Douglasville Truck Accident Lawyer
Being involved in an accident while driving is never a pleasant experience. The situation can become much more serious when the collision is caused by a commercial truck. Even though truck drivers and operations companies are required to obtain special licenses, their business practices are not always in accordance with the law.
By driving too many consecutive hours, overloading their trailers, or simply by speeding, truck drivers are the cause of many accidents. Considering the size and weight of these vehicles, it is no wonder that people in smaller, personal cars, are oftentimes severely injured.
Douglasville truck accident lawyers can represent you in your personal injury cases against the trucking companies. Contact a capable personal injury attorney to obtain the fair compensation that they deserve.
Common Tractor Trailer Accidents
Most collisions between trucks and cars are accidents. While there are absolutely examples of truckers intentionally ramming other drivers, most truck collisions are exactly that accidents. Because of this, the law allows people injured in these accidents to hold the at-fault person responsible. This is commonly done through the legal theory known as negligence. Negligence is utilized when a person is injured not through an intentional act, but rather as the result of someone acting carelessly.
Determining Negligence
There are five things that a plaintiff must be able to prove to the court in order to win a negligence case. They are:
- Duty – The law sometimes places a responsibility on a person to care for the well-being of others. This is known as a duty of care. All drivers of all vehicles always have a duty to care for other drivers, pedestrians, and passengers. Therefore, the element of duty is always present in a truck accident case, no matter who the injured person is
- Breach – A breach of the duty of care occurs when the person with the duty takes an action that causes a protected person to come to harm. This can be done by doing something, such as speeding, or by failing to do something, such as not stopping at a red light. The question of whether a breach of the duty of care occurred is the most commonly contested question in truck accident cases
- Cause – The injuries need to have been caused by the breach of the duty of care. Any preexisting injury, that cannot be directly traced to the accident, cannot be claimed.
- Scope – The physical harm needs to be foreseeable from the facts of the accident. Since truck accidents can cause serious injury or even death, most injuries suffered are within the realm of foreseeability
- Damages – The injuries need to be based on a physical harm. Negligence cases also commonly claim other damages, such as lost wages or anguish. While these are certainly valid, the case must have a foundation rooted in a physical harm
Statute of Limitations
Lastly, people injured in truck accident cases should be aware of the statute of limitations. This is simply a time limit placed on plaintiffs within which they must file their case in court.
GA Code 9-3-33 gives plaintiffs two years from the date of the accident to start their lawsuit. Time is of the essence as negotiations with insurance companies can be lengthy. Individuals who wish to pursue a case should do contact a Douglasville truck accident attorney that can help them begin building their case.
How a Douglasville Truck Accident Attorney Can Help
The aftermath of a truck accident can have a severe impact on both the present and foreseeable future. On top of the immediate needs for medical attention and the resulting medical bills, making a full recovery can take months, if it happens at all. In the meantime, injured people may be in constant pain, not working, and enduring strained relationships at home.
A Douglasville truck accident lawyer can understand the personal and economic effects that these accidents have on people. They can handle every aspect of your case so that you can focus on getting your life back to normal. Indeed, many cases end with a fair settlement and never need to go to court. Contact an attorney today to see how you can work together to get you the fair compensation that you deserve for your injuries.
