Johns Creek, GA Truck Accident Lawyer

Truck accidents are responsible for some of the most serious accidents seen in Johns Creek. You could have extensive damages even if your accident was “minor.”

Our lawyers can assess the damages you have sustained and file a lawsuit against anyone who contributed to your accident. It is common to sue the truck driver since their negligence likely caused the accident, but they are not the only defendant you can usually name in your lawsuit. We will also sue the trucking company the driver worked for if the accident happened while they were working. Depending on how your accident occurred, we will look for others who might have contributed. This can include other drivers or those responsible for loading the truck’s trailer. With our help, you can be sure the liable parties are identified.

For a free case review with our truck accident attorneys, call Rice, Murtha & Psoras at (470) 287-3070.

Who to File Your Lawsuit Against for a Truck Accident in Johns Creek, GA

Arguably, the most critical issue after a truck accident is who to file your lawsuit against. In many truck accident cases, there are multiple defendants. This is good news, as the more defendants named in your complaint, the more paths to compensation you will have. Our truck accident lawyers can review your case to determine exactly who is responsible for your injuries. We know what evidence it takes to prove each defendant’s liability. The following are those typically sued for truck accidents in Johns Creek:

Truck Driver

We will first examine the truck driver for liability, who is most likely to be responsible for the accident. Truckers can cause catastrophic accidents in many different ways. Many accidents are caused by the driver being distracted by something in their truck, while others are caused by drowsy drivers who have been operating longer than FMCSA regulations permit. Violations of FMCSA rules can be used as evidence of the truck driver’s negligence.

Trucking Company

If the truck driver caused your accident while on the clock and performing their duties, the trucking company that employs the driver can usually be sued, as well. The rule of respondeat superior allows victims to hold employers accountable for the negligent conduct of their employees if the accident happened while they were working. If the driver was on their own time but in the truck, this rule might not apply.

However, the trucking company could be sued directly for their own negligence. For instance, trucking companies have a duty to hire safe drivers, including doing background checks to make sure a driver is responsible and holds the necessary licenses. Trucking companies are also required to regularly inspect and maintain their trucks. Our team can look for evidence that shows how the trucking company contributed to your accident.

Truck Manufacturers

Although rare, it is possible that your injuries were caused by a defective part in the truck. If so, you can file a claim against the truck’s manufacturer or designer. Who you name in your lawsuit will depend on how the defect happened during production.

Just because a truck part contributed to the accident does not mean the driver did not also act negligently. In most cases, our team will name both parties as defendants. For instance, if the brake system was defective and the driver was not able to avoid the accident because they were speeding, each defendant should be held liable for their share in causing the accident.

Other Potential Defendants

Many people are also responsible for the safe operation of a truck and its cargo, in addition to those mentioned above. As such, your injuries could have been caused by someone that might not be obvious at first. For instance, if a truck jackknifed because the cargo was improperly loaded, you might need to sue the cargo loading company or whoever loaded the truck’s trailer. If cargo is not loaded properly so it is secure and cannot slide around, it can cause the driver to lose control.

It is also common for truck accidents to turn into multi-car pile-ups. When multiple drivers are involved in a truck accident, any of the other drivers could be sued along with the truck driver. The other driver might not have even helped cause the accident. They can be held liable if their negligence contributed to the accident after it started. For example, if another driver further injures you because they were distracted and crashed into the pile-up, they can be held liable for their share of negligence.

Although rare, the government might be responsible for your truck accident if poor road conditions contributed to your truck accident. Suppose a truck hit you because the lines on the road lanes had faded off, making it difficult to know where each vehicle should be. Or, a truck driver might have lost control because the road was in disrepair. If the government appears liable, you will need to act quickly as you generally have less time to sue a government agency than other defendants.

If your accident was caused by any of the potential defendants mentioned, you stand a good chance of recovering compensation. After reviewing your evidence, our team will make sure everyone who played a role in your accident is named in your lawsuit.

Types of Damages You Can Recover for Truck Accident Injuries in Johns Creek, GA

Besides who to sue, the other major question most victims have is what damages they can claim in their lawsuit. “Damages” are the compensation you receive for all the harm stemming from your accident and injuries. The idea is to make you as “whole” or as close as you can be following the incident. Of course, this might not be possible where permanent injuries are involved, but the system does its best to compensate.

Damages can be divided into economic and non-economic losses. Economic damages are what most people think of first when filing a lawsuit. These represent the financial costs you have incurred, like medical bills, lost wages, and property damage. For the most part, economic damages are easy to calculate and prove using your medical invoices, employment records, receipts, and other evidence.

Non-economic damages are a bit harder to quantify. These damages seek to compensate you for the subjective harm you have suffered as a result of the accident. Here, the challenge is putting a value on your day-to-day experiences after having been injured. For instance, you might live with daily physical pain, which might lead to depression, anxiety, and other emotional distress. Your injuries might prevent you from taking part in life’s activities like you did before the accident. These damages and more can be claimed as part of your pain and suffering.

Our Johns Creek, GA Truck Accident Attorneys Can Help You Hold the Defendant Accountable for Your Injuries

Contact Rice, Murtha & Psoras at (470) 287-3070 to receive your free case assessment with our truck accident lawyers.