As a major freight transportation hub, Atlanta experiences many highway accidents involving tractor-trailers and other large commercial trucks each year. Atlanta is among the most dangerous cities to drive in the U.S. Truck accidents can cause severe injuries, property damage, and even death.
If you or a loved one has been injured in a truck accident in Atlanta, you will face many challenges in obtaining fair compensation for your injuries and losses. That is one of the main reasons why you need an Atlanta truck accident attorney who can help you.
In this blog post, we are going to discuss how an attorney can help you overcome the challenges of truck accident cases in Atlanta.
Common Causes of Truck Accidents
Before learning about how to overcome the common challenges, let’s take a look at the common causes of truck accidents. The following are some of the common causes:
- Truck driver negligence: One of the most common reasons for truck accidents is truck driver negligence. Behaviours like drunk driving, distracted driving, sleep-deprived driving, and violations of traffic rules lead to truck accidents.
- Trucking company negligence: Truck drivers are not always responsible for accidents. In many cases, trucking companies force truck drivers to violate hours of service, which leads to truck accidents.
- Truck maintenance team: Defective parts are another common reason for truck accidents. The maintenance team is responsible for keeping the truck in working condition. They should repair the defective parts and inform the driver of any future problems that may arise.
- Truck manufacturer: In some cases, a truck may have defects as a result of negligence on the part of the truck manufacturer. The truck manufacturer is responsible for producing safe products. Breaching this duty of care can lead to accidents.
- Cargo loading company: The cargo of the truck should be loaded in such a way that the weight of the cargo is distributed all over the truck. Improper cargo loading makes it hard for the driver to control the vehicle. It can lead to jackknife accidents.
Knowledge about common causes of truck accidents can help you protect yourself from these accidents. So learn a lot about it and educate your friends and family about the common causes of accidents.
The Common Challenges a Victim Faces in a Truck Accident Case
Awareness of the Court System in Atlanta
Most of the victims are not aware of the court system in Atlanta. Depending on the circumstances of your truck accident case, you will have the option to file your claim in a federal or state court in Atlanta. As every court system has its own legal procedures, rules, and deadlines that you need to follow, choosing the wrong one can affect your chances of success.
An attorney who is familiar with the court systems in Atlanta can help you decide the best place to file your case. This ensures that you comply with the court requirements and avoid any mistakes that could jeopardize your case.
Identify Liable Parties
Identifying the liable party in a truck accident case is difficult. Truck accidents involve various entities that share the liability. This includes:
- The truck driver
- The trucking company
- The truck manufacturer
- The cargo loader
- Drivers of other vehicles
- Government entities
An attorney will help you find all the liable parties and hold them accountable for their actions or inactions. They will guide you in proving the liability of each party.
Preserving evidence is the main challenge in a truck accident claim. Evidence plays a major role in supporting your claim. An attorney will guide you in preserving crucial evidence before it is lost or compromised.
Moreover, they will also hire experts, such as accident reconstructionists, mechanics, or engineers, to inspect the scene of the accident, the truck parts, and the truck and to provide their opinions on the cause and extent of the truck accident.
Calculate the Compensation
The biggest challenge in a truck accident case is calculating the compensation for non-economic damages such as:
- Future medical expenses
- Pain and suffering
- Loss of earning capacity
- Emotional distress
- Loss of consortium
In these circumstances, an attorney will help you estimate the compensation based on the conditions you suffer now and will experience in the future.
Moreover, they will help you get punitive damages, if applicable, to punish the parties who acted with recklessness or malice.
Fighting for Compensation with the Insurance Company
The insurance company of the truck driver, the trucking company, or the cargo loader uses various tactics to delay, reject, or reduce your compensation.
An experienced attorney will guide you to prepare and present a strong and persuasive claim, backed by the evidence and the experts.
Moreover, an attorney can help you counter the arguments and tactics of the insurance company and protect your rights and interests. They will advise you to reject inadequate or unfair settlement offers and pursue your claim in court if necessary.
It is not easy to deal with truck accident cases. With the help of an attorney, you can easily overcome the challenges of truck accident cases in Atlanta. An experienced lawyer will fight for your legal rights and help you get reasonable compensation for all the losses and injuries you’ve suffered.