If you suffered severe injuries in a truck accident, another party may be financially responsible for your damages. However, to win your case, you must demonstrate that their actions caused your crash. An Atlanta truck accident lawyer with our law firm can prove liability using evidence and their knowledge of state law. This involves investigating the collision, proving negligence, and applying principles of comparative fault.
An Atlanta Truck Accident Lawyer Proves Liability Using Evidence
An Atlanta truck accident lawyer with our legal team can prove liability by investigating your trucking accident and collecting evidence, which may include the following:
- Photographs and debris from the accident scene
- Police reports
- Medical records
- Eyewitness statements
- Cell phone, dashcam, or surveillance footage of the collision
- Testimony from crash reconstruction specialists, medical professionals, and other case experts
Your case’s most compelling evidence may be in the hands of the trucking company. This information may include:
- Driver drug and alcohol screening results
- Accident reports
- Driver’s logs
- Photos of the truck’s damages or records of its repairs
- Records of previous complaints lodged against the trucking company or its employees
- Data from the truck’s “black box” recorder
When you hire a lawyer, they’ll send a spoilation letter to the trucking company to ensure this evidence doesn’t get “lost” or destroyed.
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Your Lawyer Uses Evidence to Prove the Other Party’s Negligence
A party is legally liable for an auto accident if their careless, reckless, or wrongful actions caused the crash. An Atlanta personal injury attorney can prove liability for your truck collision by establishing the following elements of negligence:
- Duty of care. Duty of care is everyone’s legal obligation to act with reasonable caution in any given situation. For example, in a truck accident case, commercial drivers have a duty to obey Georgia’s traffic laws and Federal Motor Carrier Safety Administration (FMCSA) rules and regulations for interstate commerce.
- Breach of duty. A breach is any violation of the duty of care. A driver may breach their duty by speeding or driving drunk. A trucking company may breach its duty by failing to inspect or maintain its fleet of vehicles.
- Causation. An Atlanta accident attorney will use evidence to show that an at-fault party’s behavior was the direct cause of your injury. For example, we may prove that a driver ran a red light because they were texting and driving, which caused them to collide with your vehicle.
- Damages. We will prove that your injury led to financial losses and non-economic damages. We do this using receipts, estimates, and invoices.
Who Can Bear Truck Accident Liability?
Depending on the circumstances that led to your wreck, multiple parties could be liable for your Atlanta truck accident. Those potentially at fault include the following:
- A commercial truck driver. As mentioned, truck drivers must obey state and federal traffic and trucking laws, including following Hours of Service Regulations to avoid fatigued driving.
- A third-party motorist. If another at-fault driver’s actions contributed to your crash, an Atlanta truck accident lawyer can prove they are liable using evidence.
- A trucking company. Trucking companies can be liable for their own negligence and the negligent actions of their drivers under a legal principle known as vicarious liability.
- The owner/loader of the truck’s cargo. Shipping companies must ensure goods are properly loaded, balanced, and secured.
- A vehicle owner or auto manufacturer. If mechanical issues or poor maintenance caused your crash, the owner of the truck, the entity in charge of truck maintenance, or a vehicle or auto parts manufacturer may be financially responsible.
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An Atlanta Truck Accident Lawyer Can Do More Than Prove Liability
A trucking accident lawyer can do more than just prove liability. When you work with our law firm, we handle the details of your case so you can focus on your physical recovery. We can:
- Prepare and file your personal injury claim and related paperwork
- Track and adhere to deadlines
- Manage case-related phone calls, emails, and meetings
- Calculate your financial damages and seek fair compensation for your physical, mental, and emotional pain and suffering
- Negotiate for the maximum compensation possible
- Offer support and updates every step of the way
- File a truck accident lawsuit and represent you at trial if necessary
We Seek Financial Compensation for Your Truck Accident Injuries
With our help, you could recover these losses through a settlement or court award:
- Medical bills, including emergency transportation and services, hospital stays, doctors’ fees, medications, mobility aids, physical therapy, rehabilitation, nursing, and life care
- Lost income, including future lost wages and lost earning capacity if you suffered an injury that affects your long-term work capabilities
- Vehicle and personal property damage costs
- Household services, medically necessary vehicle and home modifications, and other miscellaneous costs
- Non-economic damages, including awards for severe and chronic physical injuries, mental anguish, emotional distress, scarring, disfigurement, loss of mobility, loss of a bodily function, and diminished quality of life
- Wrongful death compensation if your loved one suffered a fatal crash injury
You Benefit From Promptly Securing Legal Representation
You should file any auto insurance claims or liability claims connected to your truck accident immediately. Doing so will ensure you have time to secure a fair settlement agreement before the two-year statute of limitations outlined in O.C.G.A. § 9-3-33 expires.
If you do not file your personal injury or wrongful death lawsuit within the deadline, you likely cannot take legal action, which will remove your leverage over the insurance company. You could end up with a denied truck accident claim and no option to recover damages in civil court.
Contact Bader Scott Injury Lawyers for Help Proving Truck Accident Liability
Contact Bader Scott Injury Lawyers to learn more about how an Atlanta truck accident attorney with our firm can establish liability for your collision. We can get started on your case today with a free, no-obligation consultation.
When you work with our law firm, we never charge attorney’s fees unless and until we win compensation. Connect with a personal injury lawyer near you and start your free legal consultation.