If you or a loved one was injured in a truck accident in Georgia, contact an experienced Cordele truck accident lawyer at Joe Durham Jr., P.C. today. Our attorneys are well-versed in the complex state and federal laws that apply to truck accidents, and we have a successful track record of winning these types of cases.
Contact us today at 229-210-6226 for a free consultation and to learn about your legal options. We’re here to fight for your rights and help you get the justice and compensation you deserve.
Truck Accident Statistics
According to the Federal Motor Carrier Safety Administration, 4317 fatalities occurred in crashes involving large trucks in 2016, with 179 of these accidents occurring in Georgia. While this number has decreased since 2006 and 2010, large truck accidents still pose a significant danger to motorists.
The Governor’s Office of Highway Safety in Georgia reported 1164 fatalities in 2014, with 117,347 drivers and passengers injured in car accidents that year. The majority of fatal accidents involving large trucks occur in rural areas (61%) and on interstate highways (27%), with approximately 84% of these accidents taking place on weekdays. Large trucks account for nearly one in every six fatalities in Georgia, despite making up only a fraction of the total number of vehicles on the road.
Several factors contribute to the high number of truck accidents in Georgia. The vehicle and the driver are the primary causes. Driver errors can result from internal and external distractions, speeding, sleeping, illness, fatigue, aggressive driving, tailgating, poor driving skills, and misjudgment of gaps. In addition, road conditions, mechanical defects, and truck defects can also play a role in truck accidents in Georgia.
What Should You Do After a Cordele Truck Accident?
When you are involved in a truck accident in Cordele, it is crucial to stay calm and avoid admitting fault. Here are the steps you should follow:
Call 911
In the event of an accident, the first step is to call for help by contacting emergency services. Dial 911 immediately, and if you’re injured, ask someone nearby to make the call on your behalf.
Help Others
After an accident, it’s important to prioritize safety. If possible, check to see if any other individuals involved in the accident need assistance, and offer help if you are able.
Exchange Information
After ensuring your safety and the safety of others involved in the accident, it is important to gather information about the incident. This includes obtaining the contact details of the truck driver, such as their name, license number, insurance provider, and the truck company.
Document the Scene and Speak with Witnesses
It’s important to gather evidence to support your claim in case of a truck accident. This includes taking photos and videos of the accident scene, including any geographic markers or street signs, as well as obtaining contact information from witnesses who saw what happened. This evidence can help prove negligence and strengthen your case.
Seek Medical Attention
It’s essential to report any injuries to the emergency responders when you call 911. After medical help arrives, ensure that you receive proper medical attention and evaluation. Don’t ignore follow-up visits with your doctor, even if you feel okay. Sometimes, you may have internal injuries that the emergency medical team may have missed. It’s crucial to take care of your health after an accident.
Contact an Attorney
By contacting a Cordele truck accident lawyer, you can ensure that your rights are protected and that you receive fair compensation for your injuries and damages. At Joe Durham Jr., P.C., we have a track record of successfully handling truck accident cases in Georgia and will work tirelessly to get you the justice and compensation you deserve.
What are the Laws Regarding Truck Accident Liability?
Trucking companies and their drivers are required to comply with both federal and state laws when operating on Georgia roads. The Federal Motor Carrier Safety Administration (FMCSA) and the United States Department of Transportation are federal entities responsible for regulating the trucking industry. The FMCSA sets safety standards, including regulations regarding truck weight, maintenance, and driver hours.
In addition to federal laws, Georgia has its own regulations that govern the trucking industry. Commercial truck drivers must have a specialized license to operate their vehicles, and for interstate trucking, drivers are required to have insurance coverage of at least $750,000. For trucks carrying hazardous materials, insurance coverage of $5,000,000 is mandated by state law.
How Can a Truck Accident Lawyer Help?
Filing a lawsuit in Georgia can be a complicated process, especially when it comes to truck accidents. Trucking companies often have their own defense attorneys, medical experts, and investigators who work to protect them.
However, at Joe Durham Jr., P.C., we are committed to fighting for your rights if you have been involved in a truck accident in Georgia. Our team will work tirelessly to build a strong case on your behalf, including gathering evidence, consulting with experts, and negotiating with insurance companies.
Here’s a brief overlook of what we do:
Investigation
After a truck accident in Georgia, the trucking company and their insurance company will often quickly send a team to gather information in order to limit their potential payouts. However, by contacting Joe Durham Jr., P.C., we can conduct our own investigation to determine what really happened and which parties are liable.
We can handle communication with the insurance company and advise you not to discuss your injuries with the defendant’s team. Our expertise in Georgia laws can give you the best chance to receive the full value compensation you deserve.
Filing a Claim
Once we have gathered all the necessary information regarding your truck accident, we will file your claim. This claim will detail all injuries sustained, the other party’s negligence, and demand appropriate compensation. Our team of Cordele truck accident lawyers is prepared to resolve your case through settlement negotiations or litigation if necessary.
Negotiations
Insurance companies often attempt to negotiate settlements outside of court. In some cases, the defendant’s insurance adjusters may initiate settlement negotiations with your lawyer prior to filing a formal truck accident lawsuit in Georgia.
Settlement negotiations can also continue after a claim has been filed. If settlement negotiations fail, our team at Joe Durham Jr., P.C. will pursue litigation in court to seek the compensation you deserve.
Litigation
If negotiations with the defendant’s insurance adjusters fail, our Cordele truck accident attorneys are prepared to take your case to court to fight for justice and demand maximum compensation for you. We are equipped to present our case and will bring in expert witnesses if necessary to strengthen our argument and increase your chances of receiving the compensation you rightfully deserve.
What Types of Compensation Can I Receive?
Economic Damages
Economic damages are quantifiable and include expenses such as medical bills, surgery costs, therapy, and other related costs. In a truck accident case, economic damages also cover lost wages, which is the compensation for income lost due to the inability to work.
Lost earnings capacity can also be claimed, which compensates for future earnings affected by the sustained injuries.
Non-Economic Damages
Non-economic damages are intangible losses that do not have a specific monetary value. They include:
Mental anguish
Victims of truck accidents in Georgia may suffer emotional and mental trauma, which can cause worry, anxiety, fear, and emotional distress.
Pain and suffering: The severity and duration of the pain, as well as the severity of the injuries, are considered when calculating compensation for physical pain experienced by the victim. The at-fault party is responsible for compensating the victim for all physical pain.
Punitive Damages
These damages are called punitive damages. They are awarded to the victim when the defendant’s actions are found to be intentionally harmful, reckless, or malicious. Punitive damages aim to punish the defendant and deter similar actions in the future.
In Georgia, punitive damages are limited to a maximum of $250,000, unless the defendant’s actions were motivated by a specific intent to cause harm.
Is There a Deadline for Filing a Claim?
In Georgia, the statute of limitations for filing a truck accident claim is two years from the date of the accident. It’s crucial to file your claim within this period to avoid the risk of having your case dismissed.
How is Fault in a Truck Accident Determined?
To determine who is at fault in a truck accident, multiple types of evidence can be used. In Georgia, as an at-fault state, responsible parties must pay for their actions. Evidence that may be used to determine fault includes police reports, witness statements, vehicle photos, weather conditions, scene photos, manufacturing defects, and analyzing the driver’s logbook. It is important to gather and preserve evidence as soon as possible after a truck accident.
In Cordele, Georgia, fault in an accident is determined based on various rules, such as:
- If a driver was engaged in negligent actions, such as talking on the phone, they are likely at fault.
- A driver who has violated a traffic law is considered at fault.
- If the owner of a vehicle failed to maintain it, leading to an accident, they are at fault.
- Drivers who tailgate are usually at fault for rear-end accidents.
- Who Can be Held Liable For a Truck Accident in Cordele?
Drivers are not always solely responsible for truck accidents. Other parties can also be found liable for the accident. In case you are involved in a truck accident in Cordele, you may pursue damages from these parties:
Truck Driver
If a driver is found to have violated traffic laws, they should be held responsible for their actions. If you have been involved in a truck accident in Cordele, you can sue the driver for negligence, such as texting while driving or driving under the influence of drugs or alcohol.
Trucking Company
If a poorly maintained truck caused your injuries, you can file a claim against the trucking company responsible for maintaining the vehicle.
Company Who Loaded the Truck
If an accident occurs due to improperly loaded cargo, the loading company can be held liable for the damages. They are required to adhere to safety rules that ensure proper weight distribution on the truck. If these rules are ignored and an accident happens, the loading company can be sued for damages.
Vehicle or Parts Manufacturers
Truck manufacturers have a duty to install properly functioning parts, and defective or faulty parts can affect the driver’s ability to control or stop the truck in time, potentially causing accidents. Premature wear and tear on parts can also be a contributing factor.
At Joe Durham Jr., P.C., our truck accident attorneys conduct thorough evaluations of all evidence and investigate independently to determine who is at fault. We will not rest until the responsible parties are held accountable for their actions.
Review Your Claim With Our Cordele Truck Accident Lawyers
Accidents can happen unexpectedly, but it’s important to hold responsible parties accountable for their actions. Truck accidents can result in severe injuries or fatalities, and it’s crucial to take legal action within the two-year time limit in Georgia. At Joe Durham Jr., P.C., we can help you understand your legal options and seek compensation for damages caused by the accident.
Our experienced truck accident attorneys can investigate the accident, gather evidence, and determine who is at fault. We will fight to recover economic damages such as medical expenses and lost wages, as well as non-economic damages like pain and suffering. If the at-fault party’s actions were willful or malicious, we may seek punitive damages on your behalf.
We offer free case evaluations and work on a contingency basis, meaning you won’t pay us until we win your case. Contact us today at 229-210-6226 to speak to one of our Cordele truck accident lawyers, available 24/7.
