Truck Crash Insurance Claims in Georgia
Georgia Truck Accident Claims Attorneys
Large truck accident claims are very complicated legal matters. Large, powerful insurance companies underwrite many trucking company insurance contracts. The situation is similar for an independent driver. Independent drivers pay handsome sums of money for insurance protection. The claims adjusters and insurance lawyers handling large truck crash claims have nearly unlimited resources and decades of experience with large truck insurance claims. You would be at a substantial disadvantage if you attempted to negotiate a settlement with the powerful trucking industry insurance companies.
There are two major components to filing a successful insurance claim against a large truck driver. Insurance company claims adjusters and lawyers are savvy and experienced at defending on both fronts. A claimant must prove that the trucker, trucking company, or manufacturer was at fault for the accident. Establishing the responsibility for the crash is the first step toward recovering damages.
One method of proving fault is to demonstrate that the truck driver failed to follow regulations and the failure to do so caused the crash. The trucking industry is laden with regulations from both the federal government and the Georgia state legislature which the truckers, intermodal employees, truck and part manufacturers, and trucking companies must follow. A truck accident claim attorney will know how to shift through the morass of legalese and investigate whether the truck driver failed to follow the rules.
Claims adjusters and insurance lawyers know how to defend against those claims. They might place the blame squarely on you for causing the accident irrespective of whether the driver followed the rules. They will have access to accident reconstruction information and the truck’s data recorder, commonly known as the “black box” and have an opportunity to examine that data before you do. Fortunately, many serious or deadly crashes involving large trucks are investigated by the Federal Motor Carrier Safety Administration (FMCSA). If not, then the Georgia state patrol or local sheriff’s office can reconstruct the crash. The FMCSA employs accident reconstruction investigators who determine the cause of the collision. The investigators will recreate the crash and determine pre-crash speed, the position of vehicles before and after the accident, along with other necessary information and then determine what happened and why. You can use the investigators’ findings to help establish the truck driver was responsible for the crash.
Damages are the second substantial legal issue in truck accident insurance claims. The term damage refers to the amount of money that would adequately compensate you for your loss. In a Georgia truck accident, you can claim losses for:
- Lost wages,
- Medical bills,
- Future medical expenses,
- Loss of future earnings capacity,
- Compensation for a lost limb, paralysis, or disfigurement,
- Property damage,
- Pain and suffering, and
- Wrongful death if a loved one died in the crash.
Experienced insurance company claims adjusters and lawyers understand how to rebut your claims for damages. They will look at your medical history for previous claims, previous accidents, and pre-existing injuries. Additionally, experts will scour your medical records for evidence that the crash did not cause the injuries. If you cannot prove that the accident with the truck did not cause your injuries, then you cannot collect damages. Claims adjusters and insurance company lawyers will try to show you were not injured as badly as you claim or use some other excuse to limit their client’s liability, and consequently, the insurance company’s exposure.
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