​At Horst Shewmaker, we are a team of dedicated personal injury attorneys based in Alpharetta, Georgia. With over 30 years of combined experience, we focus on helping individuals who have suffered serious injuries due to negligence. Our practice areas include truck accidents, car accidents, wrongful death, and other catastrophic injury cases. We are committed to providing personalized legal representation to clients throughout Georgia, striving to secure the compensation they deserve.
A truck accident case involves more than just damage and injury. These crashes often result in severe injuries, major property loss, and long-term financial impact. Because large commercial trucks are heavily regulated and involve multiple parties, determining who is responsible and how much a case is worth can be difficult without the right legal support.
In this blog, we explain the key factors that influence the value of your truck accident case and why working with an experienced Augusta truck accident lawyer is essential to protect your rights and recover full compensation.
Severity of Injuries Sustained in the Truck Accident
The severity of injuries in a truck accident case plays a major role in determining the value of a personal injury claim.
Catastrophic and Life-Changing Injuries
Commercial truck accidents often cause catastrophic injuries. These include spinal cord injuries, traumatic brain injuries, partial or complete paralysis, and severe burns. Truck accident victims with these injuries usually face long-term medical care, loss of income, and permanent disability. These factors increase the compensation value of the truck accident claim.
Impact on Medical Expenses
The more serious the injury, the higher the medical costs. Victims may require surgery, hospitalization, physical therapy, medication, and long-term treatment. A truck accident lawyer will include past and future medical expenses when calculating the value of the claim. Medical documentation is key to proving the financial impact of the injury.
Loss of Earning Capacity and Lost Wages
Truck accident victims with severe injuries may not be able to return to work. Some may lose their ability to earn income entirely. A personal injury attorney will calculate both current lost wages and future loss of earning potential. This can greatly increase the settlement value in a truck accident lawsuit.
Pain and Suffering
In Georgia, pain and suffering are considered non-economic damages. This includes physical pain, emotional distress, and the impact the injury has on daily life. The more severe the injury, the more likely the court or insurance company will award higher compensation for pain and suffering. Under Georgia law, these damages can be significant in cases involving serious injuries.
Permanent Disability or Disfigurement
A truck crash involving a large commercial vehicle or semi truck can leave lasting damage. Victims with visible scarring, limb loss, or reduced function in any part of the body may qualify for higher compensation. These injuries affect quality of life and are often supported by expert testimony in court.
Why Injury Severity Affects Case Value
Insurance companies look at the extent of injuries to determine how much they are willing to pay. A truck accident involving minor injuries usually results in lower compensation. Cases involving permanent injuries, extensive treatment, and emotional trauma are valued much higher. An experienced truck accident lawyer can help ensure the full impact of these injuries is documented and presented.
Liability: Who Was Responsible for the Truck Accident?
Liability is one of the most important factors in determining how much a truck accident case is worth.
Truck Driver Negligence
Truck driver error is a leading cause of large truck crashes. Common examples include speeding, distracted driving, fatigue, and driving under the influence. Federal regulations limit how many hours a driver can operate a commercial truck, but violations still happen. If the truck driver broke the law or failed to drive safely, they may be held liable for the accident.
Trucking Company Responsibility
Trucking companies can also be responsible for truck accidents. They are required to hire qualified , train them properly, and maintain safe truck operations. When a trucking company fails in these duties, such as through negligent hiring practices or poor supervision, they may share liability. In many cases, both the driver and the trucking company are sued together in a truck accident lawsuit.
Other Negligent Parties
Truck accidents often involve multiple parties. Maintenance companies may fail to repair commercial trucks properly. Cargo loaders may overload or improperly secure freight. A truck manufacturer could be held responsible if a defective part caused the crash. Identifying all negligent parties can increase the value of a truck accident claim.
Comparative Negligence in Georgia
Georgia uses a modified comparative negligence system underOCGA § 51-12-33. This means a truck accident victim can still recover compensation if they are less than 50 percent at fault. However, their compensation will be reduced by their percentage of fault. Determining liability accurately is critical in these cases.
Evidence That Establishes Liability
Proving liability requires strong evidence. This can include driver logs, truck maintenance records, black box data, and statements from accident reconstruction specialists. A thorough investigation can uncover the actions of each party involved. An experienced truck accident attorney can gather and present this evidence to support your truck accident case.
Evidence from the Accident Scene
Strong evidence from the accident scene helps support your truck accident case and prove who was responsible.
Photographs and Video Footage
Photos and videos taken at the accident scene can show damage to vehicles, road conditions, skid marks, and injuries. Dashcam footage, traffic camera recordings, or surveillance videos from nearby businesses may also capture how the truck crash occurred. This visual evidence can help confirm the cause of the collision and support your truck accident claim.
Police Report and Witness Statements
The police report includes important facts such as time, location, weather conditions, and initial fault assessments. It often names the parties involved and includes citations if any laws were broken. Witnesses who saw the truck accident can provide statements that explain what happened. These details help build a clearer picture of the events.
Black Box Data and Driver Logs
Most commercial trucks carry an event data recorder, often called a black box. This device stores details like speed, braking, and hours of service before the accident occurred. Reviewing the black box can show if the truck driver was speeding or driving too long without rest. Driver logs also track how long the driver was behind the wheel. These records are vital for proving violations of federal regulations.
Truck Maintenance and Inspection Records
If poor maintenance contributed to the truck accident, records can show it. Trucking companies must inspect and maintain their vehicles regularly. Faulty brakes, worn tires, or other mechanical problems may point to negligence. A truck accident attorney can request these records as part of the investigation.
Accident Reconstruction Experts
In serious or fatal truck accidents, accident reconstruction specialists can be helpful. These experts use physical evidence, data, and engineering models to explain how the truck crash happened. Their reports can be used in court to support your version of events.
Why Quick Action Matters
Important evidence can be lost, altered, or cleaned up quickly after a truck accident. Contacting an experienced truck accident attorney early helps protect this information. A timely investigation can preserve evidence that supports your right to recover compensation.
Federal and State Regulations That May Apply
Truck accident cases often involve both federal and Georgia state laws that set safety standards for commercial truck operations.
Federal Motor Carrier Safety Regulations
The Federal Motor Carrier Safety Administration (FMCSA) creates rules for how commercial trucks must be operated across state lines. These rules cover driver hours, rest periods, vehicle inspections, and drug testing. If a truck driver or trucking company violates these rules, they may be held liable in a truck accident lawsuit. Common violations include driving over the legal time limits and skipping required maintenance checks.
Hours of Service Rules
Federal regulations limit the number of hours a truck driver can operate a commercial vehicle without rest. Drivers are typically allowed to drive for up to 11 hours after 10 consecutive hours off duty. Violating these rules increases the risk of fatigue-related accidents. Driver logs and black box data are often used to prove violations in a truck accident claim.
Vehicle Maintenance Requirements
Both federal and Georgia laws require regular inspections and maintenance for large commercial trucks. Brakes, lights, tires, and other critical parts must be checked and repaired as needed. Failure to keep a truck in safe condition can lead to a crash. Truck maintenance records can help prove the trucking company failed in its duty to operate a safe vehicle.
Georgia State Trucking Laws
In addition to federal rules, Georgia has its own laws regulating commercial truck operations. These include weight limits, speed restrictions, and specific permit requirements for oversized loads. Violations of these laws can affect the outcome of a truck accident case and may increase the liability of the parties involved.
Why Compliance Matters in a Truck Accident Case
Violations of federal or state trucking regulations can serve as evidence of negligence. If a truck driver or trucking company broke these laws, it strengthens the injured victim’s case. A truck accident attorney can investigate for violations and use them to recover compensation.
Contact an Experienced Augusta Truck Accident Attorney Today!
If you or someone you care about has been injured in a truck accident, you don’t have to face the legal process alone. Our team at Horst Shewmaker has the experience and resources to handle complex truck accident cases involving serious injuries, multiple parties, and commercial trucking regulations. We work hard to hold negligent parties accountable and pursue the full compensation you are owed for medical bills, lost wages, and pain and suffering.
Contact us at (404) 400-1175 for a free claim review today!
