After being involved in a devastating commercial truck accident, you may be critically injured, mentally overwhelmed, and unsure of what your next steps should be. Understanding how the truck accident lawsuit process works can help you prepare for what is to come and feel more confident moving forward with your claim.
With the support and advice of a reputable Duluth truck accident lawyer from Slam Dunk Attorney 24/7, you can take action and fight for the fair compensation you deserve.
The truck accident claims process may be intimidating, but with the right law firm advocating for your rights, you have an opportunity to hold the liable party accountable to the fullest of the law. Do not let yourself be stuck covering the costs of someone else’s negligence. Demand justice starting with your truck accident lawsuit and insurance.
The Truck Accident Claims Process in Texas
It is completely normal to be confused following your truck accident and have no idea how to figure out who is at fault. Fortunately, your Duluth car accident lawyer with Slam Dunk Attorney can walk you through it step by step so you can build your confidence moving forward with your claim. Here is a general overview of the truck accident lawsuit process in Georgia:
For a free legal consultation, call 404-951-3513
The Investigation
We start with a detailed investigation into the cause of your commercial truck accident. The burden of proof in personal injury lawsuits is based on a preponderance of the evidence as described by Georgia Code §24-14-1.
This means the evidence we present to support your case must be clear and convincing. Otherwise, the jury may not find the defendant liable for your damages.
There is a wide variety of evidence we will be looking for throughout the course of our investigation. We will need to speak with witnesses to the accident as soon as possible so we can get their account of the collision while it is still fresh in their minds.
Other types of evidence that may be beneficial include:
- Photos of the accident scene
- Reports created by accident reconstructionists
- Testimony from responding police officers
- Video footage of the accident scene
- Copies of the defendant’s chemical alcohol test results
- Copies of the truck driver’s employment history and driving record
The Establishment of Blame
Our investigation will determine who is responsible for causing the accident. We need to establish blame for the collision before we can move forward with your truck accident lawsuit. Some of the parties who are often sued for damages in truck accident insurance claims and civil lawsuits include:
- Truck drivers who drive distracted, drowsy, drugged, drunk, or recklessly
- Motor vehicle parts designers, manufacturers, and distributors that design, manufacture, and install defective or malfunctioning motor vehicle parts
- The owner of the tractor-trailer if they failed to make necessary safety repairs
- The trucking company for violating Federal Motor Carrier Safety Administration (FMCSA) rules and regulations, including hours of service regulations under 49 CFR 395
- Dram shops that sell or serve alcohol to an already intoxicated truck driver, a violation of Georgia dram shop liability laws under Georgia Code §51-1-40
Click to contact our personal injury lawyers today
The Review of Damages
Once our investigation is complete and we know who is responsible for causing your injuries, we can move forward with the claims process. Our next step is to review the various ways your life has been affected by the injuries you sustained.
You are entitled to a wide variety of economic and non-economic damages, some of which could include:
- Loss of income
- Reduced earning potential
- Pain and suffering
- Medical expenses
- Diminished quality of life
- Loss of household services
- Loss of consortium
- Personal property damages
- Auto repair costs
- Insurance premium increases
- Disfigurement and skin scarring
- Emotional distress
Complete a Free Case Evaluation form now
The Insurance Claim Filings and Negotiations
Once we know how much your damages are worth, we can move forward with the insurance claims process. Georgia follows fault-based insurance laws as described by the Georgia Office of Commissioner of Insurance and Safety Fire, so you can expect to file a claim against the at-fault party’s insurance provider. However, the claims process may be trickier than you were expecting.
This is because the insurance company is going to suffer a financial loss by paying out on your claim. For this reason, you can expect the insurer to look for any reason they can to reduce your settlement or deny your request for compensation entirely.
Do not let yourself be taken advantage of by the insurance company when you can have your Duluth catastrophic injury lawyer handle the negotiation process on your behalf.
The Truck Accident Trial
Not every truck accident case will need to go to trial. If the driver who hit you is uninsured, you may not have an insurance company to file a claim with. If the driver who hit you is underinsured, you can still recover a settlement, but it will not cover the full value of your economic and non-economic damages.
Most insurance settlements do not cover the value of non-economic damages. If you cannot recover a settlement through the insurance company that fully meets your needs, going through with a truck accident lawsuit may be in your best interests.
Do not wait to pursue justice through a personal injury lawsuit, as you only have two years from the date of your truck accident to file your lawsuit per Georgia Code §9-3-33.
Get Help from a Top-Rated Truck Accident Lawyer from Slam Dunk Attorney Today
Although the truck accident claims process can be an overwhelming burden to bear, you do not have to handle it alone. In fact, you can turn over every legal detail to your dedicated car accident lawyer from Slam Dunk Attorney so you can focus more of your time and energy on recuperating. Let us put our 20+ years of trial experience to work for you and your family.
Our comprehensive investigation will help us identify the liable parties and pursue the appropriate avenues for legal recourse. This is your chance to fight for the compensation that is rightfully yours.
Fill out our secured contact form or call our office to schedule your free, no-obligation consultation as soon as today.
Call or text 404-951-3513 or complete a Free Case Evaluation form
