An Augusta truck accident lawyer can review your case and help you file a claim for damages after a truck crash. We understand these injuries can cause substantial physical, emotional, and financial struggles, and you may not know where to get help. That’s why our team at Barrios Virgüez offers free consultations.
Commercial truck accidents are known for producing some of the most debilitating injuries. It is not uncommon for victims to suffer traumatic brain damage, paralysis, spinal cord injuries, amputation, and other devastating and life-threatening injuries. With an experienced personal injury attorney by your side, you can feel confident pursuing legal action.
Common Types of Truck Accidents
Truck accidents in Augusta occur with alarming frequency. An attorney can help you hold the trucking company liable. If the truck driver or someone else is responsible for your injuries, we can determine their liability, too. That being said, some of the more common types of truck and car accidents we handle include the following:
- Tire blowouts
- Wide turn accidents
- Highway accidents
- Jackknife accidents
- T-bone accidents
- Truck rollovers
- Lost load accidents
- Accidents caused by blind spots
- Underride accidents
- Head-on collisions
- Rear-end collisions
If you have been involved in another type of trucking accident that was not listed above, you may still have grounds for insurance and civil claims. Talk to your truck accident lawyer in Augusta, GA, at Barrios Virgüez today about your injuries and how you can be compensated for your losses.
Common Truck Accident Injuries
These accidents are known for being some of the most catastrophic types of motor vehicle collisions you can be involved in. Your truck accident attorney in Augusta, GA, will carefully examine how your injuries have affected your life so we can ensure you receive compensation for your suffering. Examples of severe injuries we see most often in tractor-trailer accidents include:
Tuck accidents can happen for many reasons, from texting while driving to bad road conditions. Still, if you got a catastrophic injury as a result of a trucking accident, you could be entitled to fair compensation for your damages. To succeed, we must be able to demonstrate that the truck driver’s or someone else’s negligence was the cause of your injuries.
How to Win Your Augusta Truck Accident Case
If you hope to win your lawsuit, your attorney must prove the defendant is liable for your injuries. To do this, we will need to introduce compelling evidence. But we will need to show that the four following elements of negligence have been met:
- Duty of care
- Breach of duty
- Causation
- Damages
Your attorney will use evidence such as security camera footage and accident reports to prove the defendant owed you a duty of care and breached it. This breach must have directly or indirectly caused you to suffer considerable damages. These losses must have substantially affected your life to win your case.
Liability for Truck Accidents
For your claim to be successful, your Augusta truck accident attorney must prove liability based on a preponderance of the evidence. That means the evidence presented must clearly show the responsible party is liable for causing your injuries. A thorough investigation into the cause of your accident will reveal the truth. These accidents can happen for many reasons, from driver fatigue to driving under the influence of alcohol.
Many different parties could share fault for your injuries. The identities of these parties will depend on the details of your case and the type of accident that caused your injuries. Some of the more common parties named in these accident lawsuits include:
- Trucking companies
- Cargo loaders
- The owner of the truck
- Commercial truck drivers
- Safety inspectors
- Truck maintenance technicians
- Commercial truck dealers
- Manufacturers and distributors of truck parts
- Other third parties
- Another distracted driver
When you have suffered a severe injury, trust the team at Barrios Virgüez to fight for your rights. A local truck wreck lawyer at our firm understands just how challenging it can be to deal with an injury after an accident. Let us ease your burden by taking over the legalities on your behalf.
Shared Fault in Truck Accident Claims
Sharing liability for causing your injuries or the accident you were involved in is far more common than you might think. Many victims hesitate to call a lawyer for help because they have concerns that their case will be barred.
However, do not lose hope if you share fault for your injuries. You still can expect compensation, although it may be reduced proportionally. The amount that will be deducted from your injury settlement will correlate with your percentage of the blame.
For example, if you were found 15% at fault for your injuries, expect to recover only 85% of your award. Do not be surprised if the defense tries to blame you for the accident to reduce their financial liability in your case. If you have questions or concerns regarding how Georgia’s shared fault laws will affect your claim, do not hesitate to contact your tractor-trailer collision attorney in Augusta to discuss your case further.
How Survivors Are Compensated
There are multiple ways in which victims can recover the compensation that is rightfully theirs. Generally, there are two ways you can recover your damages: by filing a claim with the insurance company or by bringing your case to court.
Here is more about each of these options and how our semi-truck crash attorneys in Augusta, GA, can help you with your case:
Filing a Claim With the Insurer
In most cases, the liable party is represented by an insurance company. That means you can file a claim with the insurance company to recover certain types and amounts of damages. The amount of compensation and the types of damages you can recover from your insured settlement will depend on the coverage purchased by the policyholder.
Do not expect the insurance company to be willing to settle your claim fairly. They are profit-driven, advantageous, and care about their financial interests over yours.
For this reason, you should have your attorney handle all communications and negotiations with the insurance company. Your attorney can explain the average settlement on trucking accidents to avoid being taken advantage of in your greatest time of need.
Pursuing a Personal Injury Lawsuit
Filing a lawsuit is another way to recover fair compensation for your damages. Although the amount of money and the types of damages you can recover in an insurance settlement may be limited, the same cannot be said for your lawsuit in Augusta civil courts.
Here, you have the right to be made whole and compensated for every loss, which includes some of the more commonly awarded economic and non-economic damages:
- Physical pain and suffering
- Emotional distress
- Property damages
- Loss of enjoyment of life
- Loss of consortium
- Disfigurement and skin scarring
- Loss of income
- Diminished earning capacity
- Medical expenses and medical equipment fees
Our team will help you calculate the diminished value of your vehicle and add up all your losses. Learn more about the value of your claim when you connect with an Augusta 18-wheeler accident attorney at Barrios Virgüez for a free consultation.
File Your Truck Accident Claim Before the Deadline
No one wants to be pressured into pursuing their claim before they are ready. Unfortunately, there are specific deadlines in place that require you to take action as soon as possible. Georgia has a strict two-year statute of limitations in place for personal injury lawsuits, including truck accident claims.
If you are filing a civil lawsuit against the liable party, you will generally only have two years from the accident date to file your claim before the deadline expires. That is true unless extenuating circumstances apply. If your claim is not filed before time runs out, your options for recovering the compensation you deserve will be limited.
Insurance Claim Deadlines
It is not only the statute of limitations you must remember. You must also remember that insurance claims often have a 30-day deadline. If your claim is filed after the time runs out, the insurance company has the authority to deny your claim.
Fortunately, when you have an Augusta truck crash lawyer working for you, you can ensure your claim is filed before time runs out to increase your chances of recovering the compensation you are entitled to.
5 FAQs About Truck Accidents You Need to Know
If you or a loved one has been involved in a truck accident, you may have many questions. Here are some common inquiries and their answers:
What should I do Immediately After a Truck Accident?
Your priority should be ensuring your safety and seeking medical attention. Exchange information with the other driver, call the police, and document the accident scene with photos or videos. After that, contact an attorney. They can explain the steps to take after a truck crash.
How long do I have to file a Lawsuit?
The statute of limitations for trucking accident lawsuits in Georgia is two years. However, it is important to consult with an attorney as soon as possible to understand the applicable deadline.
How long does a Personal Injury Lawsuit Take?
The length of a lawsuit varies depending on factors such as the complexity of the case, insurance company cooperation, and court scheduling.
Can I sue for Wrongful Death After a Trucking Accident?
Unfortunately, many truck accidents end up with the victim’s life. In those cases, surviving family members may be entitled to sue for financial compensation. A wrongful death lawyer can help them understand their legal situation.
While it’s possible to settle a case without an attorney, having legal representation can help protect your rights and maximize your compensation.
What if the Truck Driver was Uninsured or Underinsured?
Your insurance policy may provide some coverage, but an attorney can help you explore all available options and pursue fair compensation from other responsible parties.
Remember, seeking legal advice after a truck crash may be necessary to protect your rights and interests. An experienced attorney can guide you through the legal process and help you recover the compensation you deserve.
Get Help from an Augusta Truck Accident Attorney Today
Are you interested in holding the guilty party accountable for their negligence but find the claims process overwhelming? A dedicated Augusta truck accident lawyer from Barrios Virgüez is here to guide you through these challenging times. Our firm proudly offers no-cost, risk-free consultations for victims across Augusta and nearby cities.
Take advantage of this opportunity. Complete our online contact form or call our office to get started on your case. Our law firm will fight to pursue the maximum compensation available so you do not have to worry about paying the bills while out of work due to a severe injury.
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