Marietta Truck Accident Lawyer
Due to the differences in size and weight between the vehicles, collisions that occur between trucks and passenger vehicles could result in devastating injuries. The driver and occupants of a passenger vehicle are far more likely to suffer serious bodily injuries in a crash.
If you or a loved one suffered a serious injury due to the negligence of a truck driver, you may wish to consult a Marietta truck accident lawyer for advice. A skilled personal injury attorney may be able to evaluate your case and determine whether you have a valid claim against the truck driver, a truck company or any other negligent party.
Proving Negligence in Truck Accidents
Most personal injury claims are based on the theory of negligence. Negligence refers to the actions of another individual or entity that are careless or reckless. When individuals fail to act as a reasonable person would in the same or similar circumstances, they may be liable for their negligent behavior.
An experienced Marietta truck accident attorney may be able to assist victims in building a claim against the party or entity responsible for his or her injuries. To prove negligence, the victim’s attorney needs to show that:
- The drivers or other responsible parties had a duty to reasonably ensure the safety of others on the road;
- Their reckless or careless behavior breached that duty of care;
- Their breach of the duty of care directly led to harm to others; or
- The victims of the accident suffered injuries as a result.
If negligence can be proven, victims may be able to recover compensation for their losses.
Comparative Negligence for A Tractor Trailer Wreck
Many parties could bear responsibility for an accident occurring, including the injured claimant. In some cases, injury victims may share some responsibility for the crash that led to their injuries. Georgia follows the principles of modified comparative negligence. This allows injury victims, who are less than 50 percent responsible for the accident, to still recover compensation for their damages.
The victim’s total award will be reduced by his or her percentage of fault for the accident. Therefore, if the victim is ten percent at fault for the accident, then his or her award would automatically decrease by ten percent. If the individual is more than 50% responsible for the wreck, he or she cannot recover.
The Statute of Limitations for Filing a Claim in Marietta
Georgia has a statute of limitations or a deadline by which injury victims must file his or her personal injury claims arising from the accident that led to their injuries. Pursuant to O.C.G.A. § 9-3-33, individuals who have been injured due to the negligence of another must file all legal claims related to those injuries within two years of the date of the accident that caused their injuries.
Although there are a few exceptions to this statute of limitations, individuals who fail to meet this deadline may lose their ability to pursue any claims related to their injuries. For this reason, consulting a truck accident attorney in Marietta for legal advice is highly advisable.
Speak to a Marietta Truck Accident Attorney Today
Truck accidents could cause serious injuries that may result in permanent impairment or disability. Expenses stemming from catastrophic truck accident injuries can be enormous. Ongoing medical expenses and an inability to work, perhaps for an extended period, could cause a great deal of financial stress. When this sort of catastrophic accident occurs, you should take steps to secure your legal rights and determine whether you have any legal recourse available to you.
Contacting a Marietta truck accident lawyer may be the first step in holding negligent individuals and entities responsible for causing you harm. By seeking help from an experienced attorney, you may be able to seek compensation for your damages from the negligent party and get the financial assistance that you need to move forward. Call today to get started on your claim.
