Although accidents between cars may be more common, accidents involving 18-wheelers, delivery trucks, and other commercial trucks often lead to much more serious injuries. For that reason, the team at Michael M. Day Law Firm, LLC, is regularly asked about trucks, the trucking industry, and truck collisions. While we appreciate the opportunity to discuss the unique details of truck accident situations on an individual basis, we thought it might be helpful to share some general information about the issues people ask us about most often. Remember, of course, that the full answer always depends on the specific circumstances, so these FAQ answers are meant to provide background information and help you think up more detailed questions to ask your attorney about your individual case.
How Do I Know if I Can Sue for Being Hit by a Truck?
Georgia is an at-fault state when it comes to car and truck accidents, which means that someone who has been hurt in an accident can sue to seek recovery from the person who is at fault for causing the accident. So, if the actions of the other person caused the truck accident in your situation, then you have the right to sue for damages.
If the accident was caused by numerous factors, which is often the case, your lawsuit can include each of the parties that have a share in the fault. If your actions are partially to blame for triggering the accident or making your injuries worse, you can still seek damages from others involved as long as your share of fault is less than 50%. The amount that you recover for the accident will be reduced to account for your share of responsibility.
A truck accident attorney can review the facts of your accident and tell you whether you have the ability to recover compensation for the accident.
Why Are 18-Wheelers So Dangerous?
Semi-trucks, also known as tractor-trailers, big rigs, and 18-wheelers, pose a serious danger to those in other vehicles for several reasons. They are so much larger and heavier than anything else that when they hit an ordinary car, they do tremendous and often horrifying damage. An 85,000-pound semi-truck can crush a 3,000-pound car in a moment. Or, if a tractor-trailer stops unexpectedly, a small car traveling behind it can slide under the truck, shearing off the entire top of the car.
Another reason big rigs are so dangerous is that they are hard to stop and maneuver. The weight and size increase the stopping distance for 18-wheelers so that if a problem occurs, the truck driver will have trouble stopping or taking evasive action to avoid an accident. Sometimes, attempts at evasive action cause collisions that are just as devastating.
A third reason semi-trucks pose a hazard is that they are less stable and can tip over onto other vehicles or “jackknife” so that the cab and trailer fold in together on each other, often trapping and crushing cars. Anti-lock braking systems have reduced the number of jackknife accidents in Georgia, but rollover collisions are still common, particularly when the trailer has been loaded improperly or when roads are slick and drivers travel at a speed too fast for conditions.
Can Truck Accidents Be Prevented?
While it is not possible to guarantee that an approach will prevent all truck accidents, an experienced truck accident lawyer knows there are definitely steps that can be taken to reduce the likelihood and severity of truck accidents. For instance, installing anti-lock brakes in cabs and electromagnetic brakes in trailers has reduced the number of jackknife accidents. Similarly, the attachment of underride guards on the back of trailers prevents many underride accidents.
Trucking companies can reduce the potential for accidents by ensuring that the drivers they employ or contract with have adequate training and that they don’t drive for too long without taking appropriate breaks. They can also help prevent accidents by inspecting and maintaining equipment properly, following appropriate guidelines for loading cargo, and adhering to other safe practices.
Other drivers on the road can help protect themselves from truck accidents by allowing extra distance when following a truck. Big rigs have huge blind spots, so drivers need to watch for sudden lane changes that could occur while the truck driver is unable to see them. But even when other drivers on the road practice defensive driving techniques, they can still be caught off guard and injured in an accident through no fault of their own.
How Much is My Truck Accident Case Worth?
This may be the single most common question people ask a Decatur truck accident attorney. The answer depends entirely on the facts of the situation, so it’s not possible to provide a rough estimate without knowing something about the accident and the resulting injuries. Some of the factors that will affect the value of the case include:
- The type of injuries suffered. Will they leave permanent disabilities or disfigurement? How long will the healing process take? If the injuries lead to death, the family could potentially recover compensation through a wrongful death claim.
- The number of parties that could be held responsible. If the person seeking compensation for their injuries contributed to the cause of the accident, the amount recovered will be reduced by an amount proportional to their share of fault. For instance, if the driver of a car was determined to be following the truck too closely and the court found that the action was 10% of the causation of the collision, then the injured driver would receive 10% less than the full damage award.
- Whether the actions of the driver or the trucking company were outrageously negligent or reckless. If a driver was operating under the influence of drugs or alcohol and the company knew it, for instance, the accident victim might be entitled to additional punitive damages as well as damages to compensate them for their losses.
Talk to the Team at Michael M. Day Law Firm to Learn More About the Value of Your Claim
The best way to get accurate answers to your questions about truck accidents is to contact a Decatur truck accident lawyer at Michael M. Day Law Firm. We can review the specifics of your case and assess the value of your claim. More importantly, we can help you take the right steps to preserve that claim and ensure that you receive full and fair compensation for your losses.
You will need to prove that the negligence or other wrongdoing of others is what caused the accident and your injuries, and this requires acting quickly to preserve evidence. It also requires you to avoid mistakes that could enable the trucking company to deny liability. We can assist you with the right tasks and help you avoid common mistakes, and the sooner you begin working with our team, the more help we can provide. To get started with a free truck accident case evaluation, call 404-480-4284 or contact us online now.