Filing a Truck Accident Claim

Our attorneys are dedicated to helping you recover maximum compensation

All accident claims can pose challenges in their own way. When trucks are involved, however, claims can become even more complicated because of the industry’s complex trucking laws and regulations. This is compounded by the incredible destruction typically caused in truck accidents, including severe injuries that are sometimes fatal.

It takes in-depth legal knowledge of truck accident specifics to effectively research, build, argue, and successfully settle or try a truck accident case. At Fried Goldberg LLC, more than 95 percent of our practice is devoted to collisions involving trucks, buses, and other large vehicles.

We know what it takes to establish liability and pursue negligent parties in truck accident cases. Most often this entails standing up to powerful attorneys, insurance companies and sometimes local government agencies.

If you’ve been involved in a truck accident, it’s important that you know your legal rights and seek trusted and experienced representation. We understand what you’re going through and are here to help so you can focus on your recovery. Speak to one of our experienced truck accident attorneys for a no-cost, no-obligation case evaluation.

Truck accident claims against large vehicles

Truck accidents are not like car accidents. Large commercial motor vehicles are behind some of the most severe devastation seen on the road and cause extreme pain and suffering for those involved. Most often, this destruction is caused by: 

• Commercial motor vehicles – Commercial trucks such as tanker trucks, flatbeds, tractor trailers, garbage trucks, tow trucks, mass transit buses, and other large vehicles use our roadways every day. Commercial truck drivers and trucking company owners are required to follow strict laws that help protect others on the road. This means the driver needs to be adequately trained and act reasonably and safely when driving.

It is the responsibility of trucking companies to ensure their drivers are properly trained, as well as to maintain their trucks and ensure loads are secure. Truck manufacturers are also responsible for the parts and products they create for these large vehicles.

• Government vehicles – Buses, fire trucks, utility trucks, and other vehicles owned and operated by government agencies have a duty to employ experienced drivers and maintain their vehicles, just as in the commercial industry. For example, even a fire truck driver responding to a call is obligated to follow designated laws and regulations.

When government agency drivers like the police or fire department cause an accident, they can be sued even though they are protected by what is called sovereign immunity. This protection makes bringing a lawsuit against the agency difficult and complex, which is why it’s essential to seek experienced counsel after an accident. Despite the barriers involved in suing the government, your rights should still be protected.

• Private vehicles – Recreational vehicle (RV) use is increasing on our roads, and so is the number of accidents they cause. Did you know that RV drivers are not required to hold a special license to operate them? Because of their size, RV’s have many blind spots and can be difficult to maneuver. Common causes of accidents involving RV’s include unsafe lane changes, accidental rollover, tire blowout or even a defect in the RV design.

Who can I sue after a truck accident?

Accidents involving large vehicles can be caused by several factors, which is one reason why they are so complicated and unique. Each element of the accident, from speed to fatigue to load weight, plays a significant role in identifying the negligent parties. Liability is not limited to the driver of the truck or large vehicle. It can reach to include those involved in making, driving or directing that vehicle.

Liability may apply to a number of parties, including:

• Employed truck driver
• Contracted truck driver
• Company that employs or contracts the driver
• Party receiving the shipment
• Company that loaded and weighed the truck
• Manufacturers of trucks, buses and recreational vehicles and parts
• Government agencies owning and operating large vehicles
• Insurance providers

An experienced truck accident attorney can help you file a claim

Most truck and large vehicle accidents are caused by the negligence of the driver or vehicle owner. A motor carrier claim is most often filed by an attorney specializing in truck, bus or large government vehicle accidents. This type of civil lawsuit is detailed, time consuming, and entails extensive research and expert testimony to obtain a fair and successful outcome.

At Fried Goldberg, we focus the majority of our practice on litigating truck accident cases. We have an extensive understanding of motor carrier claims and utilize every available piece of plausible evidence to build a strong case on your behalf.

If you or a family member are the injured victim, we will work directly with you to gather necessary details about your case. If you have lost a family member to a trucking accident, a claim can be brought by the estate to obtain fair compensation for wrongful death. Family members have the option to file a wrongful death lawsuit which seeks restitution for the lost loved one rather than compensation for injuries.

What happens during a truck accident lawsuit?

Truck accident lawsuits, or motor carrier claims, entail many litigation steps that are critical to their outcome. Because each case is unique, it could take several months or even years to settle a claim or complete a trial. No matter the length of your claim, we work tirelessly for your rights throughout the entire process.

A truck accident lawsuit involves the following steps:

Claim Assessment

When a claim is filed, our attorneys conduct a thorough assessment to ensure you have a valid case. This involves discussing accident details, evidence, the damages suffered, medical expenses, future care, and the negligence of the other party. After this, we will discuss your legal rights and options based on the facts and determine your next best step. This assessment is done during your free consultation with one of our experienced truck accident attorneys.

Investigation

If your case is qualified, we will move forward and immediately conduct a thorough investigation of the accident. It’s always best to begin this step as soon as possible in order to preserve evidence. We will notify the negligent parties to demand preservation of all evidence, including photographs, vehicles involved, road structures, truck certificates and other data.

File and Complaint

We will file a public direct action against all parties who are deemed negligent in the accident.

Case Discovery

This is where we request information from the other parties, conduct depositions, talk to witnesses and obtain expert analyses from road, trucking, accident reconstruction, medical and other specialists to build a solid case.

Begin Mediation

Most often, truck accident victims and the defendants will attend mediation to determine if a fair settlement can be reached. Both parties and attorneys will attend. During this process, a mediator will attempt to assist in negotiating a settlement to compensate you for pain, suffering and other damages. The majority of accident claims are resolved before a trial takes place.

Go to Trial

If no settlement is reached, the case will proceed to trial. Once the trial date is set, the case will be heard by a jury or judge. If your testimony is requested, we will make sure you are prepared. Your accident attorney will present evidence and participate in closing arguments. The judge or jury will then determine fault and render a decision on whether you will receive compensation for your losses.

Compensation after a truck accident lawsuit

If you’re a victim of a large vehicle accident and the other party is at fault, you may be awarded compensatory and/or punitive damages for the following:

• Past and future medical bills
• Future cost of rehabilitation and other medical care
• Lost employment and wages
• Future wages if unable to work
• Loss of consortium (spousal relationship)
• Pain and suffering
• Mental anguish
• Inconvenience
• Loss of life
• Punitive damages to punish the at-fault party

Contact an experienced truck accident attorney

If you’ve been involved in a truck accident that was no fault of your own, it’s important that you exercise your legal rights. We know that lawsuits can be overwhelming and stressful, which is why you need the strong guidance and friendly support of our experienced, accessible professionals. That way you can focus on your recovery, your family, and rebuilding your life.

Our attorneys are experienced truck litigators with a strong reputation among their peers. We have obtained a number of multi-million dollar verdicts and settlements on behalf of our deserving clients to help them move on with their lives. We represent clients in Georgia, and in other states as acting co-counsel.

Georgia, along with other states, limits the amount of time you have to file a claim after an accident. Please don’t wait until it’s too late. Request a free review of your accident today. Contact our office today for a no-cost, no obligation case evaluation of your situation. We are here to listen and help.