Due primarily to big rigs’ immense size and weight, their involvement in accidents often results in life-altering injuries or death. In the aftermath of one of these traumatic accidents, you may be severely injured physically, emotionally, and financially. If you or a loved one was injured in an accident involving a big rig, we urge you to seek legal help from a Kennesaw big rig truck accident lawyer.
At Bader Scott Injury Lawyers, our Kennesaw truck accident lawyers can help you devise a plan to hold the truck driver or other potentially liable party financially responsible for your injuries and losses.
Responsibilities of a Kennesaw Big Rig Truck Accident Lawyer
Big rig trucks have special laws regarding maintenance, operation, and safety measures. For this reason, personal injury and wrongful death cases can be complex, and various parties can be potentially liable for compensating victims and their loved ones.
A big rig trucking accident attorney in Kennesaw can help with your case by:
- Protecting your rights and explaining your legal options
- Thoroughly investigating the accident scene
- Gathering evidence, including police reports and your medical records
- Conducting eyewitness interviews
- Gathering information from the truck’s black box device and maintenance records
- Consulting with expert witnesses, such as accident reconstruction specialists
- Identifying and calculating your losses
- Negotiating with insurance companies
- Filing a lawsuit
- Taking your case to trial, if necessary
Our Kennesaw personal injury lawyers routinely handle these tasks and more. Bader Scott Injury Lawyers is available to answer your questions and explain your legal options for pursuing compensation for your losses.
For a free legal consultation with a big rig truck accidents lawyer serving Kennesaw, call (404) 888-8888
Recoverable Damages in a Big Rig Truck Accident Claim
In a personal injury claim, damages represent the losses you have suffered due to your accident and injuries. These losses can be financial or personal and may include the following:
- Current and future medical expenses, including emergency treatment, hospitalization, surgeries, doctor’s visits, prescription medications, etc.
- Lost wages due to leave taken from work while recovering from injuries
- Diminished earning capacity due to the inability to work in your former position or pursue career prospects in the future
- Property damage, including repairing or replacing your vehicle and any other property damaged or destroyed in the accident
- Physical pain and suffering
- Emotional anguish
- Scarring and disfigurement
- Loss of enjoyment and quality of life
The statute of limitations in Georgia for filing a personal injury lawsuit is two years from the date your injuries occurred, per O.C.G.A. § 9-3-33. You must meet this deadline to be eligible for compensation unless you qualify for a rare exception.
Wrongful Death Damages
If you lost a loved one due to another party’s negligence in a Kennesaw big rig truck accident, you may be entitled to file a wrongful death claim. The damages you may be eligible for include the following and more:
- The decedent’s medical bills
- Emotional pain and suffering
- Loss of the decedent’s companionship
- Loss of future financial support
Like personal injury lawsuits, wrongful death lawsuits have a two-year statute of limitations. This means you must file a lawsuit within two years of your loved one’s death, or the court will likely throw out your case.
Kennesaw Big Rig Truck Accident Lawyer Near Me (404) 888-8888
Demonstrating Negligence and Determining Liability for a Kennesaw Big Rig Accident
For legal purposes, negligence is the failure to uphold a duty of care owed to another. Both individuals and entities can be guilty of negligence, which requires proving the following elements are true in your case:
- Duty of care: The potentially liable party owed you or your loved one a duty of care to act cautiously and not cause harm.
- Breach of duty: They breached their duty of care by acting carelessly or negligently.
- Causation: Their failure to uphold their duty of care caused an accident.
- Damages: You incurred financial or other losses as a direct result of the accident.
Typically, insurance companies are responsible for paying compensation on behalf of negligent parties. Common at-fault parties in a big rig accident include the truck driver, trucking company, or those responsible for truck maintenance or loading cargo.
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Trucking Laws and Regulations in Kennesaw, Georgia
Owners and operators of big rigs are subject to regulations set by the Georgia Department of Public Safety and the Federal Motor Carrier Safety Administration that are unique to these large commercial vehicles. Notable examples of the requirements truckers and trucking companies must follow include the following:
- Truck drivers operating commercial motor vehicles must obtain a commercial driver’s license (CDL), which involves passing certain tests. They are also subject to federal hours of service regulations, which dictate how long they can operate their vehicles before taking compulsory rest breaks. Truck drivers must also use electronic logging devices (ELDs), which replace traditional written logs, to record a driver’s service hours electronically.
- Trucking companies must adhere to various regulations intended to ensure safe truck operation, such as driver qualifications and alcohol and drug testing. They must also comply with regulations that govern the handling and transportation of hazardous materials.
- Trucking companies must routinely inspect and maintain their vehicles to ensure they meet safety standards and comply with specific weight restrictions. They must also register their vehicles with the appropriate authorities and obtain the necessary permits for intrastate and interstate operations.
- Truckers and trucking companies must maintain adequate liability insurance coverage to pay for potential accidents and damages.
These are just a few of the rules trucking companies and drivers must follow. Your Kennesaw big rig truck accident lawyer can explain more about these laws and how they may apply to your case.
Get Help From a Kennesaw Big Rig Truck Accident Attorney at Bader Scott Injury Lawyers Today
At Bader Scott Injury Lawyers, our personal injury attorneys understand the complicated nature of big rig accidents and how to navigate the legal process on your behalf. Our law firm will fight tenaciously for your rights and the fair compensation you deserve for your injuries and losses.
Contact us today for a free, no-obligation consultation to discuss the circumstances of your case and explore your legal options.