Kennesaw Truck Accident Lawyer
Accidents on the road are pretty common, but accidents involving large trucks or eighteen-wheelers tend to make headlines. These collisions are often devastating, affecting numerous drivers and passengers who are unlucky enough to be caught in the path of destruction. If you were hurt in a truck crash, speak to a lawyer about how to get compensation as soon as possible.
Truck accidents usually happen along major highways where trucking routes are more common. Kennesaw is connected to nearby cities like Marietta and Atlanta by a network of highways, and trucks are a common site in the area. Many accidents stem from overly tired truckers, equipment failures, and turning accidents. Evidence of these accidents and the trucker’s negligence may be found in various places, including the accident scene, the trucker’s employer, and the truck itself. It is best to move fast, as plaintiffs have only 2 years to file a claim unless special conditions exist. If you cannot file on time, you risk losing out on valuable damages.
Get a free, private case review by calling our truck accident attorneys at Rice, Murtha & Psoras at (470) 287-3070.
How and Where a Truck Accident Could Occur Around Kennesaw
Truck accidents tend to occur on major highways along trucking routes, although they are also possible on local city streets when trucks pass through to make deliveries to businesses. For example, I-75 is a major interstate connecting Kennesaw to Marietta and Atlanta that trucking companies frequently use. Similarly, Route 41 is a state highway that runs right through Kennesaw, and trucks are frequently seen there. Call an attorney to discuss your legal options if you are injured in an accident on these or other roads.
Tired truck drivers are a surprisingly common factor in many accidents. We often expect truckers, and all other drivers for that matter, to be wide awake behind the wheel. Unfortunately, many truckers are overworked and get very little time to rest while making long trips. Truckers sometimes doze off while driving and hit other vehicles.
Equipment failures are another problem that truckers and their employers should always be on the lookout for. Trucks have certain equipment designed to maintain safety on the road. If equipment malfunctions, other drivers might get hurt. For example, many large trucks are equipped with underride bars, which prevent other smaller vehicles from wedged under the truck. If the underride bar fails, someone might be badly hurt.
Evidence to Prove Your Claims in a Kennesaw Truck Accident Case
You cannot win your case and get fair compensation without enough evidence to meet your burden of proof. In civil cases, plaintiffs and their attorney must prove their claims by a preponderance of the evidence. This means that our truck accident attorneys must present enough evidence to convince a jury that it is more likely than not that the defendant is liable for the accident.
Truck accidents often involve a great many people beyond injured victims. These collisions are usually very large and are often seen by numerous other drivers and passengers. These people might provide witness testimony that sheds light on what happened, how it happened, and who is responsible. The more witnesses we can get, the better.
We should also ask the trucking company whether the truck in the accident was equipped with a black box device. You might have heard about black boxes on planes, but they also exist on large trucks and record all kinds of data about the trucker’s journey. Factors like speed, braking times, and rest periods may be recorded. This information may be extremely useful in piecing together the puzzle of the accident.
We should also think about possible camera footage. In today’s increasingly tech-savvy world, cameras are everywhere. Perhaps there was a security camera or traffic camera nearby that recorded everything. Maybe other drivers had dashcams in their cars that recorded the accident. Video footage can be very powerful evidence and should be collected before it is deleted.
How Much Time You Have to Begin a Truck Accident Case in Kennesaw
While most people understand that they can file a case for damages after being hurt in an accident, many do not know that their time to file is limited. According to the statute of limitations under O.C.G.A. § 9-3-33, plaintiffs have only 2 years from the accident to file a case. If they do not, they risk losing their right to bring the cause of action, and they might never get fair compensation.
Your time is limited, but certain exceptions allow plaintiffs to have the limitation period tolled, essentially buying them more time. While tolling might be possible, it may only be done under very specific conditions. For example, under § 9-3-94, tolling may be available for the removal of the defendant from the state. If the truck driver is not from Georgia, they might leave the state before you can initiate legal action. If they cannot be found, we have the limitation period tolled until they return or they can be reached by longarm statutes.
Tolling might also be available for fraud of the defendant, according to § 9-3-96. Did the defendant mislead you in a way that prevented you from filing your case within the statute of limitations? If they did, they cannot be permitted to benefit from their deception. Talk to your attorney about what happened, and they might be able to convince the court to toll the statute of limitations.
Even if you do not need the statute of limitation tolled, it is best to speak with a lawyer as soon as possible. While 2 years might seem like enough time, it can be a very tight time limit. It often takes months or more just to get all the evidence plaintiffs need. A lawsuit can be very time-consuming, and you need to maximize your time.
Contact Our Truck Accident Attorneys in Kennesaw for Help Now
Get a free, private case review by calling our truck accident attorneys at Rice, Murtha & Psoras at (470) 287-3070.
