Atlanta Truck Accident Lawyer
Truck Accident Lawyers in Atlanta
Atlanta is one of the busiest transportation hubs in the Southeast with interstates like I-285, I-75, and I-85 witnessing heavy traffic volumes daily. Unfortunately, driving on these congested arteries also heightens the risk of truck accidents. When a truck collides with a passenger vehicle, the resulting injuries can be severe or even fatal. If you or a loved one suffered an injury in an accident involving a commercial truck, an experienced Atlanta truck accident lawyer from Buckhead Law Saxton Accident Injury Lawyers, P.C., can help you recover maximum compensation for your medical bills and other damages.
Our experienced truck accident attorneys offer free case consultations for victims of Atlanta-area crashes. We understand how frustrating and challenging it is to know where to turn and how to sort out your options following this type of event. Let us review your car accident case and help you decide what to do next
Why Choose Us for Your Atlanta Truck Accident Claim?
The truck accident lawyers at Buckhead Law Saxton Accident Injury Lawyers, P.C. have served injured Georgia drivers since 1977. Our team helps accident victims understand and protect their rights, hold the at-fault parties accountable, get justice, and recover compensation.
We take on all parts of the client’s case so that they can focus on their treatment and physical recovery. We know the last thing you want to do after a significant injury is deal with an insurance company. That’s why we take care of it for you.
When commercial truck drivers make careless or reckless mistakes, the occupants of nearby cars often suffer serious injuries, high medical bills, and significant income losses. We do not believe truck accident victims should have to pay these expenses and losses. Our legal team can file your insurance claim or lawsuit and pursue fair compensation.
We free case assessments. We can discuss your next steps with you, including explaining our services and how we can manage this process on your behalf. You can get answers to your questions for free today. Contact us now to learn more.
Atlanta Has Some of the Most Dangerous Roads in the State
The city’s travel woes surprise nobody who lives in the metro Atlanta area or has driven through it during the morning or evening rush. Congestion, infrastructure issues, reckless driving, distracted driving, and other significant concerns occur daily.
According to the Atlanta Journal-Constitution, Atlanta has roughly 372,455 daily commuters. This does not account for those traveling through on their way to other areas or vacationing in the city. An analysis Vox published recently even named I-285 the deadliest interstate in America.
Unfortunately, the dangers of the city’s six interstates and numerous surface streets lead to injuries and deaths. According to the Governor’s Office of Highway Safety in Georgia, 1,664 fatalities occurred statewide in a single year. Of those, 1,014 occurred in urban areas.
When looking at the counties with the most traffic fatalities across the state, the top five usually occur in the metro Atlanta area:
- Clayton County
Both the 2020 year and five-year trends have these five counties in the top spots. It is worth noting that these are also the most populous counties in the state.
Atlanta’s Location Increases the Chances of Truck Accidents
With six interstates—I-75, I-85, I-20, I-285, I-575, and I-675—Atlanta serves as a sort of sorting area for truck cargo going anywhere in the United States. This is one reason the region also serves as a central hub for several shipping companies, trucking companies, and other similar corporations.
Trucks are everywhere, and roads are congested, increasing the risk of commercial trucking accidents. Trucks often crash because of negligence on the part of the truck driver or the trucking company.
Forms of negligence that can lead to truck accidents include:
- Distracted driving
- Driving while fatigued, often due to skipping required rest periods
- Speeding to make deliveries on time
- Driving too fast for road or weather conditions
- Drunk or drugged driving
- Lack of training
- Truck maintenance or repair concerns
At Buckhead Law Saxton Accident Injury Lawyers, P.C., our team has helped truck accident victims in Georgia pursue justice for decades. Since 1977, we have fought to protect our clients’ rights and recover the compensation they deserve from negligent drivers and liable corporations. We may be able to help you, too.
We know how to determine what caused a truck accident, who is legally responsible, and what actions we can take to recover compensation for our client. We fight to get our clients the compensation they need and deserve based on their injuries, losses, expenses, and other factors.
Atlanta Truck Accident Injuries
Drivers and passengers in smaller vehicles often suffer severe injuries when they collide with a tractor-trailer, delivery van, box truck, or large commercial vehicle. This can include catastrophic injuries that change their lives forever.
Examples of catastrophic injuries could include:
- Spinal cord injuries
- Traumatic brain injuries
- Loss of a limb or loss of use of a limb
- Serious burns with significant scarring and disfigurement
Of course, other injuries are also possible.
We help clients document their injuries, medical care needs, and other expenses and seek compensation for catastrophic injuries, as well as:
- Head and neck injuries, including whiplash
- Back injuries
- Soft tissue injuries
- Serious lacerations
- Internal injuries
Atlanta is a healthcare hub with several highly-ranked hospitals and rehabilitation facilities. If you suffered traumatic injuries in your crash, paramedics likely transferred you to one of the area’s two Level I trauma centers, Grady Memorial Hospital or Wellstar Atlanta Medical Center. Otherwise, you may have gone to another facility close to the crash site.
Regardless of where the doctor assessed, stabilized, and treated your injuries, you likely have medical bills, lost income, and other expenses. You should not pay these costs if you did nothing to cause the accident.
Compensation Available for Victims of Atlanta Truck Accidents
Instead, we help our clients hold the truck driver, trucking company, or another liable party responsible for expenses and losses such as:
- Medical Expenses: This includes costs associated with emergency medical treatment, hospital stays, surgeries, medication, rehabilitation, and future medical care related to the injuries sustained in the accident.
- Lost Income: Compensation for wages or income lost due to missed work as a result of the injuries. This may include both past and future lost earnings if the injuries result in long-term disability or inability to work.
- Property Damage: Reimbursement for the repair or replacement of damaged property, such as the plaintiff’s vehicle or personal belongings.
- Loss of Earning Capacity: If the injuries sustained in the accident result in a reduced ability to earn income in the future, the plaintiff may be entitled to compensation for this loss.
- Pain and Suffering: Compensation for physical pain, discomfort, and emotional distress experienced as a result of the accident and injuries.
- Mental Anguish: Damages awarded for psychological trauma, anxiety, depression, or other emotional distress caused by the accident.
- Loss of Consortium: Compensation for the loss of companionship, affection, and support suffered by the plaintiff’s spouse or family members due to the injuries sustained in the accident.
- Loss of Enjoyment of Life: Compensation for the impact the injuries have on the plaintiff’s ability to participate in activities and enjoy life as they did before the accident.
How Much Can an Atlanta Truck Accident Attorney Recover in My Case?
There is no way to know how much our Buckhead Law Saxton Accident Injury Lawyers, P.C. team may be able to recover in your case or if a payout is possible. All truck accident cases are different. Until we gather documentation to show your expenses and losses, we cannot estimate the potential settlement value of your case. Each case is different, so looking at the outcome of another similar case will not give us an accurate answer.
Before we file your insurance claim, we put a value on your case. This is how we know whether the insurer offers a fair settlement. However, this requires us to gather your medical bills, receipts, estimates, and other information about your case and calculate a fair settlement range. There is no way to accurately estimate a possible value before this time.
What if My Loved One Died From Their Injuries?
According to the Governor’s Office of Highway Safety in Georgia, Georgia had 234 large truck accidents that resulted in death in 2020. With the size and weight of 18-wheelers and many collisions occurring on interstates, some victims suffer fatal injuries.
Under Georgia law, families who lost loved ones may receive wrongful death damages through an insurance payout or court award. These damages could cover medical bills, funeral and final expenses, income and benefit losses, loss of services, and non-economic losses experienced by survivors.
The state has strict rules on who can file a wrongful death lawsuit, when, and where. A Georgia truck accident attorney from our firm can help you navigate this process and help you secure a payout and justice for your family.
Do I Have a Truck Accident Case?
Negligence, in the context of a personal injury claim, refers to the failure of an individual or entity to exercise reasonable care, resulting in harm or injury to another person. In order to establish negligence and pursue a successful truck accident claim, the following four elements must typically be demonstrated:
1. Duty of Care
The plaintiff (the injured party) must show that the defendant (the party being sued, such as the truck driver or trucking company) owed a legal duty of care towards them. In the case of truck accidents, this duty often includes obeying traffic laws, adhering to trucking regulations, and operating the vehicle safely.
2. Breach of Duty
The plaintiff must prove that the defendant breached the duty of care owed to them. This can involve actions such as speeding, driving while fatigued, distracted driving, or failing to properly maintain the truck.
For example, Georgia law requires all drivers to signal and clear the adjacent lane before merging onto the interstate. If a truck driver fails to do so, the truck or trailer could collide with the vehicle and cause serious injuries. In this example, the truck driver’s negligence was clear.
It must be established that the defendant’s breach of duty directly caused the plaintiff’s injuries or damages. This can involve demonstrating that the accident would not have occurred “but for” the defendant’s negligent actions.
The plaintiff must provide evidence of actual harm or losses suffered as a result of the accident. This can include physical injuries, medical expenses, lost wages, property damage, pain and suffering, and other related losses.
Under Georgia law, motor vehicle accident victims who can prove these four elements can generally hold the negligent party legally responsible. They are liable for injuries, expenses, and losses. This is true in truck accidents, as well. However, truck drivers are not the only liable party when a commercial driver acts negligently.
Can I Hold the Trucking Company Liable for My Truck Accident Injuries?
In some cases, trucking companies may be held liable in truck accident claims.
Georgia recognizes vicarious liability under case law. The legal doctrine of respondeat superior forces employers to take legal responsibility for their employees’ actions under some circumstances.
This could include:
- When the party was on the clock
- When they engaged in a work-related activity
As a truck driver behind the wheel of their semi-truck, the commercial driver who hit you hauled cargo for their employer or was on their way home from doing so. This makes the trucking company or the corporation that hired the driver vicariously responsible if they are involved in a truck accident.
For example, imagine a truck driver got behind the wheel of their big rig after having a few beers. They could not maintain their lane on I-85, which caused a collision. While the driver made serious mistakes and will likely lose their CDL, the trucking company is also legally responsible. We generally file our claims based on the company’s corporate liability policy.
Holding the Trucking Company Accountable and Recovering Compensation
Our investigation into what went wrong and who is legally liable begins with an investigation. We look into what happened, the involved parties, and how to document our client’s losses. We may interview witnesses, obtain official documents, and work with accident reconstruction experts. We also need to consider all the evidence the trucking company may have in its possession.
This could include:
- Dashcam video of the accident
- Data from the truck’s computers
- Information from the trucker’s rest logs
- Post-accident alcohol and drug test results
- The driver’s employee file, health screenings, and more
We use the case we build to support our insurance claim. We usually file a claim based on the trucking company’s liability policy, although we sometimes file more than one claim or lawsuit in these cases. We demand a just payout and negotiate with the insurer or the trucking company’s legal team.
When we succeeded, we negotiated a fair settlement during this period. However, in some cases, we may need to file a lawsuit.
Filing a Truck Accident Lawsuit
We may need to sue the trucker, trucking company, or another liable party if:
- The insurance company will not pay a fair settlement
- The trucking company denies responsibility
- The deadline to sue is near
- Other circumstances may require filing a lawsuit
Most truck accident lawsuits never go to trial. We continue our negotiations and seek a fair settlement throughout this process. We have settled cases in the hours leading up to trial, in mediation, and after filing the initial complaint.
The personal injury lawyers at Buckhead Law Saxton Accident Injury Lawyers, P.C. represent victims hurt in Atlanta truck accidents. We may be able to build your case, file your claim, or sue the liable parties to recover compensation. We are a contingency fee firm. We never charge our clients upfront. Instead, you pay for our representation from the payout we recover in your case. If we do not win your case, we do not get paid.
Georgia Sets a Deadline for Suing an At-Fault Driver or Another Liable Party
Why Us? At Buckhead Law Saxton Accident Injury Lawyers, P.C., we like to work on cases as quickly as possible. We generally cannot file a claim or a lawsuit until you reach maximum medical recovery or we have a good idea about your prognosis and future care needs. However, we can begin building the case much sooner.
We know that some evidence will not be available forever. We need to collect it to preserve it as soon as possible. This could include anything from a video of the accident to an eyewitness statement. We also know how much evidence the trucking company likely has in its possession. We need to identify this evidence and ensure the company protects it for the case.
We also need to move quickly because there is a deadline for suing the liable parties in traffic accident cases. Under Georgia law, victims generally only have two years from the date of their accident to file the complaint in a Fulton County civil court. There are exceptions, but there is no guarantee they will apply in your case. Our team can assess the timeline for your case during your free case review.
Discuss Your Accident With Our Atlanta Truck Accident Attorneys for Free
Speak to a personal injury lawyer from Buckhead Law Saxton Accident Injury Lawyers, P.C., about your rights for free today. We may be able to help you recover from your crash financially and get justice by holding the at-fault driver and their employer accountable. Let us assess your case and talk about your options for pursuing compensation. We can also answer your questions about the applicable laws or the claims process.
Buckhead Law Saxton Injury & Accident Lawyers, P.C. – Atlanta Office
1995 N Park Pl SE Suite 207,
Atlanta, GA 30339
Get Aggressive Legal Help Today!
If you or a loved one has been injured in an accident in Atlanta, you need to take action now. To schedule your free case evaluation, please contact an experienced Atlanta personal injury lawyer at Buckhead Law Saxton Injury & Accident Lawyers, P.C. today by calling 404-890-5631.
Buckhead Law Saxton Injury & Accident Lawyers, P.C. is a Personal Injury Law practice that is an advocate for the underserved in Atlanta.