Understanding the average settlement for a truck accident is difficult, as each settlement is specific to the circumstances of the accident. However, there are some elements which typically remain the same.
If you’ve been injured in a truck accident, a Georgia truck accident attorney can help you recover a fair settlement. Contact us today for a free consultation.
Factors Affecting Georgia Truck Accident Settlements
A number of factors will affect the value of a settlement offer. These factors include the following:
- Who was the at-fault party for the accident
- The severity of injuries you’ve suffered
- Medical expenses related to your recovery
- Whether you require ongoing care
- If you missed work to recover
- Property damage that occurred due to the accident
- The insurance coverage of the at-fault party
Below, we’ll go through some of these factors in more depth to give you a better understanding of what to expect when seeking compensation for your Georgia truck accident case.
What Losses Can Be Recovered in a Georgia Truck Accident Settlement?
Truck accident injuries can cause severe injuries, such as broken bones, lacerations, traumatic brain injuries (TBIs), and spinal cord injuries (SCIs). Depending on the severity of your injuries, you may have months or even years of recovery ahead of you. Medical bills, lost income from work, and other financial stresses can quickly pile up after an injury.
A Georgia personal injury attorney will look at the full scope of your losses, both in the present and expected in the future, and fight to receive a fair settlement. Losses that are typically included in a Georgia truck accident settlement are:
- Medical Treatment: Emergency room visits, follow-up appointments, diagnostic testing, medications, surgeries, and physical therapy can all be sought for compensation.
- Lost Wages and Loss of Possible Benefits: In addition to a loss of income from missing work, you may also be eligible to receive compensation for the loss of possible benefits, such as PTO, salary increases, and bonuses.
- Diminished Earning Capacity: Depending on the extent of your injuries, you may no longer be able to perform job functions and may need to take a lesser-paying role or leave the workforce entirely.
- Pain and Suffering: Accidents are not just financial in nature, as you will also have to deal with the physical pain and emotional distress stemming from your injuries. You may be eligible to be compensated for these as well.
You may also qualify to receive other economic and non-economic damages not listed here. For example, the spouse may also claim loss of consortium. A personal injury attorney can review the circumstances of your case and compile a list of damages to file with your insurance claim.
How Liability Affects Settlements in Georgia Truck Accidents
One of the biggest factors in a settlement is the determination of who was liable for the accident. Georgia is an at-fault state. This means that the insurance company of the driver who caused the accident is the one who must pay damages.
It’s important to note that Georgia follows a modified version of comparative negligence for liability. This means that if you were partially at fault for the accident, your damages would be lowered by the percentage of your fault. For example, if the other driver was 80% at fault and you were 20% at fault, then your awarded amount of damages would be reduced by 20%.
However, if you are found to be 50% or greater at fault, you may not receive any compensation. A personal injury lawyer could protect you from insurance adjusters blaming you for more than your fair share of the accident.
How Is Fault Determined in Georgia Truck Accidents?
Determining fault in a truck accident can be a complicated legal process. Depending on road and weather conditions, state of the vehicles involved, and the drivers themselves, there may be many factors at play. Some reasons a truck driver may be considered at fault include:
- Driving while under the influence of drugs or alcohol
- Distracted driving, such as texting
- Reckless driving, such as speeding
- Disobeying traffic laws, such as failing to follow posted signage
In addition to negligent drivers, there may be other at-fault parties in a Georgia truck accident. These may include the trucking company itself. Reasons they may be at fault include:
- Overloading cargo or not securing it properly
- Failing to properly maintain vehicles
- Hiring unqualified drivers
- Failing to adequately train drivers
- Not following safety standards
Evidence to Support Claims
Fault is often determined by looking at evidence of what occurred. Evidence that may be used in truck accident claims includes:
- Eyewitness statements
- Photos and video footage, such as from traffic or dash cameras
- Police reports
- Medical records
In addition, the use of expert testimony is a powerful resource in the pursuit of fair compensation. Experts can clarify complicated topics and validate your demands.
How Timing Affects Georgia Truck Accident Settlements
There are many reasons to pursue a personal injury claim as soon as possible. For example, evidence such as video footage may be overwritten after a certain date, skid marks can fade, and even eyewitness statements may lose some of their credibility as time passes and memory gets less reliable.
In addition to these reasons, there are also legal deadlines that you must abide by. Under Georgia’s statute of limitations, you typically have two years from the date of your accident to file a personal injury lawsuit.
In the tragic event that a loved one died due to a Georgia truck accident, you also generally have two years to file a wrongful death suit. If this was the case, a Georgia wrongful death lawyer may be able to help.
What Can You Do to Help Your Georgia Truck Accident Claim?
Suffering from the injuries and trauma of a truck accident, alongside facing complicated legal challenges, can make it hard to fight for your right to a fair settlement. However, there are some things you can do to build a stronger insurance claim so that you receive the maximum compensation possible.
These are:
- Seek Medical Attention: After an accident, seeking medical attention is key to your recovery. Early intervention in injuries can help make treatment successful, such as setting broken bones or stabilizing spinal cord injuries. Additionally, documentation of your injuries can be helpful for any personal injury claim you make.
- Call the Police: Police officers can help keep everyone safe following an accident. They also will write crash reports that offer their written observations of the accident, as well as witness statements and contact information, descriptions of evidence gathered at the scene, and more.
- Take Photos or Video: If it is safe for you to do so, documenting your injuries, damage to your vehicle, and the accident scene can all be used as evidence to support your claim.
In addition to these steps, you may also wish to hire a Georgia personal injury lawyer. Legal representation can be helpful for gathering evidence to support your claim, negotiating with insurance companies, and offering guidance on any settlement offers you receive. They can also represent you in court if necessary to pursue a fair settlement.
Contact a Georgia Truck Accident Attorney to Help You Pursue a Fair Settlement
Truck accident cases can be complicated, but you deserve a fair settlement. The Georgia truck accident lawyers at the Law Office of Dwayne L. Brown know that personal injuries deserve personal attention. We listen to your story and build a case plan specific to your needs.
We’ve recovered over $100,000,000 in verdicts and settlements for injury victims, and we’ll dedicate ourselves to fighting for your settlement. For a free case review, reach out to us today!
