How to File a Truck Accident Lawsuit in Georgia

With help from an experienced Marietta truck accident lawyer, you could hold the at-fault party accountable for their actions and get the most out of your personal injury claim.

To learn more about filing a lawsuit after a truck accident in Marietta, contact The Champion Firm at 404-596-8044. Our personal injury lawyers offer free initial consultations.

Why Choose The Champion Firm?

When you choose our truck accident attorneys, you can expect The Champion Firm Difference:

• $90,000,000+ in personal injury settlements and verdicts
• No pressure to settle. We’re prepared to bring your case to court
• We provide prompt updates and answer all your questions

Don’t Trust Initial Settlement Offers

One of the primary ways that truck accident victims recover compensation is by filing a claim with the insurance company that covers the truck driver, employer, and other at-fault parties. However, the settlements that these insurance companies initially offer are typically low and will not cover the full amount of your damages.

If you get a quick insurance settlement offer, you should first review it with a truck accident attorney. Chances are, the damages you suffered as a result of the truck accident are worth considerably more than the insurance company is offering.

The insurance company will likely try to pressure you into settling for less, arguing that you’re suffering financially and need the money. But if you file a truck accident lawsuit and bring your case to court, you have a better chance of recovering all of your damages.

Filing a Truck Accident Lawsuit in Georgia

Once you decide to move forward with a truck accident lawsuit, there are several steps you’ll need to take. Your truck accident lawyer can help guide you through this legal process, providing advice and insights along the way.

Steps To Take After a Truck Accident

From the moment the truck accident occurs through several months after the accident, every step you take could impact the outcome of your case. If you plan to pursue a truck accident claim successfully, here’s what you should do following the accident.

• Step 1: Call 9-1-1 and ask to be evaluated by a medical professional. Even if you think that your injuries are not that serious, it’s essential to be examined by a medical professional. You could have injuries that do not appear until after the accident, or “invisible” injuries that could be life-threatening if left untreated. If you chose not to be properly evaluated after the truck accident, the other party might try to argue that your injuries were caused by something other than the truck accident.
• Step 2: Report the accident to the police. Law-enforcement officials should arrive on the scene to document the accident, establish liability, obtain witness statements, and ensure that traffic is not further disrupted. Police will file an accident report that could be used as supporting evidence in your truck accident lawsuit.
• Step 3: Document the scene. If you can safely exit the vehicle, it’s a good idea to be proactive and document as much of the scene as possible. Take photos of any injuries, damage to the vehicles, damage to surrounding property, the weather, road conditions, nearby signage, and the other party’s information (driver’s license, insurance information).

You may also want to note any nearby businesses and homes that may have captured the accident on their security cameras. Also, you should get the contact information for any witnesses, in case you need to reach them after leaving the scene of the accident.

• Step 4: Contact a truck accident lawyer for help. After you have been medically evaluated and treated for injuries, you can reach out to a trusted truck accident lawyer. The attorney can negotiate with the insurance company on your behalf and advise you of your legal rights and possible compensation.
• Step 5: File a claim with the insurance company. Once your attorney has agreed to take on your case, they will investigate the cause of your injuries and establish fault. Once liability has been determined, you will likely file a claim with the at-fault party’s insurance provider.
• Step 6: Negotiate with the insurance company. Insurance companies are looking for excuses to either not pay your claim or offer you a lowball settlement. They may reach out to you and ask for a statement to manipulate your words and get you to admit fault for the truck accident. Let your attorney negotiate with the insurance company on your behalf so you can avoid being taken advantage of and instead focus on your recovery.
• Step 7: Bring your case to court. If you cannot reach a fair settlement with the insurance company, the next step will likely be taking your case to court. Your attorney will guide you through the legal process and prepare your case for trial. The goal is to recover the maximum compensation possible for your truck accident claim.

What to Expect from an Insurance Company

In truck accident cases, insurance companies will look for every opportunity to reduce or deny you the benefits and compensation you deserve.

Insurance companies only pay up to the policy’s limits, which might not be enough to cover the total cost of the accident: medical bills, property damage, lost wages, pain and suffering, and other financial losses.

When the damages exceed the insurance policy’s limits, you and your truck accident attorney may file a lawsuit to recover any remaining financial losses. 

Why Consult a Truck Accident Lawyer in Georgia?

The thought of hiring a truck accident lawyer may be stressful or intimidating. But you have the right to be compensated for your financial losses, and an attorney can help negotiate with the insurance company and advocate for your case. Let your attorney handle the legal details so you can focus on recuperating.

A truck accident attorney can help with:

• Investigating the cause of your trucking accident
• Gathering evidence to prove liability
• Preparing your insurance claim
• Negotiating with the insurance company on your behalf
• Filing a lawsuit against the at-fault party
• Bringing your case to court and advocating for full compensation

Do’s and Don’ts of Truck Accident Lawsuits

When filing a truck accident lawsuit, there are several important details you need to keep in mind. Remember, your actions in the days, weeks, and months after the truck accident can affect the outcome of your case.

DO

• Provide your truck accident attorney with any evidence that could support your case
• Go over your damages in detail so no loss goes unaccounted for
• Be ready to file both insurance and civil claims

DO NOT

However, when filing a truck accident lawsuit, there are also some things you should NEVER do. These include:

• Do not post about your truck accident on social media
• Do not exaggerate the extent of your injuries to your physician or the judge
• Do not overstate how your injuries have impacted your lifestyle in hopes of increasing the value of your claim

Truck Accident Lawsuit FAQs

You may have many questions about the claims process, how much your claim is worth, or how to move forward. With this in mind, The Champion Firm has answered your most frequently asked questions regarding truck accident lawsuits. Please contact us for a free initial consultation if you have additional questions.

Do I sue the truck driver or their employer?

You may be able to file a lawsuit against the negligent truck driver or trucking company. Trucking companies are responsible for the actions of their truck drivers. When truck drivers engage in any type of negligent driving (ex: drunk driving, drowsy driving, distracted driving) or any other type of unsafe practices, the trucking company could also be liable.

The trucking company may also be liable if it did not comply with the Federal Motor Carrier Safety Administration (FMCSA), the federal organization that sets the rules and regulations for trucking companies.

Do truck lawsuits go to court?

While most personal injury cases do settle, your case may be brought to court if the insurance company refuses to settle or if the settlement does not cover the full value of your claim. While the idea of a trial may seem overwhelming, it’s one of the best ways to recover the maximum compensation for your suffering.

How long do I have to file my truck accident claim? 

Under Georgia law, you have two years after the accident date to file a personal injury lawsuit and four years after the accident date to file a claim for property damage. After that timeframe (called the Statute of Limitations), the truck accident victim will typically lose their legal right to bring their case to court. Reaching out to a truck accident attorney soon after the accident is essential so that you can file the claim ahead of those deadlines.