Marietta, GA, has a significant presence in the trucking industry, with over 1400 trucking, bus, and other DOT-registered companies. Given the concentration of transport companies, several truck accident lawyers have moved to the area to aid individuals in legal matters. Commercial truck accidents happen nationwide and have increased significantly over the last decade. Georgia mainly registered fatal commercial truck accidents yearly, averaging between 180 and 230. The majority of these accidents are caused by things such as inadequate driver training and driver fatigue. Severe driver shortage across the state also forces industry employees to work prolonged hours across long distances, creating dangerous driving conditions for other road users.
While the facts present an ugly truth about reality, truck companies can be wholly or partially responsible for any mishap caused by an employee. Georgia is a “modified comparative fault” state. It means that if the plaintiff was less than 50% at fault for the accident, they could still recover damages. A truck can vary in size from 16-wheel boats to routine delivery vans used by logistics firms like FedEx and UPS. The size of the vehicle could also impact the settlement amount. If you happen to reside in Marietta, GA, and are a victim of a UPS truck accident, you should seek a Marietta UPS truck accident lawyer to guide you. They would know local regulations and truck specifications.
How Truck Liability and Compensation Works in Georgia
Commercial trucks’ sheer size and weight can cause serious injuries or death to the driver, passengers, or other road users involved in the wreck. Trucks account for approximately 9% of fatal accidents in Georgia every year. After that, victims are compensated for their loss.
The victim’s claim is contingent on proving liability. Your legal team will interview different parties, such as the truck driver, the cargo company, the trucking company, or the manufacturer. This is to narrow down the root cause that triggered the accident.
In most cases, the truck driver may be at fault due to exhaustion or distraction. In this case, the trucking company is responsible for the driver’s negligence. The trucking company may also be at fault for failing to hire, train, or supervise its drivers. If the crash occurred due to a mechanical error, the company could entirely bear the liability.
Note that the state of Georgia follows the modified comparative fault, meaning if you are more than 50% at fault for the crash, you will not receive any compensation for the damages.
Things to Remember After a Truck Accident
Seeking proper medical care should be the first step. Call 911 as soon as possible, especially if the accident is serious.
Get a Full Medical Check Done
Even if you feel fine after an accident, seek medical attention since some injuries, such as concussions or whiplash, may not have symptoms initially. Your primary care physician or ER doctor should assess you thoroughly to confirm your health. Immediate medical attention is also essential because insurance companies may use the gap between the truck accident and the doctor’s visit to argue that the injuries incurred were not caused by the accident. Moreover, seeking medical attention promptly increases your chances of recovery from the injuries you sustained. Don’t rush out of this process; the medical documentation will be key to a successful claim.
Photograph the Accident Scene and Injuries
Note that your injuries may heal long before the lawsuit begins or be hard to see. The police photos are only sometimes the best for evidence purposes. Make sure you use your phone to take pictures of anything you think might help your case, such as cuts, bruises, property damage, the truck, the car, the weather, the license plate, etc.
Exchange Vital Information
Don’t share details with the other party except for your name and insurance. You should also ensure you get their name, insurance information, contact number, trucking company information, make and model, license plate, and driving license details. If you cannot write these down, take pictures of these documents.
Gather Witness Information
Collecting witness information is crucial in preserving your potential for a successful lawsuit or settlement. Many witnesses will be willing to speak with the accident victims and the police at the accident scene but may be unavailable or unreachable during trial or deposition. Ensure you save the witness’ contact information to help your attorney contact them when necessary. If possible, film their testimony. An audio recording could also work.
Contact a Qualified Truck Accident Attorney
Contact an injury lawyer to help determine who was liable for the accident and discuss your compensation options. Your attorney will offer expert advice and analysis of critical factors such as your degree of fault and whether or not you have a case. If a lawsuit would be your best option, your attorney will help you kick-start the process. But if a settlement would be more viable, the legal expert should help you evaluate the offer. You should ideally contact a lawyer before reaching any insurance agencies because such firms typically convince the victim to settle outside the legal process for a far lower amount than they deserve.
Contact Your Insurance Provider
Keep all accident-related documents in handy and write down the names and titles of everyone you speak with. The insurance provider will require details of the accident, a copy of the police report, injuries sustained, and the claim sought. This process requires significant paperwork, so a lawyer should be in the equation.
