Accidents involving large commercial trucks are complicated to resolve. A thorough investigation is typically required to understand the cause of the accident and to gather evidence to show who should be financially liable for the truck accident victim’s medical bills and other losses.
Trucking companies and their insurance companies will try to minimize or deny liability for a truck accident. You will need an experienced personal injury attorney to hold a negligent truck driver accountable.
If you or a loved one have been injured in a truck accident in Georgia, you will need the help of an experienced truck collision lawyer to guide you through the claims process. It is useful to understand how a lawyer will conduct an investigation. To learn more about your rights to pursue compensation after a truck accident, contact the personal injury attorneys of Spiva Law Group for a free initial consultation.
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Preservation of Evidence for a Georgia Truck Accident
One of the most important steps in a truck accident investigation involves preserving any evidence from when and where the truck accident occurred that could be relevant to the case.
In many cases, it doesn’t take long for evidence to be lost or destroyed after a tractor-trailer accident. Evidence deteriorates over time. It is important to have an attorney act quickly to gain access to examine the wrecked truck and preserve evidence related to the accident.
A knowledgeable truck accident attorney at Spiva Law Group can take proactive measures to prevent the destruction of valuable evidence. By sending a spoliation letter to the trucking company, your lawyer can put the trucking company on notice of its obligation to preserve evidence before it’s lost or destroyed. A truck accident lawyer can help.
Reviewing Truck Driver Qualifications
The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to keep driver qualification files (DQFs), which must include the following:
- A copy of each driver’s commercial driver’s license (CDL)
- Their employment application, which must contain specific information, such as their driving experience, exam results, and the type of driving they qualified to do
- Their motor vehicle record (MVR) from each state in which they were licensed within the previous three years
- A record of any violations the driver incurred within the past 12 months, including violations of traffic laws and other local ordinances
- A certificate from a Department of Transportation (DOT)-required medical exam
Reviewing the truck driver’s DQF can help investigators determine whether the driver was appropriately qualified or had a history of traffic violations or accidents.
Accessing Information from Data Recorders
Modern commercial trucks are often equipped with electronic data recorders that investigators can use to download useful information from the truck after a truck accident. The recorders typically record crash event data, such as vehicle speed, acceleration, and braking.
Many drivers also use electronic logging devices (ELDs) to automatically record work status information required by the FMCSA. The logging devices can show how long a driver worked each day and how long the driver had driven without a break.
Reviewing Trucking Company Records
In some cases, trucking company records reveal company policies and procedures. For example, hiring records can show whether the company had a history of hiring unsafe drivers or failing to conduct proper background checks.
Investigators may review company policies and dispatch instructions to determine whether they encourage or incentivize unsafe driving practices. Trucking companies may be liable for truck accidents if investigators find their business practices motivate drivers to speed or drive while drowsy.
Interviews and Depositions for a Georgia Truck Accident
As part of an investigation, truck accident lawyers interview witnesses to gain a thorough understanding of what happened before, during, and after a tractor-trailer wreck.
Memories deteriorate over time, so investigators typically try to have witnesses provide an account of what they saw as soon as possible after a truck accident. A good attorney knows how to ask witnesses questions during a deposition to seek evidence to support their client’s case.
An experienced truck accident lawyer may enlist the help of accident reconstruction specialists and medical professionals to provide insights into the cause and effects of a truck crash.
Who Is Liable in a Truck Accident in Georgia?
The purpose of a truck accident investigation is to determine who should be held liable for injuries and other financial losses. Depending on the circumstances, any of the following parties may be responsible for a truck accident:
- The truck driver – A truck driver may be responsible for a truck accident if the trucker was distracted, speeding, following other vehicles too closely, or otherwise negligent.
- The trucking company – If the company hired unqualified drivers, failed to train drivers properly, encouraged unsafe practices, or failed to maintain its trucks properly, the c company may be liable.
- A manufacturer – The manufacturer may also be responsible if a truck part such as the brakes failed and contributed to the wreck.
- A truck repair shop or technician – Many trucking companies rely on truck maintenance garages to service and maintain their fleets of vehicles.
- A local government agency – If unsafe road conditions contributed to the accident, the government agency that is responsible for maintaining the road may be held responsible.
The state of Georgia has a time limit on how long you have to bring a personal injury lawsuit against the at-fault party in the accident. This time limit is known as the Statute of Limitations. Georgia law sets that time at two years. Don’t delay if you are planning to bring a truck accident claim lawsuit against the trucking company, semi-truck driver, or others who may have been at fault for the accident. The first step is to contact our law firm so that we can being the process of collecting evidence for your case. Savannah truck accident lawyer.
What Is the Truck Accident Claims Process?
There are several important steps in the truck accident claims process that you should understand. They are as follows:
- Investigating the truck accident – Your legal team works to gather evidence to show liability and support your claim.
- Determining the value of your claim – Your lawyer gathers your medical bills and other expenses and documents the different types of economic and non-economic losses you’ve incurred from the accident.
- Delivering a demand letter – The demand letter informs the truck driver’s insurance company of your losses and that your attorney is preparing to take legal action if a settlement cannot be reached.
- Negotiating for a settlement – Your attorney and the insurer representing the at-fault party may seek to reach a settlement without going to trial.
- Going to court – Your legal team can advocate vigorously for the outcome you deserve if the insurer declines to agree to a fair settlement.
What Goals Do Investigators Have When Investigating a Georgia Truck Accident?
A truck accident lawyer investigating on your behalf will look for evidence of negligence on the part of the truck driver or trucking company.
The evidence can be used to develop a strong case for compensation for the medical expenses and other losses you have incurred through no fault of your own.
Contact a Truck Accident Attorney in Georgia Today
If you were injured in a truck accident in Georgia due to someone else’s negligence, you may have the right to seek fair compensation for your losses. Contact the Savannah truck accident lawyers at Spiva Law Group today to learn more about your legal options in a free initial case review.