Should You Take Your Atlanta Truck Accident Claim to Court?
Atlanta truck accidents can cause devastating harm. Afterward, you have the right to hold the truck driver, the trucking company, and others involved accountable for your losses.
This means dealing with insurers. When they refuse fair compensation, going to court may be your best option. Our experienced Atlanta truck accident lawyers explain five common reasons to file a lawsuit and what to expect from the process.
Five Common Reasons To Take Your Atlanta Truck Accident Case To Court
The Georgia Department of Transportation (GDOT) reports that more than 20,000 truck accidents occur throughout the state each year. Between Interstate 285 and other high-traffic corridors, Atlanta motorists face significant risks.
When a crash happens, injuries can be severe. While trucking companies have insurance to cover losses, they often deny or downplay claims. Rather than simply accepting a lowball offer, you may be able to take your case to court. The following are five common reasons to file an Atlanta truck accident lawsuit:
- The insurer disputes liability, claiming the truck driver wasn’t at fault or that you share most of the blame.
- The trucking company denies responsibility, misclassifying the driver as an independent contractor.
- The insurer downplays your losses and what you need to recover.
- There’s evidence of gross negligence, such as if the truck driver was impaired or falsified logs.
- Multiple parties share blame.
Going to court isn’t necessarily a last option. In many cases, it’s a negotiating position and lets the insurance company know you’re not playing.
What Happens When You Take an Atlanta Truck Accident Claim To Court?
The Federal Motor Carrier Safety Administration (FMCSA) reports that average losses in a truck accident resulting in injuries total nearly half a million dollars. Insurers often balk at paying such large amounts, so taking your case to court may be the only option to prevent out-of-pocket losses.
Under the Georgia Code, filing an Atlanta truck accident lawsuit can entitle you to economic damages, which cover tangible losses, non-economic damages for your pain and mental anguish, and punitive damages, which punish those at fault. Here’s what to expect from the process:
- Going to court takes longer, but can result in a significantly higher settlement.
- You need strong evidence, such as black box data, driver logs, medical records, and expert testimony.
- The defense may use Georgia’s modified comparative negligence rule to shift some blame onto you and reduce payment.
- Going to court doesn’t automatically mean a full trial, as most cases settle before this point.
When an insurer refuses to treat you fairly, a courtroom is often where you can get real justice.
Consult Our Experienced Atlanta Truck Accident Lawyer
Atlanta truck accidents can impact your life long after a crash happens. At Shiver Hamilton Campbell, we won’t hesitate to take your case to court to get the maximum amount you need to recover.
Before agreeing to a lowball settlement, contact our experienced Atlanta truck accident lawyers. We represent clients in Marietta, Alpharetta, Decatur, Sandy Springs, and throughout Fulton, DeKalb, and Gwinnett Counties. Request a consultation today.
Sources:
gdot.aashtowaresafety.net/crash-data-dashboard#/
fmcsa.dot.gov/safety/data-and-statistics/fmc-pre-240812-001-federal-motor-carrier-safety-administration-crash
