How To Hold Trucking Companies Responsible For Damages In A Truck Accident

How To Hold Trucking Companies Responsible For Damages In A Truck Accident

How To Hold Trucking Companies Responsible For Damages In A Truck Accident


Every year, the United States witnesses a grim statistic: around 5,000 people lose their lives, and more than 150,000 individuals suffer injuries as a result of trucking accidents.

These unfortunate incidents often lead to severe injuries and fatalities, placing trucking companies at risk of substantial financial liabilities.

The inherent size and weight disparity between tractor-trailer trucks and smaller passenger vehicles make it common for these accidents to result in considerably more damage than typical car accidents.

When the negligence of a truck driver or a trucking company is responsible for a truck crash, victims and their families may be entitled to significant compensation to cover their physical injuries, lost income, pain and suffering, or the loss of a loved one due to a crash.

The Graham Firm has a proven track record of securing millions of dollars in verdicts and settlements for victims of truck accidents in Atlanta, Marietta, Griffin, GA, and across the state.

Taking Action After a Commercial Truck Accident

Following a collision with a large truck, one of the most crucial steps is to immediately seek legal counsel. Personal injury attorneys typically work on a contingency fee basis, meaning they only collect a fee if they successfully recover compensation for your injuries.

Most personal injury lawyers offer a free initial consultation to evaluate your case and assess whether you have grounds to file a claim against the trucking company. Time is of the essence, as there are strict deadlines for initiating a claim following an accident.

A proficient Georgia truck accident lawyer can help you gather evidence, delve into liability issues, and ultimately secure the maximum compensation you deserve.

However, there are critical do's and don'ts to keep in mind. You should promptly obtain a police report and seek immediate medical attention.

On the other hand, you should refrain from providing a recorded statement or discussing the accident on social media. For more insights, refer to our blog post outlining the six common mistakes to avoid following a truck accident.

Determining Fault in Truck Accidents

Truck accidents differ significantly from collisions involving smaller vehicles. The trucking industry operates under the regulatory authority of the Federal Motor Carrier Safety Administration (FMCSA), a federal agency within the United States Department of Transportation.

The FMCSA's primary mission is to reduce fatalities, injuries, and accidents involving large trucks and buses. They have established numerous regulations governing vehicle inspections, cargo loading, driver training, medical requirements, and hours of service for drivers.

A violation of an FMCSA regulation can play a pivotal role in determining a trucking company's liability in a crash.

In some instances, establishing that the truck driver is at fault is relatively straightforward. However, truck drivers are often employees or contracted by trucking companies, making it necessary to conduct a thorough investigation to unravel the sequence of events leading up to the accident and identifying the responsible party.

Hiring an experienced truck accident attorney promptly is one of the most effective ways to establish fault, involving third-party experts as needed. The Graham Firm collaborates with top accident investigators and reconstruction specialists to pinpoint fault and liability.

Recovering Damages in Truck Accident Cases

Truck accident claims aim to help victims and their families find some measure of solace for their injuries or losses. While it is impossible to fully restore life to its pre-accident state, substantial compensation can enable victims to access necessary care and lead more comfortable lives. Damages that can be pursued include:

  • Personal Injuries: Trucking companies are accountable for the medical expenses incurred by anyone injured in a truck accident, including costs for ambulance transport, hospitalization, future rehabilitation, and home care. Victims may also receive compensation for lost wages, diminished earning capacity, physical pain, and emotional distress.
  • Wrongful Death: If a truck accident results in a fatality, the trucking company can be held liable. Surviving family members may recover funds for funeral and burial expenses, lost future earnings of the deceased, and services they provided at home, such as maintenance, meal preparation, and childcare.
  • Property Damage: Trucking companies are responsible for repairing damage caused by their trucks, including damage to your vehicle and any other property affected in the accident.

Challenges in Dealing with Trucking Companies

For trucking companies, insurance claims are an integral part of their operations. Their objectives are often two-fold:

  1. Settle claims swiftly.
  2. Settle claims inexpensively.

Claims can be denied for various reasons. The trucking company might attempt to shift blame onto you, contesting their responsibility for the accident.

They may assert that the driver is not their employee and direct you to contact the driver and their insurer directly. At times, denials are part of a strategy to prolong the process and make it challenging for claimants.

Upon retaining a truck accident lawyer, your attorney will manage all communications with the trucking company on your behalf. A significant advantage of hiring an attorney early in the process is that you don't have to engage in direct negotiations with the insurance company.

Compelling the Commercial Truck Company to Cover Your Damages

Multiple parties could be liable in the case of a Georgia trucking accident, including the trucking company, the driver's training institution, and the manufacturer of a faulty tire on the truck.

If liability is unclear or contested, a thorough examination of the damage and an investigation into vehicle and driver records may be necessary. Time is of the essence to act before crucial evidence is repaired, destroyed, or lost permanently.

In cases where liability is unequivocal, such as when a driver admits to falling asleep or driving under the influence of alcohol or drugs, the trucking company may promptly acknowledge their responsibility and offer a settlement. However, the amount offered may fall significantly short of what you could recover with the assistance of a truck accident lawyer.

Frequently Asked Questions (FAQs)

What is the purpose of a FAQ section?

A FAQ section serves to address common questions and concerns that people may have about a particular topic, product, or service. It provides quick and easy access to essential information.

How should I structure my FAQ section?

Your FAQ section should be organized with clear headings for each question. Questions should be concise, and answers should provide thorough and helpful information.

What are some general tips for creating effective FAQs?

Keep questions clear and concise.

Provide accurate and up-to-date information.

Anticipate the questions your audience is likely to ask.

Use a consistent format for all questions and answers.

Review and update your FAQs regularly.

How do I determine what questions to include in my FAQ section?

Start by considering the questions your audience commonly asks. You can also gather questions from customer inquiries, online forums, and social media. Over time, update your FAQ section based on feedback and emerging questions.

How many questions should I include in my FAQ section?

There's no set number of questions to include; it depends on your topic and audience. Start with the most common questions, and expand your FAQ section as needed.

How can I make my FAQs more user-friendly?

Use clear and simple language.

Break down complex topics into understandable terms.

Use bullet points or numbered lists to improve readability.

Consider categorizing questions under relevant headings for easy navigation.

How often should I update my FAQ section?

Regularly review and update your FAQ section to reflect any changes in your topic, product, or service. Whenever new questions arise or information changes, update your FAQ accordingly.

8. Can I include links in my FAQ section?

Yes, including links to relevant articles, resources, or further information can be helpful. Make sure the links are current and working.

Should I allow user-submitted questions in my FAQ section?

Allowing user-submitted questions can be a valuable feature, as it encourages engagement and addresses specific concerns. However, ensure you have a system in place to review and answer user-submitted questions promptly.

How do I encourage users to use the FAQ section?

Prominently display the FAQ section on your website or platform.

Mention it in customer support emails and communications.

Encourage users to check the FAQ before reaching out for assistance.

Can I create separate FAQ sections for different topics or products?

Yes, you can create separate FAQ sections if you have multiple distinct topics or products to cover. This can help users find information more easily.

What's the best way to format my FAQ section for mobile users?

Ensure your FAQ section is mobile-responsive, with easy navigation and readable fonts. Test it on various mobile devices to guarantee a smooth user experience.

How can I track the effectiveness of my FAQ section?

Monitor user engagement with your FAQs through analytics tools. Pay attention to which questions receive the most views or which ones users frequently ask beyond the FAQ section.

Can I use multimedia, like videos or images, in my FAQ section?

Yes, including multimedia elements can enhance the user experience. Use visuals or videos to illustrate complex concepts or provide step-by-step guides.

How can I make my FAQ section stand out and be more engaging?

Use a conversational and friendly tone in your answers.

Include real-life examples or case studies.

Address not only the "what" but also the "why" and "how" of common questions.