How to Prove Fault in a Georgia Truck Accident

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Trucks are heavy and big. The greater weight and size of a truck can create greater damage in an accident. Typically, trucking companies carry large insurance policies that can cover damages. 

Trucking Accidents Can Be Dangerous and Deadly

A report from the Federal Motor Carrier Safety Administration (FMCSA) confirmed that in 2017, nearly 450,000 truck collisions were reported. Of these accidents, 23% resulted in injuries, and almost 1% resulted in death or multiple deaths. 

In Georgia, according to a report from the Georgia Governor’s Office of Highway Safety, there are approximately 1,500 truck accident fatalities per year. 

If you have been involved in a truck accident in Georgia, there are key legal concepts to be aware of. As these cases can be complex, you may want to talk to a Marietta Personal Injury lawyer to understand your legal rights. 

Statute of Limitations for a Truck Accident in Marietta

The statute of limitations is a rule that defines how long you have to file a lawsuit. Typically, in Georgia, you have two years to file a personal injury lawsuit against a truck driver or other people who may be liable for the accident. 

Who Might Be Involved When Proving Fault in Georgia

Truck accidents are typically complex, as many people may be involved and held liable for damages.

Each case is unique, and depending on your situation, the evidence often reveals which parties could be liable in a Georgia truck accident case. 

The driver or person who owned or operated a truck when the accident took place will typically be liable. If this person had a history of drunk driving or was not fit to operate a commercial truck, the employer could be involved in negligent action. 

If the truck accident was due to mechanical failure, a parts manufacturer could be involved and held liable. Yet, there are instances when manufacturers may not be held liable, such as if the parts were installed improperly, modified, or poorly maintained.

Evidence To Prove Fault in a Marietta Truck Accident

In proving fault in a Georgia Truck accident, lawyers use specific evidence. This may include statements made on a police report taken at the time of the incident. 

In some cases, witness statements may provide insight. These may be taken at the time of the accident or established after the event. Expert witnesses may submit testimony for settlement conferences or testify at a trial. These experts typically understand how to interpret evidence that could be relevant for an assessor, jury, or judge.

Visual evidence may come into play. This may be photos taken of the scene, videos, or even social media documentation that shows events before, during, or after an accident. 

These pictures could provide evidence that shows the other driver was speeding, intoxicated, or acting in a careless manner that contributed to the crash.

Navigate Complex Truck Accident Cases in Marietta

The huge force of a commercial truck presents increased danger to drivers and passengers of other vehicles. While the conditions vary on a case-to-case basis, their liability may be affected by additional rules and regulations.  

If you have been injured in a semi-truck accident, a legal professional can provide insights to help evaluate your legal options.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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