Newnan Truck Accident Lawyer

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Newnan Truck Accident Attorney

Large commercial trucks are common sights on Georgia roads. These large vehicles are responsible for transporting essential goods and materials across the country, and while most drivers are used to encountering them on the road, it is vital to understand that they are inherently very dangerous due to their size. If you recently experienced a truck accident, it is vital that you contact a Newnan truck accident lawyer as quickly as possible to discuss your recovery options.

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Helping Truck Accident Victims Recover in Newnan, GA

The team at Trammell & White has years of professional experience representing clients in all types of complex vehicle accident cases, including commercial truck accident cases. If you were injured because of a commercial truck driver’s negligence, or if you are unsure how to claim compensation for your damages after such an accident, it is imperative that you consult our team as quickly as possible.

Dalton Trammell and Garrett White strive to provide comprehensive and client-focused legal counsel in every case we accept. We know that the average person is likely to have many difficult legal questions they will not be able to answer for themselves after this type of incident, and we can provide the direction you need in this situation. You can rely on our team to help you prove fault and guide you through the complex series of legal proceedings ahead of you.

Dangerous Contributors to Truck Accidents

In 2021, 5,788 people were killed, and an estimated 154,993 people were injured in traffic crashes that involved large trucks. In addition to this, approximately 523,796 large trucks were involved in police-reported traffic crashes throughout the United States in 2021.

Truck driving comes with an elevated level of responsibility on the road. Due to the sheer size of semi-trucks and the contents they may be carrying, it is incredibly important that truck drivers avoid anything that can elevate the risk of an accident. Here are a few examples of things that can cause accidents involving trucks:

  • Distracted driving: According to the 2023 Georgia Distracted Driving Observational Survey, at least one in every five drivers at any location or time on Georgia roads may be distracted. This can lead to deadly and/or severe accidents.
    For truck drivers, most of their time is spent behind the wheel, and the familiarity and even tediousness of that may lead to distractions, such as zoning out, adjusting the radio, sending a text, changing to a different podcast, eating, or trying to get something from the passenger side.
    It may feel like it will only take a few seconds, but that is the amount of time in which a fatal accident can occur. If you suspect a truck driver is distracted, it is wise to report it just in case a medical incident is occurring or a crash could be imminent.
  • Driving while impaired: It is estimated that about 3% of fatal truck accidents involve driving while impaired (DWI). While working with a blood alcohol count (BAC) of higher than 0.08% would be frowned upon at any job, it is especially risky when your work involves driving an 80,000-pound semi-truck.
    If you suspect a truck driver is operating their vehicle while under the influence of alcohol, drugs, or another controlled substance, call 911 immediately. You may be able to help prevent a fatal accident.
  • Fatigue: When you spend hours behind the wheel of a truck, it is easy to start zoning out and to become fatigued. The traffic may ebb and flow, and the scenery may change, but the hum of the truck and your stationary position may lead to your eyes feeling heavy.
    While you may have a schedule to keep to, if you are unable to be a responsive and alert driver, it is safer to be off the roads. It is better to be delayed because of unbeatable fatigue than because of a life-ending accident. Report any driver you witness falling asleep at the wheel to help protect them as well as those around them.
  • Location: While most car accidents occur in urban areas, fatal truck accidents do happen in rural areas. It is possible that the driver is paying less attention because of the decreased number of vehicles on the road, or maybe back roads tend to be less cared for in the event of weather phenomena. No matter what the cause is, remain alert when driving near large trucks in rural areas.
  • Weather: It is hard enough to drive a four-wheel vehicle in the middle of a rainstorm. Add sixteen more wheels and several thousand pounds, and you will have a vehicle that has a much harder time adjusting to tricky weather. According to the Federal Highway Administration (FHWA), nearly 21% of all vehicle crashes are related to the weather, with rain making up roughly 70% of said crashes.
    Trucks can be harder to slow down and redirect, so when they are following safety protocol, they tend to approach their route with a higher level of caution than other drivers might. It is a good reminder not to drive recklessly around semi-trucks when the weather is bad, even if the slow way they are driving frustrates you.
  • Speeding: More than 50% of road accidents in the state of Georgia are caused by speeding. While it may be fun to drive fast, or you may be running late, it is always better to be late but safe, especially along I-85 and Georgia Highway 34 (GA-34). You could end up protecting not just yourself but also the lives of countless others.
  • Poor truck and cargo maintenance: If a truck and/or its cargo are not properly cared for and maintained, dangerous crashes can occur. Cargo may fall off the back of the truck, wheels could pop, and on very rare occasions, things can explode if the temperature is not properly cared for.

Proving Fault for a Truck Accident in Newnan

In Georgia, the fault rule applies to all motor vehicle accidents. This means that it is necessary to prove fault before you can recover compensation for your losses after an accident. Trucking accidents may happen for the same reasons that all other vehicle accidents occur, but they are also likely to happen because of several unique risk factors. Driver fatigue, improperly loaded cargo, and failure to enforce trucking industry regulations are just a few examples.

When truck accidents happen because of negligence, the injured party must prove that the defendant owed a duty of care that they failed to fulfill and consequently caused the accident. If an accident happens because of illegal misconduct like intoxicated driving, the plaintiff will need to prove the defendant broke the law in causing the accident, and the defendant is likely to face criminal prosecution from the state.

Vicarious Liability Makes Truck Accidents Harder to Resolve

One issue that makes many truck accident cases more difficult to resolve than standard motor vehicle accident claims is the concept of vicarious liability. This term applies when an employer bears responsibility for the actions of their employee. For example, if a trucking company never performed a necessary background check on a driver and that driver caused an accident, the trucking company could be held vicariously liable for the resulting damages.

Your Newnan truck accident lawyer can assist you in gathering all of the evidence you may need to firmly establish fault for your accident. This could include vehicle maintenance records, cell phone data, traffic camera recordings, and testimony from any witnesses who saw the accident happen. Once you prove fault, you can claim compensation for your damages.

Claiming Compensation Through Auto Insurance

Every driver in Georgia must have auto insurance that meets minimum coverage requirements, and this law extends to commercial vehicle drivers as well. Many trucking companies have insurance that outpaces what the average driver carries, but this does not mean you should assume that insurance alone will cover your losses after a truck accident or that filing your claim will be easy.

A Truck Accident Lawyer Can Help You Make the Claim Filing Process Easier

Your Newnan truck accident lawyer can help you navigate the insurance claim filing process with confidence. They can ensure that your claim is handled in good faith and that you receive a fair settlement offer from the at-fault driver’s insurance carrier. If you encounter any disputes or if your claim is unfairly denied, your attorney can resolve these issues for you until you receive an acceptable settlement offer.

A truck accident lawyer can be a lifeline after a collision with a semi-truck, offering advice and guidance to navigate the chaos that follows. They start by gathering police reports, witness statements, and data from the truck’s black box, if available, to build a strong case proving fault, which is trickier with commercial vehicles due to multiple parties, like drivers, trucking companies, or manufacturers.

They handle insurance companies, who often lowball victims, negotiating to secure fair compensation for medical bills, lost wages, and pain that can pile up fast after a severe wreck.

Beyond that, they tackle legal complexities, like federal trucking regulations that might’ve been violated, giving your claim an edge. If the case goes to court, they represent you, using evidence to argue against deep-pocketed firms that might otherwise overwhelm an individual.

They also assess long-term impact, like ongoing therapy or disability, ensuring settlements reflect future needs, not just immediate costs. In short, they level the playing field, letting you focus on recovery while they fight for what you’re owed. With truck accidents often causing worse injuries than car crashes due to size and weight, their help can make all the difference.

Remember that if you bear partial liability for your accident, it could diminish your recovery, and an insurance company could use allegations of shared fault from their policyholder as an excuse to deny your claim or justify a lowball settlement. Having an experienced Newnan truck accident lawyer assist you with the claim filing process is the optimal way of streamlining your interactions with an insurance carrier.

Recovering From a Truck Accident With a Personal Injury Claim

A personal injury claim will be the optimal legal vehicle for you to use to recover any damages that you cannot recoup through auto insurance. In cases involving fatal accidents, a wrongful death claim may also be pursued under the broader umbrella of personal injury law. The objective of any personal injury claim or wrongful death claim is to prove that a defendant is liable for the damages cited in the claim and to recover compensation. Your Newnan truck accident lawyer can help build your case, gathering the evidence needed to prove liability and assert the extent of the damages the defendant caused.

Success with a personal injury claim will require proving that the defendant directly caused the damages cited in the claim through negligence or some form of illegal misconduct. The plaintiff will have the right to seek compensation for economic and non-economic damages they suffered from the incident, which may include compensation for their vehicle repair costs, medical expenses, lost income, and pain and suffering.

Economic damages are generally proven with the appropriate documentation, while non-economic damages can be more challenging to prove due to their intangible and subjective nature. Your Newnan truck accident lawyer will know how to make a compelling argument to show the severity of your physical pain, psychological trauma, and diminished quality of life resulting from your accident.

If your accident resulted from any type of illegal misconduct, it is possible for you to receive punitive damages and/or restitution along with compensation for your claimed losses. Your attorney can advise you as to if and how any such variables may impact your overall recovery. Ultimately, you have the greatest chance of maximizing your total compensation when you have trustworthy legal representation on your side.

FAQs

How Much Is My Truck Accident Claim Worth in Newnan?

The potential value of your truck accident claim in Newnan will depend on the severity of your damages and whether the accident resulted in any permanent harm. Your Newnan truck accident lawyer can potentially assist you in recovering compensation for all economic damages you incurred from the accident, including compensation for projected future economic losses, along with compensation for the pain and suffering you experienced.

What Happens if I’m Partially Liable for a Truck Accident?

If you are found partially liable for your recent truck accident, you will likely lose a percentage of your case award to reflect this shared fault. Georgia’s modified comparative negligence rule states that a plaintiff’s fault percentage will be deducted from their case award as a penalty, but only up to 50% fault. If the plaintiff is found 50% or more at fault, they cannot claim compensation for their damages from any other liable party.

Why Should I Hire a Newnan Truck Accident Lawyer?

You should hire a Newnan truck accident lawyer because your case could be far more difficult to resolve than you initially expected, and it is possible for many unexpected challenges to arise as you attempt to prove fault for your accident and collect compensation for your damages. Your attorney can help you establish liability, navigate the insurance claim filing process, and build a personal injury claim for you if necessary to ensure your recovery.

How Do I Prove Fault for a Truck Accident?

You may be able to prove fault for a truck accident by leveraging physical evidence, digital evidence, and witness testimony. Photos of the scene of the crash, statements from witnesses who saw it happen, and digital evidence like traffic camera recordings and cell phone data are often invaluable for resolving truck accident cases. Your attorney can also investigate whether a trucking company upheld applicable regulations or if they share fault for their driver’s actions.

What Are Attorneys’ Fees for a Newnan Truck Accident Lawyer?

Attorneys’ fees for a Newnan truck accident lawyer will only be a percentage of your total case award when you choose Trammell & White to represent you. Our firm uses a contingency fee policy for all car accidents, truck accidents, motorcycle accidents, and other vehicle accident cases. We will only take a percentage of your final award as our fee if and when we win your case, and you pay nothing if our firm is unable to secure compensation for you.

Get the Help You Need and the Justice You Deserve Today

At Trammell & White, our lawyers are dedicated to your case. We make it our goal to help you gather evidence and build a compelling case, guiding you every step of the way as together we work toward an outcome that can bring you some peace. You deserve to feel good about the time and money you spend in the pursuit of justice and compensation.

The right attorney is an invaluable asset after any serious accident. Trammell & White has the experience necessary to resolve the most challenging truck accident cases, and we are ready to put our experience to work for you. Contact us today and schedule your free initial consultation with a Newnan truck accident lawyer to learn more about the legal services we offer and how we can help you recover from your recent accident.

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