TRUCK ACCIDENT LAWYERS IN ATLANTA

Preserving Evidence Is Critical 

Have you or a loved one been injured, or did you lose a family member in a truck accident in Atlanta, Georgia? If so, it is essential to preserve crucial accident evidence immediately before it disappears or is altered. Trucking companies and their insurance partners will often go out of their way to do everything in their power to minimize your payment. In some cases, tThey’re not afraid to use questionable tactics like sending an investigator to the scene, and potentially that can compromising important evidence for your case. They may attempt to use your statements from the scene against you. But, they’re intimidated by the powerful attorneys at Montlick. Our Atlanta truck accident law firm will evaluate your case for free and conduct a thorough investigation, including appropriate evidence preservation actions.

Proving Who’s at Fault

The difference between winning and losing is proving causation. This means that a plaintiff has to prove that the other party was responsible for causing your injuries. Your claim will need certain evidence to prove causation, which can include eyewitness testimony, photographs, videos or other physical evidence from the scene of the accident and more. Your case could also require medical records showing your injury or damages were caused by the accident. 

What We Can Do For You

Montlick has the resources and experience to navigate the settlement and/or litigation process and take cases to trial. One of our car accident attorneys in Atlanta will help you recover: 

• Emotionally
• Physically
• Financially

We’ll take charge of the complicated aspects of your case and calculate fair compensation while you focus on healing.

Why You Need an Atlanta Truck Accident Lawyer

Atlanta truck accident injury victims and their loved ones are at a disadvantage after being involved in collisions caused by these commercial vehicles. The first few days after a truck accident can be overwhelming, emotionally trying, and physically painful. Trucking companies and their insurers know how to capitalize on victims’ trust and their lack of knowledge and experience of the accident claims process. The trucking companies and their insurance partners work fast to build their defense after an accident. We believe you should have the same advantage.

Delay Can Be Costly

Preserving evidence in a trucking accident is critical. Unfortunately, a collision between a tractor-trailer which could weigh as much as 80,000 pounds can cause catastrophic injuries to the occupant of a smaller vehicle. The trucking companies can have massive financial exposure if their driver is at fault, and these companies will go to great lengths to try to minimize the claim. Often, they will dispatch a team to the scene of an accident to begin collecting evidence.

The sooner you hire a truck accident lawyer to protect your rights the better. Your Atlanta truck accident attorney will fight to preserve evidence favorable to you. This includes evidence such as the truck’s “black box” which, similar to an airplane’s black box, records certain information about the truck’s speed, use of brakes, and other details about the trucker’s actions that could be critical to your case.

The goal of trucking insurance companies, as for-profit corporations, is to increase revenues and grow profitability by collecting monthly premiums while their accident claims adjusters work hard to delay, deny and minimize the amounts paid in claims. The sooner you get an experienced truck accident attorney involved in helping you with your case, the greater your chance of success.

Time Is of the Essence

Additionally, legal time frames must be complied with to avoid losing valuable rights.
In the state of Georgia, a claim must generally be filed within two years from the date of injury. If not filed in this timeframe, you will most likely lose your right to pursue compensation. This also applies to injuries that go unnoticed for a long time. However, exceptions may apply.  Insurance policies can also contain notification requirements and time deadlines. Contact a truck accident attorney in Atlanta through Montlick for an assessment of your case. 

Tallying Your Damages

How much you’re able to receive from your claim depends on the extent of your injuries. The total damages may include the cost of: 

• Hospital treatments
• Medications
• Physical therapy
• Property damage and vehicle replacements
• Lost wages 
• Lost earning capacity 
• Accessibility modifications
• Pain and suffering
• And more

Our personal injury lawyers will calculate all the damages on your behalf to ensure you get the maximum compensation possible.

Do Not Talk Directly to Insurance Companies Without Consulting a Lawyer

Some trucking accident victims who directly communicate with insurance carriers unwittingly jeopardize the monetary value of their claims. Trucking accident insurance companies do not want you to communicate with or retain an experienced personal injury attorney, as their own insurance industry research proves that they statistically pay out significantly larger monetary compensation to accident claimants who are represented by a lawyer.

Recorded Statements – Insurance accident claims representatives often attempt to record phone calls when speaking to trucking accident victims in order to uncover information they can later use against the injured person. It is never a good idea to give a recorded statement before speaking with a knowledgeable trucking accident attorney.

Shifting the Blame – Since the insurance company doesn’t want to pay you, they’ll most likely attempt to blame you for the accident. They may also try to blame another factor for the accident, like the weather, claiming that conditions out of the other driver’s control caused the accident. 

Quick/Low Ball Settlement Offers – Insurance companies and commercial trucking companies sometimes try to exploit an injured person’s stress following an accident by offering a settlement quickly. While a quick settlement might seem appealing as medical and repair bills add up, these fast settlements are often “lowball” offers, made before the extent and long-term effects of injuries are known. Once a case is settled, it cannot be reopened, and should a person’s injuries prove more severe and expensive than initially thought, they would be left without recourse.

Denying Your Initial Claim –  Insurance companies mightwill drag their feet when it comes time to pay a claim, going as far as to deny it at first, even if it’s clear what happened. While there might be actual reasons for the denial, like an exclusion in the policy, most of the time, it’s because they’re cheap. Our attorneys will fight to overturn the denial and get you the compensation you deserve.  

Fighting for Your Maximum Financial Recovery – It is crucial for injury victims to remember that the insurance companies do not typically have your best interests at heart. Insurance company adjusters might make settlement offers during the early stages of an injury and property damage claim – well before the full extent of the person’s injuries are diagnosed. Insurance company adjusters’ primary goal is to minimize the value of your claim and provide you with as little money as possible. You should never accept a settlement from an insurance company before consulting with an experienced, licensed Georgia truck accident attorney.

At Montlick Injury Attorneys, our experienced Atlanta truck accident lawyers will take all actions necessary to protect your valuable legal rights, and fight hard to get you the maximum compensation you deserve. Do not tackle the insurance company alone; put our firm’s 39 years of legal experience to work for you.

If you have been injured in a large truck accident in Atlanta, Georgia, you may have the right to compensation for your medical bills, lost wages, and pain and suffering. In some cases, you could also pursue additional compensation in the form of punitive damages, or against multiple defendants.

Who Can Be Held Responsible For An Atlanta Truck Accident

It may be possible to hold several parties responsible for your truck accident. Accidents are complicated, and determining this at first may be difficult. Sometimes, it seems clear who is at fault, but if the driver works for a company, it can get messy fast. Liable parties may include:

• Negligent drivers
• Carriers (e.g., the company that hires the driver)
• Companies whose products are being carried
• Manufacturing companies
• Local governments responsible for road upkeep

What If I’m Partially Responsible?

Georgia is a modified comparative negligence state, meaning that even if the other party is mainly at fault, you can still be held partially responsible. Under this system, involved parties are assigned liability based on their contribution to the accident. According to the Official Code of Georgia Annotated (OCGA) §51-12-3, this can potentially affect your compensation.

What Happens if Multiple Parties Are Partially Responsible?

Consider that multiple parties are found partially responsible for an incident when neither party is more than 50% responsible. In that case, their liability will be weighed against one another depending on their respective fault percentages. For example, if one driver was 40% responsible while another was 60%, then only 60% of any award would compensate that second driver’s losses resulting from the crash.

What If I Am Filing On Behalf Of A Deceased Loved One?

If your loved one has been killed by a negligentreckless truck driver, under code §51-4-2, the Wrongful Death Act, §51-4-2, you may be are able to file a claim for the “full value of life” within two years of their death. You may be able to recover: 

• Medical expenses incurred before death
• Funeral costs
• Loss of companionship 
• Support provided by the deceased person
• And more 

Each case is unique, and Like most cases, exceptions to the timeline may apply. Contact a legal professional from Montlick for help determining your options. 

Common Causes of Truck Accidents in Atlanta, Georgia

Some factors that can contribute to truck accidents include:

• Unsafe operation by the truck driver, including distracted driving and cell phone use
• Poor truck maintenance
• Truck driver inexperience
• Mechanical failure
• Truck driver fatigue
• Driving under the influence

Truck Driver Fatigue

A particularly common problem among long-haul truck drivers is fatigue. Fatigue is defined as the tired, sleepy feeling a driver experiences while operating a commercial motor vehicle. Long hours spent on endless stretches of road, tight deadlines and demanding schedules all contribute to this condition and can result in impaired judgment of the big-rig driver behind the wheel.

Overloaded Trucks

Another common problem in the trucking industry is overloaded trucks. Exceeding the mandatory weight requirements leads to unsafe driving, making the tractor-trailer difficult to control and brake in time to avoid an accident. In addition, overloaded trailers, shifting loads, or trucks improperly loaded can cause problems such as flying debris, jackknifing, or overturning. Jackknifing and rollovers, though not as common as other types of truck accidents, can result in critical injury to the driver or other motor vehicle operators, as well as massive damage to the vehicle.

Truck Drivers Under the Influence

According to the National Highway Traffic Safety Administration (NHTSA), 391 alcohol-impaired driving deaths occurred in Georgia in 2021. Every day, 37 people die in crashes caused by an alcohol-impaired driver in the United States. That comes out to one every 39 minutes. 

Regulations for the Trucking Industry 

There are various regulations on a state and federal level that must be followed by trucking companies to ensure safe operation and to prevent accidents. When these rules are disregarded, disastrous consequences can occur. These regulations include hours of service, weight requirements, and substance abuse testing. 

Hours of Service

The Federal Motor Carrier Safety Administration (FMCSA) enforces the allowed service hours for truck drivers. These laws are implemented to limit driving time and regulate how much time off must be taken between shifts to prevent fatigue. Hours are tracked through electronic log books, compliance reviews, and roadside inspections.

Weight Requirements

Georgia requires trucks to have weight requirements depending on the number of axles and distance traveled. There are also weight restrictions on certain road types and bridges. Oversized loads may require additional permits. 

Substance Abuse Testing

The Department of Transportation (DOT) and FMCSA require drivers to undergo alcohol and drug testing. Both pre-employment and during, all employees are submitted to drug testing. After collisions and when under suspicion, drivers are tested. 

Truck Accident Damages & Compensation

Truck accidents can be especially devastating for victims traveling in smaller vehicles. While a tractor trailer can weigh more than 30,000 pounds, the average passenger vehicle is almost eight times smaller at around 4,000 pounds. The National Safety Council reports that while large trucks account for only 4% of registered vehicles on the road, they are involved in 9% of fatal accidents. 

Common truck accident injuries

• Brain and spinal cord injuries
• Damage to back and neck ligaments
  • Whiplash is common in any accident, and these particular ligaments are very fragile
• Burns 
  • Truck accidents are likely to rupture fuel tanks, causing fast-moving fires that quickly engulf the surrounding area. If you are stuck in your vehicle following an accident, these burns can be very severe
• Amputation
  • Impact with a truck and the aftereffects such as burns can lead to permanent disfigurement 
• Internal injuries
  • Because of the physics of truck accidents, harm to the torso and rib area is common. Important organs in this part of the body can be punctured or damaged easily 
• Broken bones and lacerations 
  • While these sound like some of the least damaging injuries a victim can experience in a truck accident, a deep cut from scattered glass or flying debris can leave heavy scarring or become infected

Compensation in Atlanta truck accidents

With the aid of an adept personal injury attorney, compensation for truck accidents in Atlanta can be relatively high. Minor collisions with minimal damage to victims or property can result in a settlement between $2,500 and $25,000. 

Accidents that caused more severe injuries that leave a victim partially or totally disabled could be worth $50,000 on the low end, but settlements could result in a payout of $200,000 or more. If you have gone through the devastating loss of a loved one due to a truck accident, an injury lawsuit is likely to result in a settlement of $1,000,000 or more. 

Legal representatives that specialize in truck accident injury claims give victims the best chance they have at getting the justice and real financial help they need after such a traumatizing event.

The Montlick Way

When you choose Montlick’s Atlanta truck accident law firm, you choose one that truly cares for your well-being. We aim to put the most money back in your pocket after an accident and do it while remaining compassionate. 

We promise you that our ethics will never waver, and we’ll work to maximize your settlement and minimize stress. You focus on healing; we’ll do the rest. 

Make Your First Call The Right Call.™ Make It Montlick.

The legal system is a marathon, not a sprint. Pay close attention to statutes of limitations or deadlines as applicable to your case. If that time has passed, we’re limited in what we can do. Missed insurance policy deadlines can mean the difference between pursuing a claim and losing your chance.

Our attorneys can help you determine the requirements of your case. Don’t hesitate to consult with us right away to ensure you don’t miss out on what’s rightfully yours.