A truck accident can be extremely painful, but more than that, it could result in huge losses, some of which are financial. Therefore, you need an Atlanta truck accident lawyer to represent you and help you claim the necessary damages. According to the Federal Motor Carrier Safety Administration, 5,096 large trucks and buses were involved in fatal car crashes in 2018.
While this number represents a one percent increase from 2017, it is 48% higher than the 3,432 recorded in 2009. The prevalence of these crashes is why truck drivers are held to a higher standard of care. Therefore, a truck driver who fails to be careful and causes an accident would likely compensate the victim. This article looks at truck accidents and a victim’s compensation.
Can You Claim Compensation for an Atlanta Truck Accident?
The short answer is yes. You can claim compensation if you have been involved in a truck accident in Atlanta. However, it would not always be a straightforward case. Like any other legal matter, you need to prove that you deserve the compensation that you demand.
This is why you must get a lawyer to represent you as soon as possible. In addition to getting a lawyer while still at the accident scene, there are a few things you can do to help your case. The first is to call for medical help if you can do that. In addition, when do not refuse treatment when medical professionals arrive.
Even if you do not feel hurt, take their help as it would enable you to back your future compensation claims. However, more than helping you back your compensation claims, you may be able to detect internal injuries. Should you be hospitalized, ensure to follow all instructions given by the doctor. Otherwise, the insurance company could claim that you did not do all you could do to get better.
Furthermore, you should collect information on the truck or trucks involved in the accident. Some information to collect includes the truck’s license number and the company that hired or owns the truck. The name, address, and contact details of the truck driver could also come in handy. Depending on your physical state, you could also take photos of the accident scene and look out for security cameras in the area.
What Kind of Damages Can I Claim?
Truck accidents are different from most car accidents. Because of the size of the involved vehicles, there is often massive damage and occasionally loss of lives. Like with any other personal injury, you might want someone to pay for the damages you incur. Damages awarded for truck accidents usually fall into two categories: economic and non-economic damages. In some cases, you may be able to receive punitive damages.
Proving economic damage is fairly easy. This could include lost wages, loss or damage of property, loss of future ability to earn, medical and rehabilitation expenses. However, while this is fairly easy to prove, it is also easy for the insurance company to fight these claims.
Non-economic damages are difficult to determine because they are not based on actual financial loss. Emotional distress, physical impairment or disfigurement, and pain are some non-economic injuries you could get from a truck accident. Considering how difficult it is to put a price on such damages, hiring an experienced personal injury lawyer is crucial. An attorney would be able to determine appropriate compensation for your non-economic damages.
There are only a few cases where punitive damages are awarded to truck accident victims. This is because punitive damages are only awarded as a punishment. Your lawyer needs to prove that there was malicious intent or fraud for you to receive punitive damages. Also, if the party at fault was drunk or incapable of driving, you could be awarded punitive damages.
Can I Get Compensation if I Am at Fault?
An important consideration when analyzing your chances of being awarded compensation is your degree of fault. In some states, you would be unable to claim any damages if you have any degree of fault. Fortunately, in Georgia, you can claim damages provided you are less than 50% at fault. This is called comparative negligence.
Get an Atlanta Truck Accident Lawyer Today!
If you have been involved in a truck accident recently, you are entitled to a settlement. However, you must know that the insurance company would do their best to discredit your claim or, at the very least, reduce the settlement you can get. This is why you need all the legal help that you can get.
At Bethune Law Firm, we understand what is needed to get you a good settlement. Our years of experience representing truck accident victims in Atlanta puts us in a good position to help you. So contact us today for a consultation, and we’ll get started on getting what you deserve.