If a construction truck company denies responsibility for an accident one of its drivers caused, you should consult a Dunwoody truck accident lawyer experienced in proving liability and getting results for their clients. This situation can be tricky to manage, especially by yourself, as you recuperate from severe injuries and adjust to changes in your everyday life resulting from them.
Your attorney can investigate the accident, gather persuasive evidence, and fight insurance adjusters and uncooperative construction truck companies. Finally, they’ll pursue compensation for medical bills, lost income, and other losses in court. In most cases, a truck accident lawyer will represent you on contingency, meaning you will pay nothing upfront and nothing out of your pocket to fight for the money you need.
A Construction Truck Accident Lawyer Can Help You Fight a Denied Claim
A collision with a massive construction vehicle can leave you with severe physical injuries and significant emotional scars. The aftermath of an accident can be stressful and frightening. Discovering the trucking company and its insurance carrier deny liability only adds to an already anxious situation.
However, with a construction truck accident lawyer representing you, they can help you prove the trucking company’s liability, appeal a denied claim, and take your case to trial if necessary.
Prove the Four Elements of Negligence to Substantiate Your Injury Claim
Financial liability for a construction truck accident starts with identifying what caused the accident and proving the following legal elements of negligence:
- Duty of care: The trucking company or other at-fault party owed you a duty of reasonable care.
- Breach of duty: The at-fault party did not meet their responsibility to act reasonably.
- Causation: The at-fault party’s actions directly caused or contributed to causing the accident.
- Damages: The injured party suffered financial expenses and losses because of the accident and its aftermath.
Proving negligence is a mandatory part of an effective insurance claim or appeal. You can establish these elements by collecting compelling evidence.
For a free legal consultation, call (404) 888-8888
Truck Accidents FAQs
What Are the Specific Regulations for Construction Trucks in Georgia?How Can I Prove a Construction Truck Was Overloaded at the Time of the Accident?What Should I Do if the Construction Truck Company Denies Responsibility?What Role Does Maintenance History Play in Construction Truck Accident Claims?What Are the Legal Deadlines for Filing a Construction Truck Accident Lawsuit?How Do Weather Conditions Impact Construction Truck Accident Claims?Gather Evidence That Proves the Construction Company’s Financial Liability
The construction company’s insurance carrier will demand proof of its policyholder’s negligence. Without evidence, it will not consider a settlement; instead, it will likely deny your claim. Your lawyer will support your insurance claim, appeal, or lawsuit with a persuasive evidence file.
Evidence Related to the Truck Driver
Collect the truck driver’s logbooks, training records, CDL (commercial driver’s license), and other professional licenses. Additional evidence might include any tickets or citations the police officer issued the driver at the crash site. Finally, obtain data and recordings from the truck’s black box if it has one.
Evidence Related to the Truck and Its Parts
Gather the truck’s repair and maintenance history and any evidence that indicates the truck was in disrepair or suffered from a manufacturing issue. You could collect similar proof for the truck’s parts, including tires, brakes, and windshield wipers.
Evidence That Depicts the Accident Scene
Save dashcam, traffic cam, and other photos and video footage that captured any or all of the accident’s sequence of events—even from smartphones carried by witnesses. You can also obtain pictures depicting the road and weather conditions when the accident occurred.
The Benefits of Hiring a Construction Truck Accident Attorney
Hiring a truck accident lawyer—especially someone who has experience representing insurance companies and understands their tactics—to handle your initial claim or appeal can allow you to focus your time, energy, and attention on getting better.
Your attorney will take these steps to manage your case:
- Handle all verbal, written, and electronic communication
- Deal with the insurance adjuster and construction truck company
- Obtain, complete, and submit insurance claim forms
- Collect and organize evidence and submit it on your behalf
- Identify any bad-faith insurance practices affecting your claim
- Protect you from lowball settlement offers
Your lawyer can also describe all the phases of the claim appeal process and guide you through each. Finally, they will represent you at the negotiation table and fight to maximize your financial recovery.
A Lawyer Can Help You Identify Other Negligent Parties
Suppose a local road department knew about but did not fix a malfunctioning traffic signal that contributed to your construction truck accident. You could hold a government or municipal agency liable for your losses.
Or let’s say a defective truck part failed just as the driver entered the intersection and hit your car. You might have a claim against the manufacturer.
Your lawyer will investigate whether your truck accident could have been prevented or avoided without these factors, then help you file your insurance claim or lawsuit against one of these negligent entities.
A Construction Truck Accident Lawyer Can Assess Your Recoverable Damages
You can request the following compensation for a negligence-based construction truck accident:
- Past and future medical bills
- Past and future lost income
- Loss of future earning ability
- Property damage or destruction
- Diminished property value
- Disability or disfigurement
- Physical pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
You can also request wrongful death damages for your family if you lost a loved one in the accident. Your lawyer can clarify which family members can receive compensation.
Your Lawyer Can File Your Lawsuit Within the Statute of Limitations
The construction company, its legal representatives, and the insurance provider will have reason to deny your claim if you don’t file it on time. Besides the insurance company’s claim deadlines, you must remember Georgia’s statute of limitations (O.C.G.A. § 9-3-33) for truck accident lawsuits:
- Two years from the accident date to file your personal injury lawsuit
- Two years from your family member’s passing to file for wrongful death
Specific exceptions could affect the filing deadlines, but a truck accident lawyer can ensure you don’t miss your chance to recover compensation.
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Get Help Pursuing Damages for a Denied Construction Truck Accident Claim
Were you or a loved one injured in a truck accident where the construction truck company denied liability? Or did you lose a loved one because of a construction truck company’s negligence? Bader Scott Injury Lawyers can explain your options to get the compensation you need and deserve.
You do not have to accept a denied claim without a fight. Contact our team today to explore your options.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
