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Truck Accident Frequently Asked Questions

Welcome to the Van Sant Law truck accident FAQs page. We have created this resource to help Georgia truck accident victims find simple answers to frequently asked questions.

Understanding more about the truck accident claim process can help you navigate the aftermath of your accident with more confidence and peace of mind.

FREQUENTLY ASKED QUESTIONSQ: Who Is at Fault for My Truck Accident?

A: Determining liability for truck accidents is not always straightforward. Your truck accident attorney will work to identify all parties with some potential responsibility, and will seek to hold them accountable. Liable parties may include the truck driver, the trucking company, parts manufacturers, or others. Trucking companies are common co-defendants in truck accident claims along with truck drivers, as employers are generally deemed responsible for negligent or careless acts of their employees.

Q: What if I Was Partly at Fault for the Truck Accident?

A: In Georgia, an accident victim may still be able to recover compensation for losses after a truck accident — even if the victim was partially at fault. However, your settlement may be reduced in proportion to the amount of responsibility you bear. For example, if your actions were found to be 25% responsible for the accident and the other parties were 75% responsible, the total amount of damages would be reduced by 25%. If you are not sure if you have a claim because of your part in causing the accident, talk to a truck accident lawyer who can review the facts and circumstances for you.

Q: How Common Are Truck Accidents?

A: Unfortunately, truck accidents occur all too often on Georgia’s roadways. In fact, nationwide, injury accidents involving trucks and passenger vehicles number in the tens of thousands annually. Roughly 1% of truck accidents result in fatalities. If you are considering filing a truck accident claim to recover compensation for your losses after an injury accident, consult with an experienced attorney who has a track record of success handling accidents like yours. While past results are no guarantee of success, your lawyer’s previous experience and knowledge of trucking regulations could give you an edge in your claim.

Q: What Steps Should I Take After a Truck Accident Injury?

A: The most important thing to do after an injury accident is to seek prompt medical attention. In addition to helping speed your recovery, the medical treatment you receive will be a key element in your personal injury claim, should you decide to pursue compensation for your losses. You should also report the accident to law enforcement and to your auto insurance company. If anyone witnessed the accident, try to capture their names, contact information, and statements about what they saw. If you can safely take pictures or record video of the crash scene, this evidence can also be helpful later. Finally, when you feel up to doing so, consult with a knowledgeable truck accident attorney about your rights and options.

Q: Can I Include the Trucking Company in My Lawsuit?

A: Your truck accident lawyer will work to identify all parties with some responsibility for the accident. In many cases, this includes trucking companies. In situations where the truck driver was an independent contractor, the trucking company may not be liable as an employer. However, the trucking company may have been negligent in other ways, contributing to the accident.

Q: Should I Accept the Settlement Offer?

A: Accident victims should never accept initial settlement offers without first consulting with knowledgeable personal injury attorneys. Insurance companies want to settle truck accident claims as quickly, and as inexpensively, as possible. Unfortunately, accepting an initial settlement usually means that the victim is barred from seeking any further compensation for their injuries. Your lawyer can help you evaluate whether a proposed settlement is fair.

Q: How Does Truck Driver Fatigue Contribute to Crashes?

A: Truck drivers often work long hours. While trucking laws include limitations on the hours drivers can operate their vehicles and mandate the completion of hours-of-service logs, drivers can skirt these rules — and do so far too often. Whether drivers are trying to complete their routes early or meet financial incentives, spending too much time behind the wheel can lead to inevitable fatigue. When drivers are tired, they are less attentive and less responsive. Your legal team can help determine if driver fatigue played a role in your accident.

Q: How Is a Truck Accident Investigation Executed?

A: Every truck accident is different. Part of your truck accident lawyer’s job is to conduct a thorough investigation into the facts and circumstances. This typically includes contacting the trucking company to obtain the Driver Qualification File, reviewing data from the on-board recorder, reviewing police reports, talking to witnesses, reviewing the National Transportation Safety Board’s report, and more.

If you were injured in a truck accident in Georgia, or if a loved one was injured or killed in an accident, we are here to help you through the legal claims process. Contact Van Sant Law today with any additional questions.

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Attorney David M. VanSant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney VanSant and his team of professionals dedication and quality of service, my life is back on track. Let the VanSant team handle your case! You're in good hands. Crystal