The long-term consequences of any motor vehicle accident can be devastating for all involved parties. Unfortunately, when a collision involves a large tractor-trailer, the potential for severe or fatal injuries is even greater. Motorists and their passengers are especially likely to sustain severe physical injuries and property damage in an accident involving a commercial truck, placing a significant financial and personal burden on the injured parties and their loved ones.
A Johns Creek truck accident lawyer could help you fight to recover your damages if you were recently injured in a truck crash. A seasoned personal injury attorney from our team would have the knowledge and experience necessary to handle your claim and could promote your legal interests and work to help you recover your losses.
Determining Who is Liable
One of the most crucial factors in collecting damages after a truck crash is establishing and proving liability. Truck collision cases are often particularly complex, as it is not uncommon for multiple parties or entities to be legally responsible for a claimant’s injuries. A skilled truck crash attorney in Johns Creek could help the plaintiff determine who may be liable for the damages they have sustained.
In addition to the truck driver, the company who employs them, the commercial vehicle’s manufacturer, and the tractor-trailer’s owner could also bear civil liability. For instance, if a truck driver is following a motorist too closely, but faulty brake pads prevent them from stopping in time to avoid a collision, both the driver and the vehicle manufacturer may be liable for the motorist’s injuries and damages.
To hold the truck driver or another at-fault party liable for damages, the plaintiff and their attorney must show that the defendant owed them a duty of care and failed to uphold their legal obligation, consequently causing the claimant’s losses. When both the plaintiff and the defendant share blame for a truck crash, a comparative negligence theory would apply. According to Official Code of Georgia Annotated §51-12-33, an injured claimant can be partially responsible for their own injuries and still collect damages as long as their percentage of liability is not equal to or greater than the defendant’s.
Serious truck collisions frequently result in damages such as spinal cord injuries, lacerations, contusions, traumatic brain injuries, broken bones, torn ligaments, muscle injuries, and whiplash. Accordingly, injured parties may be entitled to several types of compensable losses, including economic and non-economic damages.
Economic damages would cover the injured party’s medical bills and wage loss, while non-economic damages would compensate their emotional distress, pain and suffering, and diminished earning capacity. In rare circumstances, punitive damages may also be granted to penalize the defendant for particularly egregious behavior.
Getting Started with a Truck Crash Lawsuit
A person injured in a truck crash in Johns Creek has up to two years to get a claim for compensation started. The two-year statute of limitation would go into effect on the day the collision takes place. It is wise to get advice from a truck collision lawyer in Johns Creek to ensure that a claim is filed before the expiration of the statutory deadline. Otherwise, if the injured party tries to claim compensation after two years have gone by, they may be barred from recovering damages.
Talk with a Johns Creek Truck Accident Attorney Today
With the help of a Johns Creek truck accident lawyer, you could obtain compensation for the full value of your physical, emotional, and economic losses. An attorney with experience and strong negotiation skills could advocate for a fair outcome to your claim.
A member of our team could explain how the case process works and what compensation may be available to you. Call to set up your initial case review with a Johns Creek attorney.