Newnan Truck Accident Lawyer

When people are involved in collisions with commercial trucks, the damages can be life-changing. Tractor trailers and construction vehicles dwarf even large SUV’s and subject people to significant forces upon impact.

While all operators of commercial trucks are screened by the state and issued special licenses, this does not alleviate the legal liability that they face if they are at-fault in an accident. Additionally, the driver’s company may be liable in certain situations.

Our firm’s Newnan truck accident lawyers work with clients who have been injured in collisions with commercial trucks to obtain the compensation that they deserve. For information regarding your case, call and schedule a consultation with one of our accident attorneys today.

The Law Behind Truck Accident Cases

Truck accident cases are usually based on the legal theory of negligence. Negligence applies when an injury is the result of an accident, but the at-fault person did not take proper care to protect others.

Negligence is defined as when a person has a legally conferred responsibility to protect another and that protected person comes to harm. More precisely, there are five parts, or elements, of a negligence claim that a Newnan truck accident lawyer must deal with:

1. Duty – This is the legal responsibility that some people have to ensure that no harm comes to others. Duty is created by specific circumstances and is not automatically present in all negligence cases. In the case of a truck accident, the driver of the truck has a duty to drive with appropriate caution to prevent harm to passengers, drivers, and pedestrians. Therefore, cases involving truck accidents universally cover the duty requirement.
2. Breach – A breach is the failure of a person who has a duty to protect others to prevent harm. A breach can occur through a person’s action, such as speeding, but also by a person’s failure to take action, such as ignoring a stop sign. Truck drivers who are speeding, fail to stop at red lights, or drive recklessly are often in breach of their duty. This is the element most often in contention in truck accident cases.
3. Cause – Plaintiffs need to demonstrate that the breach of duty was the cause of their injuries. If for example, a person’s leg is broken in an accident with a truck, the plaintiff will need to prove to the jury that the accident was the cause of the broken leg. Insurance companies may try to argue that the injury was pre-existing, and therefore not caused by the accident.
4. Scope – In this element, the plaintiff must show that the injuries were foreseeable based on the breach of duty. In truck accident cases, this is almost a given, as large vehicles colliding can certainly cause significant injuries or even death.
5. Damages – Lastly, the plaintiff must have physical injuries that are documented by medical professionals. For this reason, consistent medical care is extremely important for a successful claim. Mental injuries, such as pain and suffering, can be added onto a claim, but are insufficient to stand on their own.

Statute of Limitations

One other aspect of the law to remember is that truck accident cases have a statute of limitations. In short, this is a time limit that a plaintiff must meet to file their case in court. If the deadline expires, the defendant will argue that the case should be dismissed, and the judge will almost always accept this argument.

For cases involving only losses to personal property, this limit is four years from the date of loss according to GA Code 9-3-32. For all cases alleging personal injury, plaintiffs have only two years to file a suit under GA Code 9-3-33.

Let a Newman Truck Accident Attorney Assist You

In contrast to many peoples’ understanding, most truck accident cases are settled without ever going to court.

Our firm’s Newnan truck accident attorneys will gather all medical evidence, examine police reports, talk to witnesses, and negotiate with insurance companies to end cases quickly, but also with maximum compensation for our clients.

By presenting a position of strength, we convince many insurance companies to settle quickly and for proper sums.

If a lawsuit does need to be filed, our litigators will guide you every step of the way from filing a detailed complaint, to placing exhibits into evidence, to preparing you to testify.

Aggressive insurance adjusters representing commercial clients try to get plaintiffs to settle for minimal compensation. Our attorneys will speak with them directly so that you do not have to.

Take advantage of your legal right to representation and take a positive step towards the compensation that you deserve due to another driver’s negligence. Contact our firm today.