Clayton County Truck Accident Lawyers

Trucks haul goods and materials around Clayton County and are a common sight entering and exiting construction sites. Large commercial vehicles like 18-wheelers also haul goods into Clayton County so that we can buy food in stores and furniture at a local store. Without these trucks, our area would be poorer, with less to buy.

These vehicles are also dangerous when they crash into motorcyclists, motorists, or pedestrians. Given their size, these trucks can leave victims with horrible injuries and large medical bills. The financial stress our clients feel is intense.Luckily, Georgia law gives victims a right to seek financial compensation for many accidents. You need to prove who is at fault for the crash and how much your injuries are costing you.

Call Stewart Miller Simmons Trial Attorneys for help. We can review what you know and provide a preliminary estimate of the strength of your claim. Then we can begin finding additional evidence to use on your behalf. Our consultations are free if you call (404) 529-3476.

Common Truck Accidents in Clayton County

Our legal team is prepared to jump in and represent anyone injured in some of the most common truck accidents:

• Truck rollovers
• Head on collisions
• Underride accidents
• Override accidents
• Jackknifes
• Blown tire accidents
• Chemical spills

These accidents will shut down traffic for hours. Often, multiple vehicles are involved in an accident, with several ambulances pulled up to the scene to cart away the victims.

Injuries from Truck Accidents

The human body can only handle so much trauma. When two cars collide, many occupants suffer major injuries. Now imagine the damage caused when a truck weighing 40 tons smashes into a lighter vehicle. Injuries are usually much more severe.

Our clients often call us as they rehab:

• Concussions
• Traumatic brain injuries
• Fractures
• Chest injuries
• Whiplash
• Compressed nerves
• Back injuries
• Burns
• Shoulder injuries
• Amputation
• Paralysis

When Truckers Are To Blame

Many accidents are the fault of the truck driver. They have an important job, and most trucks require a special commercial driver’s license (CDL). Nonetheless, these truckers make mistakes which end up hurting people:

• Distracted driving
• Intoxication
• Drug use
• Fatigue/falling asleep
• Driving too fast for road conditions
• Tailgating
• Illegal turns and lane changes
• Driving a dangerous truck

Truckers need to ensure their truck is safe to drive before they pull out onto the road. Sometimes, they skip this pre-trip inspection because they are in a hurry, and the truck then malfunctions and crashes.

A trucker who is negligent is liable for an accident. Truckers are not required to be the best drivers on the road. But they must drive with reasonable care. We can sue them when they don’t.

How Trucking Companies Are to Blame

If the trucker isn’t to blame, then odds are high a trucking company is the right defendant. They could:

• Negligently hire and train truckers
• Fail to supervise properly
• Fail to give required drug tests
• Allow a dangerous trucker onto the road
• Neglect to repair their trucks
• Overlook defects on a truck

In Georgia, a trucking company also has vicarious liability when their employee hurts someone on the job. This means you can sue the trucker, but you can also sue the employer, too. That’s only fair, because the trucking company has deeper pockets to pay a settlement. We always review whether we can add the trucking company as a defendant.

Evidence to Establish Fault

Our legal team will gather evidence and review the facts to identify what happened. Maybe the trucker blames you, but you are sure they are to blame. Let us review:

• Witness statements. A witness hopefully spoke to the police officer who came out to the scene following a crash. They can provide a fresh perspective on what happened.
• Electronic data from the truck. Tractor-trailers have “black boxes” which continuously record information about the vehicle. We can ask the truck’s owner for access to this information.
• Photographs or videos. A picture is worth a thousand words. A nearby vehicle might have had a dashcam capture the wreck, or you or someone else took pictures of the vehicles after the collision. This visual evidence helps us analyze fault for the accident.
• Trucker statements. A trucker might have admitted fault or apologized for cutting you off. These statements are helpful, and we can use them. Share with your lawyer anything a trucker said.
• Drug test results. A trucker might have been high or intoxicated. We can ask for access to any chemical test results to use in your case.

This is a brief sample of the evidence we lean on when analyzing truck accidents. Each case is unique, so call for a case assessment.

Truck Accident Settlements

In an instant, a truck accident can devastate a person’s finances. In addition to needing surgery or other medical care, many victims watch as tow trucks haul away their wrecked vehicle. They also cannot work, which means there’s very little cash flow even as bills collect in the mailbox.

Let us negotiate a settlement on your behalf. If we can prove fault, we will demand a defendant pay money for:

• All your medical care to treat injuries, including doctor’s visits, prescriptions, rehab, and more.
• Car damage. You should get your car fixed or replaced, and the defendant should pay for it!
• Lost income or wages if you miss work to recover.
• Other out-of-pocket expenses tied to your accident, like a rental car.

We also push to receive the most for pain and suffering and related losses, like depression or mental anguish. Accidents do a lot more than cost our clients money. These accidents negatively impact their daily lives, sometimes dramatically. Many accidents cause strain on family relationships. You deserve money for the pain and suffering you experience.

Punitive Damages & Truck Accidents

We sometimes ask for punitive damages. These are appropriate if we have clear evidence the defendant acted with indifference to the safety of others or out of wantonness or malice.

Some examples include:

• A drunk or high trucker crashing into someone.
• A trucking company that falsifies safety records to put dangerous trucks on the road.
• A trucker who crashes because of reckless behavior brought about by road rage.

Punitive damages are meant to punish the defendant, with the hopes of deterring this conduct in the future. Call our firm to discuss whether you can request punitive damages.

Fatal Accidents

Truck accidents kill hundreds of Georgians each year. Some of the most dangerous truck accidents are overrides, underrides, and rollovers. A small vehicle cannot sustain so much force against it, and occupants can die from devastating injuries.

If you lost a loved one in a crash, call us. You might qualify to bring a wrongful death claim. This is an unusual type of personal injury claim based on the losses surviving family members suffer. We can review your capacity to bring this claim, as well as the compensation available.

The Effect of Modified Contributory Negligence

Georgia’s law on contributory negligence can dramatically reduce the compensation you take home. The Peachtree State uses a “modified” rule. In short, you cannot receive compensation if you are 50% or more at fault for your crash. For example, you might have been tailgating a truck when you rode under the trailer. That could be partially your fault.

If you are less than 50% to blame, you can still seek money. But any settlement is reduced by your share of fault. That means you could receive 35% less if you are 35% to blame.

Contributory negligence can take a big bite out of many settlements, which is why defendants usually claim you were driving carelessly. Our Clayton County truck accident attorneys will do everything we can to minimize your own responsibility for the crash.

How Our Law Firm Helps Clients

The weeks after a wreck might feel like standing in a hurricane. So much is happening all at once, and many victims are upset at their loss of control. Let us bring stability back to your life. If hired, our Clayton County truck accident lawyers can:

• Demand the defendant stop bothering you at home;
• Review any proposed settlement to see if it is fair;
• Estimate the dollar value of your case;
• Find evidence to sue in your claim, especially evidence to establish fault;
• Request records for use in your case, such as medical records;
• Fill out forms on your behalf;
• Negotiate with the defendant to increase the amount they are willing to pay;
• File a lawsuit before the applicable deadline.

Hire One of Our Clayton County Truck Accident Lawyers

Accident victims deserve the best legal representation when trying to negotiate a settlement. Trucking companies and their insurers are not looking out for your best interests. Instead, they are focused on shielding their bottom line and avoiding liability for a crash. With the right attorney who has the right experience, you can be sure you are treated with the respect you deserve.

Call Stewart Miller Simmons Trial Attorneys today at (404) 529-3476. We offer free, no-strings consultations to any member of the public involved in a truck accident.