In Georgia, construction truck accident cases are handled differently from other truck accidents based on who was injured in the crash. The injured party—a passenger vehicle driver, pedestrian, etc.—could have a personal injury claim. An injured construction worker could receive workers’ compensation and possibly a third-party claim.
An East Point construction truck accident lawyer will represent injured construction zone employees and laypersons. Explore your financial recovery options with a no-cost, no-obligation review of your injury claim.
Financial Recovery for Laypersons Injured in a Construction Truck Accident
If you or a loved one is a driver, pedestrian, bicyclist, or motorcyclist injured by a construction truck accident, you can pursue compensation by identifying the negligence that caused the collision. The legal elements of negligence include:
- Duty of care
- Breach of duty
- Causation
- Damages
Potentially liable parties can include the driver, construction company, repair shop, cargo loader, and the truck or parts manufacturer.
Evidence Matters in Construction Truck Accident Cases
To prove negligence and financial liability, your case file will include the following evidence:
- Medical records that describe your injuries and their severity
- Medical bills that document your ongoing treatment expenses
- Salary history records that prove the value of your lost wages
- Car accident report that cites causes and contributing factors
- Accident scene photos, videos, and reconstruction reports
- Witness statements from laypersons and relevant experts
- Trucker logbooks, licensing history, and training records
Negligence also matters if you are an injured construction worker with a valid third-party claim. Your lawyer will help you seek additional compensation with a personal injury insurance claim or lawsuit based on the accumulated evidence.
Personal Injury Lawsuits Have Mandatory Filing Deadlines
You have a limited time to file a lawsuit against the at-fault party. In general, you have two years to file your personal injury or wrongful death lawsuit, according to O.C.G.A. § 9-3-33.
If your lawsuit is not filed on time, you could be prohibited from filing your lawsuit at all, and the insurance company will refuse any attempt at settlement negotiations.
The filing deadline could also fluctuate based on various factors. A lawyer can help you avoid these potentially costly outcomes by filing your lawsuit on time.
Recoverable Damages for Personal Injury Claims
The negligent party in your truck accident case can be legally compelled to compensate you for the following economic damages:
- Past and future medical bills
- Rehabilitation and therapy
- Past and future lost wages
- Lost future earning potential
- Property damage or destruction
- Diminished property value
Your recoverable non-economic damages can include:
- Physical disability
- Physical disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
Your family could be entitled to wrongful death damages for the loss of a loved one in a truck accident. These can include funeral and burial expenses, loss of financial and household contributions, and loss of consortium, companionship, guidance, and support.
For a free legal consultation, call (404) 888-8888
Truck Accidents FAQs
How Are Construction Truck Accident Cases Handled Differently from Other Truck Accidents?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?Workers’ Comp Benefits for Employees After a Construction Truck Accident
If you were injured in a construction accident in the course of your job, you could be entitled to workers’ compensation benefits. Obtaining those benefits can be a long and involved process. Your workers’ compensation lawyer will help you:
- Understand the full range of benefits
- Submit a complete, error-free application
- Report your workplace accident on time
- Document the severity of your injury
For your workers’ comp claim, you do not need to prove negligence. You can recover benefits because you were hurt at work, regardless of the cause.
Workers’ Compensation’s Medical Benefits in Georgia
As an injured construction worker, you can get medical care starting from the moment you become injured. According to Georgia’s State Board of Workers’ Compensation (SBWC) regulations:
- All approved treatment is paid by your employer’s worker’s compensation insurance
- You will not receive a bill for approved care ever
- Vocational rehabilitation, if necessary, is covered
The construction company will have a list of approved physicians who provide care. If your injuries are catastrophic—such as resulting in limb loss or blindness—you could receive lifelong care.
Workers’ Compensation’s Financial Benefits in Georgia
In general, injured workers receive two-thirds of their average weekly pay when injuries prevent them from returning to work. How long you receive benefits depends on how your disability is rated.
Theoretically, you could receive temporary total disability compensation for up to 400 weeks. In some instances, your disability compensation benefits could be less based on your injury and recovery. If you have suffered a permanent disability, your workers’ compensation benefits could be paid out over your life or in a lump sum settlement.
If you are represented by a lawyer, they can ensure your disability rating is correct and your average weekly wage is accurately represented.
Death Benefits for Surviving Families of Georgia Construction Workers
If your family lost a loved one in a construction accident, you could be entitled to two-thirds of their average weekly wage (up to $800.00 per week). Death benefits are capped at $320,000.00, though certain conditions could apply.
When Construction Truck Accidents Become Third-Party Liability Claims
As a Georgia construction worker, you cannot sue your employer. You could, however, have a valid personal injury lawsuit against a third party whose negligence caused your accident, including:
- Contractors
- Subcontractors
- Vendor or supplier
- Parts manufacturer
- Truck manufacturer
It can be hard to accurately identify and attribute negligence to a third party on your own. A construction truck accident lawyer can handle it for you and help you fight for personal injury and wrongful death compensation.
It Costs Nothing to Hire a Construction Truck Accident Attorney
Workers’ comp and third-party lawsuits both fall under personal injury. A personal injury lawyer will accept your case on a contingency fee basis. They will cover all the costs of building your case and are only compensated when they recover damages for you. If you do not get a financial award, you will not owe any fees at all.
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Get Legal Support for Your Truck Accident Claim
If you were injured in a construction or other truck accident, we can help you get compensation. We pursue workers’ comp claims for injured construction workers and third-party personal injury claims for other injured parties.
Find out how construction truck accident cases are handled differently from other truck accident cases. Contact our consultation team at Bader Scott Injury Lawyers to learn more.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
