Truck Accident Attorneys in Dalton, Georgia

The aftermath of a truck accident often involves serious injuries, emotional distress, and financial burdens. At Mitchell & Mitchell, PC, we understand the challenges you may face following a truck accident and we're here to give you the support, guidance, and legal representation you need to move forward. 

Let's take a closer look at some of the things you could do as a victim of a truck accident to protect your rights, build a strong case, and work toward achieving the justice and compensation you deserve. 

Understanding Truck Accidents

Truck accidents are not like regular car accidents. The sheer size and weight of commercial trucks result in collisions that cause severe damage and life-changing injuries. Factors such as driver fatigue, improper maintenance, and overloaded cargo can contribute to truck accidents. Identifying the cause of a truck accident is critical to building a strong case. 

Truck accidents often involve multiple parties: the trucking company, the manufacturer of the truck or its parts, and the loading company, each of whom may share liability. Investigating a truck accident requires a comprehensive approach.  

This includes analyzing truck driver logs, maintenance records, and black box data. It also involves employing expert witnesses to reconstruct the accident. Understanding these complex factors is necessary to ensure that all responsible parties are held accountable for their actions.

What to Do After a Truck Accident

Knowing what to do immediately after a truck accident can protect your rights and strengthen your case. Here are some steps to take: 

• Seek medical attention: Your health comes first. Even if you feel fine, get checked by a medical professional. 

• Document the scene: Take photos of the accident scene, your vehicle, and any visible injuries. Also, gather the contact information from the truck driver, witnesses, and any responding officers. 

• Get legal assistance: Reach out to a personal injury attorney as soon as possible so they can start collecting evidence and working on your case right away. 

• Report the accident: File a report with the police and obtain a copy. This official documentation can support your claim. 

• Avoid speaking about fault: Do not discuss who was at fault with the other parties involved. Limit your conversation to exchanging contact and insurance information. 

• Notify your insurance company: Report the accident to your insurance company but avoid giving detailed statements without legal advice. 

• Preserve evidence: Save all records, receipts, and documents related to the accident, including medical bills and repair estimates. 

• Avoid posting on social media. Insurance companies and opposing attorneys can use such posts against you. 

• Follow medical advice: Comply with medical treatment plans and attend all follow-up appointments to document the extent of your injuries. 

Truck Accident Laws in Georgia

Georgia has strict laws when it comes to truck accidents. It's important to understand these laws, as they could affect the outcome of your truck accident case and your ability to seek compensation for your injuries. 

Statute of Limitations 

In Georgia, as in many other states, you have two years from the date of the accident to file a personal injury lawsuit. You must act quickly to ensure you don't miss this deadline. 

Comparative Negligence 

Georgia follows a comparative negligence rule whereby if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are 20% at fault, you can still recover 80% of the damages. 

Truck Regulations 

Commercial trucks must comply with federal and state regulations regarding hours-of-service rules, weight limits, and maintenance requirements. Violations of these regulations work as critical evidence in your case. 

Mandatory Insurance Coverage 

Trucking companies are required to carry higher insurance coverage than regular passenger vehicles. This ensures sufficient coverage for the extensive damage and injuries that may result from a truck accident. 

Vicarious Liability 

Under the principle of vicarious liability, the trucking company can be held liable for the actions of its drivers. If the driver was acting within the scope of their employment at the time of the accident, the company may share responsibility. 

Wrongful Death 

If a truck accident results in a fatality, Georgia law allows the family of the deceased to file a wrongful death claim. This claim can be used to seek compensation for medical expenses, funeral costs, and loss of companionship. 

Uninsured and Underinsured Motorist Coverage 

Georgia law mandates that all vehicle insurance policies offer uninsured and underinsured motorist coverage. This may be crucial if the truck driver involved in the accident does not have adequate insurance to cover your damages. 

Punitive Damages 

If the truck driver's behavior was found to be especially negligent or reckless, you may be entitled to punitive damages. These are designed to punish wrongdoers and deter similar conduct in the future.