Rome Truck Accident Lawyer
If you are unfortunate enough to have been involved in a collision with a commercial truck, you understand how this can change your life. Beyond the serious damage that such crashes can cause to your vehicle, the physical injuries and mental anguish that result can be catastrophic.
Your immediate focus should be on your recovery, but unfortunately, mountains of paperwork, red tape, and concerns over returning to work can prove a major distraction.
Let our firm’s Rome truck accident lawyers handle the details so that you can focus on getting better. By taking a firm hand with the defendant’s insurance company, our personal injury attorneys fight to obtain the maximum compensation possible for our clients.
Truck Accident Laws in Georgia
Despite the fact that commercial truck drivers are required to obtain special licenses to operate their vehicles, these drivers often act in reckless ways. Tight deadlines encourage them to violate speed limits or drive for long periods without rest. As a result, they are more likely to cause accidents.
While it is certainly possible that collisions between trucks and other vehicles can be intentional acts, the fact of the matter is that most collisions are accidents. Because of this, they are pursued by a Rome truck accident lawyer under the legal theory of negligence.
Proving Negligence
In short, negligence is when a person has a legal responsibility to protect another person. When that responsibility is broken and someone becomes hurt, the at-fault person is liable for damages. Specifically, there are five parts, or elements, of a negligence claim. These are:
- Duty- The law places a responsibility on certain people in specific situations to protect others. This is known as the duty of care. In truck accident cases, all drivers assume a duty to care for other drivers, passengers, and pedestrians. Therefore, whether or not a truck driver has a duty to protect the injured person is never in question.
- Breach- When the person with the duty to care violates that duty, the duty is said to be breached. This can be accomplished through taking an action, such as speeding, or by failing to act, such as by running a stop sign. Whether or not the duty was breached is often the central point of contention in a truck accident case.
- Cause- The plaintiff must be able to demonstrate that the breach of the duty of care was responsible for his injuries.
- Scope- The injuries suffered by the plaintiff must have been foreseeable given the circumstances of the case.
- Damages- The plaintiff must suffer actual physical harm. Mental anguish can be added onto a case, but is insufficient on its own.
Statute of Limitations in Truck Accident Cases
Also keep in mind that all civil lawsuits have a statute of limitations. This is a time limit imposed on plaintiffs that they must meet for their case to be heard. For cases involving property damage, the case must be filed no more than four years after the accident under GA Code 9-3-32.
However, if the case involves personal injury, the complaint must be filed no more than two years from the underlying event according to GA Code 9-3-33. Time is of the essence in these cases, so do not delay.
Let a Rome Truck Accident Attorney Assist You
Whether you have been injured in a collision with a tractor trailer, dump truck, or construction vehicle, you have the right to pursue damages against both the driver of the truck and his employer.
These damages include not only the cost to repair your vehicle and medical bills, but also compensation for lost time at work and mental anguish.
Insurance companies representing truck operators tend to take advantage of unrepresented plaintiffs by delaying negotiations or offering small sums for settlement. Do not let yourself be bullied; contact our firm’s Rome truck accident lawyers today.
By presenting a strong case, backed up by the medical and physical evidence, we encourage insurance companies to settle quickly and for maximum compensation. In the rare instance that your case does need to go to court, our litigation team will be prepared to argue your case before a jury.
Take a positive step towards protecting your rights; let our Rome truck accident attorneys fight by your side.
