It is difficult to put a dollar figure on the average settlement for a truck accident in Georgia since every crash lawsuit is different. Generally, trucking crash lawsuits pay out more than car collision claims. If you want to get the best settlement, hire a truck accident lawyer in Duluth, GA.
Following a truck crash, partner with Barrios Virgüez. Our Duluth truck accident lawyer will file your claim and put you in the best position to get a fair settlement. Contact us to learn more.
How Insurance Affects the Value of a Truck Crash Settlement
The insurance a truck company has in place can affect your trucking crash settlement amount. For example, a trucking provider may have $1 million in insurance coverage. In this situation, the company may be able to cover the full cost of your crash from its insurance.
However, consider what will happen if you suffer a brain injury or other serious injuries that will affect you long into the future in a truck collision. Even if a trucking company has an insurance policy worth $1 million, there is no guarantee that it will be able to cover all of your losses. At this point, you will need to go beyond an insurance claim to get compensation.
A truck business may have assets and resources that will allow the company to cover all of your damages. At Barrios Virgüez, we will get to the root of your truck accident, find out who is responsible, and help you get the settlement you deserve. For more information, reach out to us.
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When a Trucking Company’s Mistake Helps Boost the Value of Your Claim
To operate a truck in Georgia, an individual must have a commercial driver’s license (CDL). It is a trucking company’s responsibility to make sure each driver has a valid CDL. If a driver does not have this license and causes an accident, the motorist and their employer are responsible, which can increase the value of your claim against them.
In the United States, hours of service regulations apply to truckers. These regulations are designed to help truck drivers avoid long periods behind the wheel. If a truck driver does not comply with these regulations and gets into an accident, the trucker and their employer are accountable, and you are well positioned to maximize your damages.
Proving negligence is paramount when you file a truck crash lawsuit. If a trucker or their employer knowingly did things to put you or other motorists and pedestrians in danger, and you are able to prove this, a judge or jury is likely to rule in your favor. On top of that, the defendant in your lawsuit may be prepared to offer you a settlement that lines up with your expectations.
How Comparative Fault Applies to Truck Accident Lawsuits
Per OCGA §51-12-33, you can be found partly responsible for a trucking crash and miss out on damages as a result. Based on Georgia’s comparative fault statute, you must show that the defendant in your lawsuit was primarily or fully responsible. If you do not, you risk not getting any compensation.
For instance, you can file a truck collision lawsuit and request $10,000. A judge or jury finds that you are 20% responsible for the crash. If this happens, you will receive $8,000 since the comparative fault statute allows the damages that you are awarded to be deducted from your percentage of fault.
Now, consider what will happen if you submit the same claim, but a judge or jury views you as 51% responsible for the accident. In this scenario, a judge or jury rules in favor of the defendant. You will not be awarded any compensation, and you are solely responsible for all of the costs relating to your accident.
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Tips to Help You Get a Settlement in a Truck Accident Lawsuit
In Georgia, the statute of limitations for personal injury lawsuits for truck or car accidents is two years. A truck accident attorney in Duluth will file your claim in accordance with this statute and then pursue opportunities to get a settlement. Your lawyer will also offer tips and recommendations on things you can do to secure the settlement you want, such as:
Be Open to Negotiations
Keep an open mind about settlement negotiations. If you get a settlement that does not fit what you want, you can decline it without any penalties. Your lawyer will keep the lines of communication open with the defendant and their attorney in the hopes of reaching a settlement before a trial is required.
Get accident scene photos and videos, police reports, medical bills, pay stubs, and any other pieces of evidence to support your claim. If you have a body of evidence, you will be able to compel a judge or jury to award you compensation. Your evidence may also convince the defendant to propose a settlement that matches your requirements.
Do Not Take Accountability for the Accident
You did not cause the trucking accident, and there is no reason for you to take any responsibility for it. If the trucking company or their insurer pushes you to make a statement about the collision, notify your attorney. Let your lawyer speak on your behalf, and they will protect your legal rights and best interests throughout your litigation.
Avoid Publishing Content on Social Media
If family members and friends want updates about your truck accident lawsuit, get in touch with them directly. By publishing photos and videos on social media about your crash, you could compromise your lawsuit. If the defendant comes across these photos or videos, they may try to use them against you.
Personal injury cases are frequently settled prior to a trial. Your Duluth truck accident attorney notifies you about settlement offers and discusses these proposals with you. If your lawyer does not believe a settlement proposal is fair to you, they will let you know.
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Get Legal Help with Your Truck Accident Claim
Do not let a negligent trucker or their employer off the hook for your collision. Let the team at Barrios Virgüez represent you in your truck accident case. To request a consultation, contact us today.