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Georgia Trucking Accident Attorney

Truck Accident Litigation Support for Catastrophic Injuries

Look to a Georgia truck accident lawyer to help you with any recent driving problems you may have experienced. An accident with a semi-truck can occur at any moment, no matter how cautious you are being.  If you are suffering from an injury sustained in a large truck accident contact us today. At Andrew R. Lynch, P.C. we cannot promise you an outcome or predict the future, but if an outcome is possible we will work with you to make it a reality.

You need an attorney who will focus on protecting your rights and maximizing the value of your case while you focus on healing.  At Andrew R. Lynch, P.C. our job is to look out for your interests and fight to get you full monetary value for your injuries. We have a Decatur truck accident lawyer on hand to help you with your questions.

Trucking accidents are a serious problem in Georgia, often resulting in catastrophic injuries or death to the automobile driver or passengers involved in the collision. Trucks are inherently dangerous. Trucking accidents occur because of:

  • Aggressive drivers
  • Illegally driving excessive hours
  • Failure to maintain the truck properly
  • Driver fatigue
  • Overloaded trucks
  • Speeding
  • Cell phone use
  • Failure to install blind spot mirrors to avoid dangerous lane changes
  • Jackknifing

According to the National Center for Statistics and Analysis, thousands of motorists are killed each year by large trucks — those weighing more than 10,000 pounds. A Decatur truck accident lawyer can explain how tractor-trailers, 18-wheelers, and semi-trucks fall into this category.

Trucking accidents have an increased chance of causing severe injuries because in most cases, a truck cannot remain upright during an accident. Additionally, truck drivers have limited visibility and maneuverability. These factors greatly contribute to trucking accidents. Whether the driver is distracted, falls asleep at the wheel or just isn’t paying attention, accidents caused by these massive vehicles can kill or catastrophically injure motorists, as any qualified truck accident lawyer in Decatur, GA, can tell you.

Truck drivers and the companies they work for have a responsibility to operate their vehicles in a safe manner. Unsafe driving, oversized or unsecured cargo loads and various other factors put the public and the truck operators in danger. A Decatur truck accident lawyer can help you figure out if unsafe driving occurred.

The trucking company can be held financially responsible not only for chronic pain and discomfort caused in the accident, but for your medical costs, loss of wages, and any permanent injury or disability caused by the accident. Look to a truck accident lawyer Decatur trusts to help you find out which damages to pursue.

At the law office of Andrew R. Lynch, P.C., we believe your case should be prepared to for trial.  Mr. Lynch prepares your case for trial so that you can explore every outcome and make the choice that is right for you.   We have found that putting this hard work into your case puts us in a position to get you the best outcome possible.

We cannot promise you an outcome or predict the future, but if an outcome is possible we will work with you to make it reality.  If you or someone you know is injured in an accident involving a large truck, it is important that you seek out a Decatur truck accident lawyer as soon as possible.

When Truck Drivers Suffer as a Result of Collisions

Too often, the public forgets that when large commercial trucks are involved in accidents, truck drivers may be injured and sustain property damage just as the drivers of passenger cars do. While it is true that trucks involved in accidents generally hold up better than passenger cars do simply because they are significantly larger, weigh more and are built to withstand moderate impacts, trucks can certainly sustain significant damage (and their drivers may be injured as well) when they are involved in collisions. It is partially for this reason that it is so important for truck drivers involved in trucking accidents to contact attorneys experienced in advocating for the interests of commercial drivers. Andrew R. Lynch, P.C. boasts years of experienced advocating for the rights of individuals involved in both car and truck accidents. Please consider scheduling a consultation today in order to explore your legal options, which may include insurance claim appeals, personal injury suits, workers compensation claims and/or downtime claims.

Downtime Claims – The Basics

If your truck is currently being repaired and your lack of access to that truck is costing you time and money, you may be eligible to file a downtime claim. An experienced Decatur truck accident lawyer will be able to help you explore whether your situation meets the criteria associated with this specific kind of legal action. In general, downtime claims are filed when a truck driver (who is not solely at-fault for the accident in question) loses profits while his or her truck is being repaired in the aftermath of an accident. Although not every state requires insurance companies to approve legitimate downtime claims, you may be able to successfully file one with the help of a Decatur truck accident lawyer.

One of the reasons why it is particularly helpful to have the guidance of an attorney when filing a downtime claim is that calculating the potential profits you are currently losing out on is a tricky business. If your profits are not calculated properly, your claim could be rejected. It is partially for this reason that working with a Decatur truck accident lawyer early in your claims process is ideal. It is generally easier to have a claim processed successfully first instead of having to appeal a rejection.

Truck Accident Assistance Is Available

If you have been injured in an accident while driving a truck, please consider scheduling a consultation with an experienced Decatur truck accident lawyer as soon as you possibly can. As time goes by, your legal options may become more and more limited. As a result, it is important to seek guidance promptly after an accident occurs. Too many truck drivers are unaware of the kinds of benefits and damages they may be entitled to after they have suffered harm in an accident. An experienced Decatur truck accident lawyer can provide clarity and help you to benefit from any and all legal options currently available to you as a result of your circumstances.

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Contact Andrew R. Lynch, P.C. for a free consultation today.

A ​​Truck Accident Company’s Responsibility For Accidents 

Your Decatur, GA truck accident lawyer knows that a truck accident company can be held responsible for a truck accident in various ways, primarily through legal concepts such as vicarious liability and negligent hiring practices. When a commercial truck is involved in an accident, multiple parties can potentially share liability, including the trucking company, the truck driver, and even the manufacturer or maintenance provider. Reach out to Andrew R. Lynch, P.C. when you need help after an accident. Here are some ways in which a truck accident company can be held accountable for a truck accident:

  1. Vicarious Liability: Vicarious liability, also known as “respondeat superior,” holds an employer or trucking company responsible for the actions of its employees (truck drivers) when those actions occur within the scope of employment. If a truck driver causes an accident while performing their job duties, the trucking company may be held liable for the driver’s negligence or reckless behavior.
  2. Negligent Hiring: Trucking companies have a duty to hire qualified and competent drivers. If a trucking company fails to conduct thorough background checks, verify qualifications, or overlook a driver’s history of traffic violations or accidents, they may be considered negligent in their hiring practices. In such cases, the trucking company can be held responsible for any accidents caused by the driver’s incompetence or dangerous behavior.
  3. Inadequate Training: Trucking companies must provide proper training to their drivers to ensure they can safely operate large commercial vehicles. If a trucking company neglects to provide adequate training, it can be held liable for accidents resulting from the driver’s lack of skills or knowledge.
  4. Negligent Maintenance: Truck companies are responsible for ensuring that their fleet of trucks is properly maintained and regularly inspected. Negligent maintenance practices, such as failing to address mechanical issues or ignoring required repairs, can lead to accidents. In such cases, the trucking company may be held liable for the accident and resulting damages.
  5. Violation of Hours of Service Regulations: The Federal Motor Carrier Safety Administration (FMCSA) imposes strict hours of service regulations to prevent fatigued driving among truck drivers. Your Decatur truck accident lawyer knows that trucking companies must ensure their drivers comply with these regulations to prevent accidents caused by driver fatigue. If a company encourages or ignores violations of these regulations, they can be held responsible for resulting accidents.
  6. Negligent Supervision: Trucking companies have a duty to oversee their drivers and ensure they follow safety protocols. Negligent supervision, such as failing to address a driver’s history of safety violations or allowing drivers to operate beyond their capabilities, can result in accidents for which the company may be held liable.
  7. Failure to Maintain Proper Insurance Coverage: Trucking companies are required to carry sufficient insurance coverage to protect against potential accidents and compensate victims for their injuries and damages. If a trucking company fails to maintain adequate insurance coverage, they may be held responsible for any financial losses resulting from an accident.

Truck Wreck Legal FAQs

What Should I Do If I’ve Been Involved In A Truck Accident?

This is one of the most frequent questions, but you might be surprised to know you already know the answer. If you’ve been involved in a truck accident, treat it like a regular car accident – but be ready to take down as much information as possible.

Yes, a truck accident is scary and involves a big rig, but at the end of the day, you go through pretty much the same motions as a “regular” car accident. Stay calm, call emergency services, and make sure you’re in a safe space before getting out to assess the damage. If anyone has been injured, you’ll need to make sure they get medical attention as soon as possible.

The main difference between truck accidents and car accidents usually has to do with the aftermath. While you’re documenting the accident and taking photos of everything, you might notice that the truck is either an independently contracted vehicle, or part of a corporate fleet. This is where things start getting a little different.

Who Pays My Damages?

When it comes to any kind of vehicle accident, people always wonder “Who’s going to pay for this?” In a truck wreck, it really depends on whether the truck is part of a fleet, or operated by an independent contractor.

If you were involved in a truck accident with a truck that was part of a corporate fleet, the corporation’s insurance will step in. But if the truck operator was an independent contractor, they’ll have their own insurance policy that should reimburse you if the truck operator was deemed at-fault. However, it’s important to remember that not all insurance providers are quick to release your much-needed funds.

How Can A Truck Wreck Lawyer Help Me?

A truck wreck can cause serious injury, and you can’t always rely on insurance providers to release your money in a timely fashion. Many insurance providers actually make more money by sitting on your money and letting it generate interest, so it’s not always in their best interest to give you your money when you need it most.

And of course, if you were seriously injured in a truck wreck, you’ll be dealing with expensive bills on top of your already-mounting financial obligations. It’s a perfect storm of money and bills, but our Georgia truck wreck lawyer can help you get the money you need from all the responsible parties. Our truck accident attorney can also walk you through any further questions you might have about how to handle the aftermath of your accident.

What Is A Police Report?

When you are in an accident, you are required to report the crash to the police. In most cases, an officer will arrive at the scene of the accident to investigate. The officer will write his or her report from an unbiased, “just the facts” perspective. The report will include the time and location the crash occurred, what kind of injuries victims suffered, damage to vehicles and/or surrounding property, statements from the drivers’ accounts of what occurred, weather and environmental conditions that may have affected the situation, and witness identification and statements.

Your lawyer can use any and all information in the police report to prove the truck driver and/or the trucking company is liable for the accident since the officer will also include their professional opinion as to why and how the accident happened. If the report cites the other driver as the liable party, this statement will hinder any attempt by the trucking company’s insurance company to try to blame you for the crash in order to avoid paying your damages.

How Is Fault Determined In A Truck Accident Case?

Eyewitness testimony and an investigation of the accident scene can help determine who was at-fault in a truck accident. For example, if it’s discovered that the truck driver who caused the accident was driving too many consecutive hours, the driver and trucking company may be held liable.

What Is the Deadline For Filing A Truck Accident Claim?

Personal injury claims, including truck accident claims, must adhere to filing deadlines. In Georgia, the statute of limitations to file a truck accident claim is two years from the date of the accident. If you don’t file your claim within that time period, you will no longer be eligible to receive compensation.

What Counts As A Commercial Truck?

There are numerous vehicles that qualify as commercial trucks. The determining criteria generally considers the weight of the vehicle, with the gross vehicle weight ranking at 26,000 pounds or greater. Tracker trailers typically weigh in at 70,000 to 80,000 pounds, exponentially larger than the average sedan, at 3,000-4,000 pounds. The following vehicles are all considered to be trucks in the state of Georgia:

  • Delivery truck
  • 18-wheeler
  • Tractor trailer
  • Box truck
  • Dump truck
  • Oil/gas truck
  • Big rig
  • Semi-trailer
  • Tow truck
  • Commercial truck
  • Refrigerated truck

Andrew R. Lynch, P.C. – Georgia Truck Wreck Lawyer

125 Clairemont Avenue, Suite 470 Decatur, GA 30030

Reach Out Now

Holding trucking companies accountable for their actions is essential to ensuring safer roads and protecting the rights of accident victims. Victims of truck accidents should seek legal counsel to determine liability and pursue fair compensation for their injuries and damages. Reach out to the team at Andrew R. Lynch, P.C. to see how our Decatur truck accident lawyer can assist you with your claim.