Several different parties can be sued in a truck accident lawsuit, including the following:
- Trucking companies
- Truck drivers
- City, county, or state government entities
- Private citizens who contributed to your truck accident
- Manufacturers who distributed defective car parts
- Employees of a company that created a hazard in the roadway
You are allowed to sue almost anyone who may have been liable for your truck accident in the state of Georgia—except your employer.
If you were injured in a truck accident while you were working and wish to recover damages from your employer, you will have to file a workers’ compensation claim.
A lawyer from our firm can help you understand who can be sued after a truck accident in your area.
Determining What Caused Your Truck Accident
Truck accidents are usually caused by one of four things: driver error, mechanical failure, weather conditions, or roadway hazards. To determine what caused your accident, you will need to gather sufficient evidence to present before the court. Some victims find this part of their legal proceedings to be difficult, especially if the defendant has retained legal counsel to cast doubt on their claims.
If you retain a truck accident lawyer from our firm, we can use our legal experience to establish a timeline of events alongside a collection of evidence that reveals the identity of the liable party.
To achieve this, we can collect evidence from a multitude of sources, including:
- Employee records
- Cell phone records
- Police reports
- Video surveillance of the accident
- Accident recreation experts
- Physical evidence transferred from one vehicle to another
- Skid marks
- Medical records
- And more
For a free legal consultation, call (404) 888-8888
Maintaining Your Eligibility for Compensation
As described under O.C.G.A. § 51-12-33, truck accident victims can share partial responsibility for their accident and still remain eligible for damages. However, the important word here is “partial.” If you are 50% liable or more, you technically bear half or most of the blame for the accident, so you cannot recover damages
If you are under 50% liable, you can seek compensation. However, your responsibility will affect your financial settlement. The court will carefully assign a percentage of responsibility to each party, and your proportion of liability will be deducted from your settlement at the end of your proceedings.
If you are eligible for compensation, you could collect a number of damages for your accident-related losses. These damages include:
- Healthcare expenses
- Property damage
- Rehabilitation programs for physical and mental ailments
- Specialized aid for disabilities
- Lost wages
- Impaired earning capacity
- Loss of enjoyment of life
- Mental anguish
- Loss of consortium
- Post-traumatic stress disorder (PTSD)
- And more
As you consider your legal options, just keep in mind that O.C.G.A § 9-3-33 places a two-year statute of limitations on truck accident lawsuits in Georgia. While most cases may resolve through the insurance claim process, there are some instances where we will need to take your case to court. If the insurance company refuses to agree to a fair settlement, we may need to exercise your legal rights.
If you want to seek compensation for the full range of your losses, you need to take legal action before time runs out.
Bader Scott Injury Lawyers Can Help You Take Legal Action
Here at Bader Scott Injury Lawyers, our law firm has offices all over the state of Georgia, from Atlanta to Norcross to Savannah and beyond. We will not back down from a challenge, whether your case involves a major trucking company or a private citizen.
We have worked with numerous truck accident victims, so we know the kinds of problems you may find yourself running into. Without a firm understanding of the law, it can be difficult to determine who can be sued in a truck accident lawsuit. With one of our truck accident attorneys in your corner, you do not need to worry about studying legal textbooks or searching for a credible legal source.
Our ultimate goal is to make this entire process as simple as possible for you so you can heal from your injuries and rebuild the life you love. For more information about how our truck accident attorneys at Bader Scott Injury Lawyers can help, contact a representative today at (404) 888-8888 to receive your free consultation.