and support suffered due to the accident.

Punitive Damages

In some cases, where the responsible party's actions were particularly reckless or malicious, punitive damages may be awarded to punish the wrongdoer and prevent similar conduct in the future.

Medical bills can add up quickly after a Georgia truck accident. Even if you have health insurance, you may be worried about how to pay your high deductible, what to do if the insurance company denies your claims, or how to pay for necessary medical costs that aren't covered by insurance.

Types of Medical Expenses After a Truck Accident

After a truck accident, you may incur various types of medical expenses, including:

• Ambulance fees
• Emergency room charges
• Hospitalization
• Surgery
• Doctor visits
• Prescription medications
• Physical therapy
• Home health care services
• Medical equipment

It's essential to keep detailed records of all your medical expenses related to the truck accident, including receipts, bills, and insurance claim forms so that you can prove your truck accident damages.

Paying Truck Accident Medical Bills With Your Own Insurance

If you have health insurance or medical payments (med pay) coverage as part of your car insurance, you should submit medical bills to your own insurance company. If you recover damages in a settlement or court, your insurance company may need to be reimbursed through a process known as subrogation. Subrogation means that your insurance company can recover some or all of the money it paid for your medical care from any settlement or judgment you receive related to the truck crash.

Why to Pursue a Georgia Truck Accident Case

You may have significant accident-related expenses that your health insurance or med pay will not cover, including but not limited to the following:

• High medical deductibles or co-pays
• Lost income, including wages, benefits, bonuses, and income from self-employment
• Out-of-pocket costs, including property damage
• Physical pain
• Emotional suffering

If you've been injured in a truck accident, a Georgia truck accident lawyer can help you navigate the legal process and ensure you receive the compensation you deserve. A lawyer can help you:

• Investigate the accident and gather evidence
• Calculate your medical expenses and other damages
• Negotiate with the trucking company or its insurance carrier
• File a lawsuit and represent you in court if necessary

Hiring a Georgia truck accident lawyer can give you peace of mind and increase your chances of a successful outcome.

In the aftermath of a truck accident, it's important to know how to protect your safety, well-being, and legal rights. Our Georgia personal injury firm often sees clients make mistakes that limit their ability to collect full compensation for their medical expenses, lost wages, and pain and suffering.

Mistake #1: Failing to Get Medical Care

If you've been involved in an Atlanta truck accident, it's important to see a doctor as soon as possible, even if you don't believe you've been injured. Some injuries, such as whiplash, may not have immediate symptoms. Furthermore, if you wait too long to seek medical attention, the insurance company could try to argue that your injuries were pre-existing or that they weren't caused by the accident.

Mistake #2: Failing to Call the Police

You should always call local law enforcement after a truck accident, even if it seems like the damage is minor. A police report can be extremely helpful in building your case later on.

Mistake #3: Waiting Too Long to Take Legal Action

It's important to act quickly after a truck accident. The longer you wait, the harder it becomes to gather evidence in order to build a strong case. In addition, there is a two-year statute of limitations for Georgia personal injury claims.

Mistake #4: Posting About the Accident on Social Media

You should avoid posting about your truck accident on social media, as anything you say may be used against you by the insurance company.

Mistake #5: Speaking With Insurers Directly

It's also a good idea to avoid speaking with insurers directly after an accident. Instead, let your lawyer handle all communications with the insurance company on your behalf.

You Can Count on Rechtman & Spevak to Fight for You

If you've been injured in a truck accident, it's important that you have someone on your side who can help you navigate the legal process. The Georgia truck accident attorneys at Rechtman & Spevak are here to guide you through the process of resolving your claim, and will fight to secure the maximum possible compensation for your injuries. Contact our Atlanta law office today by filling out our online form or call 404-355-2688 to schedule an appointment for a free initial consultation.

Related Links: Protecting Key Evidence in Your Georgia Truck Accident Case What Do I Need to Prove to Recover Damages in a Truck Accident Case? Common Truck Accident Causes and Injuries

 

If you were hurt in a truck crash caused by a fatigued or sick commercial driver during the coronavirus pandemic, you may be an inadvertent victim of a plan to increase the availability of vital medical equipment, providers, and other necessary items.

Since February 2020, medical facilities throughout the country have struggled to maintain adequate personnel, equipment, and protective supplies.
Grocery stores, too, have worked diligently trying to keep shelves stocked.

On March 13, 2020, in response to the nationwide shortage of supplies and personnel, the Federal Motor Carrier Safety Administration (FMCSA)—the agency in charge of regulating interstate trucking industry in the United States—announced the suspension of its Hours-of-Service safety regulations for commercial drivers carrying specified goods or medical personnel.

Prior to the suspension, the rules limited cargo-carrying truckers to 14-hour shifts with no more than 11 consecutive driving hours, following a 10-hour rest period. Commercial drivers tasked with transporting passengers were permitted to drive for 10 consecutive hours if followed by eight hours of rest. These restrictions were temporarily lifted for some drivers. While this may help important supplies get where they're needed faster, it also increases the risk of serious truck accidents.

The FMCSA developed and implemented the driving time limitations in an attempt to prevent the exhaustingly long shifts that can lead to drowsiness and in turn, cause horrific truck crashes. Now, with drivers working longer hours and feeling more pressure than ever to make good time on their routes, some truckers abandon safety practices designed to protect everyone on the road.

Additionally, due to their extensive travel, commercial truck drivers may also be exposed to the coronavirus. Should they become ill, they could get extremely sick, extremely fast, further increasing the risk of an accident. Some COVID-19 patients experience waking hallucinations, which contributes an extra layer of potential danger.

We Can Help You Fight for Fair Damages

A commercial bus or truck driver's status as an essential worker doesn't prevent them from being held responsible for injuries and other damages caused by their negligence. If you were hurt in a truck crash caused by a drowsy, distracted, or ill driver, the adept truck accident attorneys at Rechtman & Spevak will review your case, and help you understand your legal rights and options. Contact us today to schedule an appointment for a free initial consultation.

Related Links: Trucking Company Negligence in Georgia Common Truck Crash Causes and Injuries Liability in Georgia Truck Accident Cases

 

After a truck accident, you may be seriously injured, unable to work, drowning in mounting expenses, and hoping that your personal injury insurance claim or lawsuit will result in the fair settlement or financial award you so desperately need.

However, in order to collect compensation, you'll have to prove four key points— known as the “elements” of a personal injury case—and present evidence to support your claim for damages.

Here's what you'll have to prove to recover compensation:

• Duty of care. The at-fault party owed you a duty of care. In truck accident cases, this means that the operator, trucking company, or negligent party had a duty to conduct themselves safely to avoid injuring others on the road.
• Breach of duty. The responsible individual or entity breached their duty of care by engaging in behavior that could reasonably cause injury to others.
• Causation. The opposing party's failure to exercise reasonable care caused or substantially contributed to the truck accident in which you were injured.
• Damages. You sustained actual damages as a result of the at-fault person or company's conduct. Damages may include medical expenses, lost income, pain and suffering, and disability.

Evidence can help strengthen your truck accident case. Important evidence in Georgia truck crash cases may include:

• Photos or videos of the accident scene, your injuries, and property damages
• Police accident report
• Witness statements
• Medical records
• Medical bills and receipts
• Wage and earning statements
• Expert witness testimony
• Daily journal detailing the effects of your truck crash injuries

A skilled attorney can help you gather, preserve, and present the evidence needed to prove your case.

Consult an Experienced Georgia Truck Accident Attorney

The accomplished attorneys with Rechtman & Spevak can help you fight for fair compensation. Contact us today to schedule an appointment for a complimentary consultation.

Related Links: Blind Spot Truck Accidents Trucking Company Negligence in GA Common Truck Crash Causes and Injuries

 

While it's technically possible to handle your own truck accident insurance claim or personal injury lawsuit, doing so would put you at a serious disadvantage. Commercial trucking companies and their drivers are often represented by a team of corporate lawyers whose primary job is to protect their clients' bottom lines by helping them avoid liability for accidents and injuries.

If you choose to handle your truck accident case by yourself, you risk being outmatched by savvy lawyers with years of experience.

Truck Accidents Cause Severe Injuries, And Huge Medical Bills

After a truck accident, you may be seriously injured, temporarily out of work, and unable to keep up with mounting accident-related medical debt.

Or even worse, if you lost a loved one in a tragic truck crash, you may be trying to manage your grief and navigate the complex wrongful death claims process at the same time. Either way, with so much at stake, it's no time to go it alone. 

What Can A Truck Injury Lawyer Do For You?

A skilled personal injury attorney hired to represent you in a truck accident case can:

• Level the playing field. Having an attorney discourages insurance corporations and fleet companies from attempting to push you around. With an attorney by your side, this communicates to the other parties you're taking the claim seriously—and so should they.
• Conduct a thorough investigation. Your attorney can gather evidence, interview witnesses, hire expert witnesses, and preserve and request evidence from the other party's defense team.
• Fight claims of shared liability. Insurance companies may claim you were partially responsible for the accident in order to reduce their financial responsibilities. An attorney can fight these defenses to prevent them from harming your ability to collect compensation for damages.
• Negotiate a fair settlement. Insurance companies and their lawyers often offer unfair, low-ball settlements to truck accident victims without legal counsel. An attorney can help you negotiate a settlement that meets your needs.
• Take your case to court, if necessary. In the event that a fair settlement can't be reached, an experienced personal injury attorney can take your case all the way to trial.

Consult a Skilled Personal Injury Attorney

If you were seriously hurt or lost a loved one in a Georgia truck accident caused by another person or entity's negligence, the seasoned attorneys with Rechtman & Spevak can help you investigate your rights and options for compensation. Contact us today to request an appointment for a complimentary initial case consultation.

Related Links: Trucking Company Negligence Common Truck Accident Causes Truck Driver Negligence and Crash Liability

 

In 2014, the most recent year for which statistics are available, approximately 132,000 people were injured in large truck and bus crashes in the United States. In Georgia alone, 144 people were killed in accidents involving large trucks that same year, according to the Federal Motor Carrier Safety Administration (FMCSA).

With so many commercial vehicles on the road and their drivers under pressure to perform as quickly and efficiently as possible, truck accidents are an unfortunately common occurrence. For the victims injured in those crashes or the surviving families of those killed, the road to recovery can be long and frustrating. Victims are left to recover from their injuries or manage their grief while still trying to maintain the financial stability they enjoyed before the accident. This is often a difficult task, as injuries can prevent victims from working or the death of a loved one can leave the rest of the family without an income provider.

The law, however, does allow victims to pursue justice and compensation from those responsible for the accident. In car crashes, it’s often simple to determine who is at fault—one driver made a choice that impacted another driver. In cases of commercial truck crashes, however, the situation can be much more complicated, with a number of parties playing a role in the operation of the vehicle. So, what can a victim do? Who can be held accountable for the accident?

Who Is Responsible for a Truck Crash in Georgia?

There are a number of parties who may be held liable for a commercial truck accident in Georgia. Deciding just who to name as responsible depends on a number of factors, including the details of the accident and the relationship among the parties involved with the truck. In general, it is possible that victims can pursue a claim against:

• The driver. Just like the drivers of other vehicles on the road, commercial drivers have a responsibility to act safely on the road and follow all traffic laws. When a driver’s negligence and bad decisions lead to an accident, he can be held accountable for his actions.
   
• The trucking company. In general, businesses are responsible for the behavior of their employees while they are working. Additionally, it has been shown that shipping companies often place pressure on their drivers to deliver their goods and services as quickly as possible, sometimes encouraging their drivers to ignore federal regulations in order to do so. These practices are illegal, and the company can be held liable.
   
• The cargo company. Improperly loaded or unsecured cargo is often a factor in truck crashes. If the cargo shifts during transit, it can make the large vehicle unstable and difficult to control even in good weather and on well-maintained roads.
   
• Truck manufacturers. If the design or production of a truck does not meet safety standards, the company that produced the defective part can be held liable. Bad tires or braking systems are common causes of truck accidents. While commercial vehicles can overcome some issues, sometimes even minor problems can be exaggerated due to the large weight and height of the trucks.

Determining Fault After A Georgia Truck Accident

It is possible that more than one party holds some responsibility for the accident. How is a victim to know who should be held accountable? A skilled attorney can help victims examine the details of their case and decide how best to move forward. Experienced injury attorneys have pursued these claims in the past, and they understand what is necessary to mount a successful case. In truck accident cases, this is especially important.

In some cases, the responsible parties will try to shift blame onto others, sometimes even including the victim. As a general rule, companies are responsible for the behavior of employees, but not those whom they hire as independent contractors. Additionally, the company can only be held liable if the employee was operating within the scope of the job and if the act was not intentionally done against a specific person. So, determining and proving the relationship between the trucking company and the driver can be critical.

The other parties may also try to point fingers: the manufacturer blames the driver for lack of maintenance, or the cargo company claims the trucking company affected the way the cargo was secured. Sorting through every version of events can be time consuming and frustrating.

Finally, the state of Georgia follows the rules of comparative negligence. In short, if the courts determine that the victim holds some degree of accountability for the accident, it could affect any settlement or judgment awarded. All these factors will determine just who can and should be held responsible for an accident and for the injuries of the victim.

At Rechtman & Spevak, we’ve worked with accident victims to successfully pursue justice and fair compensation for their injuries, and we may be able to help if you or someone you love has been hurt in a truck accident. Call our truck accident lawyers to learn more about your rights and schedule a free, no-obligation consultation today.

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