Truck accidents are a serious threat across the United States, especially in Georgia. According to the National Safety Council (NSC), the state ranks fourth in the nation for deadly large truck accidents, with hundreds of deaths every year. If your family member died in one of these fatal truck accidents in Georgia, you’re likely dealing with not just the pain of your loss but the fury that someone else’s bad behavior cost your loved one their life. They deserve justice, and you deserve to hold those to blame accountable for what they’ve done. Brauns Law Accident Injury Lawyers, PC can help you demand that – and at no upfront cost to you.
Contact us today for a free consultation with a fatal truck accident lawyer. We can review your case for free, advise you on your options, and pursue a wrongful death claim on your behalf. We know that no sum of money can undo what you’ve suffered. But we know it can provide you with the peace of mind and financial security you deserve. Call us today, and let us help you demand what’s right.
Most Common Causes of Fatal Truck Accidents
In a Federal Motor Carrier Safety Administration (FMCSA) study, fatigue, drinking alcohol, and speeding were cited as major factors in most collisions. In the same study, the FMCSA examined 141,000 fatal truck accidents and categorized the crashes into four areas of driver error:
- Non-performance – These crashes occurred because the driver fell asleep, suffered a medical emergency, or was impaired by alcohol, drugs, or over-the-counter medication.
- Poor decisions – Many fatal truck accidents happen because of a driver’s bad judgment, such as driving too fast for weather or traffic conditions, following other vehicles too closely, or misjudging the distance or speed of other cars.
- Driver distraction – Some fatal semi-truck or large truck crashes occur when drivers do not pay attention. Something inside or outside the truck distracted them, which contributed to the crash.
- Inferior performance – Driving a large truck requires knowledge and experience. Too many fatal truck crashes happen when underprepared drivers overcompensate, panic, or have poor driving control.
Fatal Truck Accident Statistics
Nationwide, over 5,700 people died in fatal truck accidents in a recent year. Here are Georgia’s fatal truck accident statistics at that same time:
- 245 fatal truck accidents were reported.
- 9 percent of all vehicles in fatal crashes were trucks.
- 4 percent of U.S. fatal truck accidents happened in Georgia.
Who Can File a Claim After a Fatal Semi-Truck Accident in Georgia?
In Georgia, certain family members may file a wrongful death claim after a fatal truck accident to demand compensation for the harm the at-fault party caused them. The state uses the following hierarchy system for who can file:
- Surviving spouse – Recognizing the close emotional and financial ties between partners, the surviving spouse holds the primary right to file a wrongful death claim. The spouse must share the compensation they receive with any surviving children.
- Biological or adopted children – If there is no surviving spouse, the right to file a claim moves down to the victim’s biological or adopted children.
- Biological or adoptive parents – In the absence of a surviving spouse or children, the victim’s biological or adoptive parents may file a wrongful death claim.
- Personal representative of the estate – If there are no surviving spouses, children, or parents, the personal representative of the victim’s estate is authorized to file a wrongful death claim.
Damages Awarded in Georgia Truck Accident Wrongful Death Claims
Under the Georgia Wrongful Death Act, eligible family members can pursue damages for “the full value of the life of the decedent.” This is the state recognizing that a person’s life is valuable in various ways, not just the financial support they might have provided.
Damages in a wrongful death claim should reflect the overall value of the individual, recognizing their personal qualities, relationships, and potential, including:
- Economic loss – This includes a valuation of the victim’s salary, benefits, pension, remaining working years, potential career arc, household services, and other relevant factors.
- Emotional loss – Compensation can make up for the impact of the loss of companionship, guidance, protection, and support in the victim’s relationships with their surviving family.
- Additional losses – Damages should cover funeral and burial costs, as well as expenses directly associated with medical care before death.
How To Prove Fault in a Fatal Truck Accident Case in Georgia
An experienced attorney is a valuable ally in pursuing a wrongful death claim due to a fatal truck accident in Georgia. Proving fault depends on a combination of gathering evidence and applying legal knowledge. This evidence might include:
- Accident scene photos and videos
- Police reports
- Eyewitness testimony
- Hours of service logs
- Data from the truck’s “black box”
- Bills of lading and shipping manifests
- Accident reconstructions made by forensic experts
- Medical records
- Paystubs and tax documents
Once they’ve assembled this evidence, they will use it to answer the following questions:
- Did their actions show negligence? Your lawyer will seek to establish that the other party should have taken reasonable precautions to avoid an accident and that they failed to take them. They want to show that the other party acted negligently, such as speeding or running a red light.
- Did their negligence cause harm? A fatal truck accident attorney shows the cause and effect of someone’s negligence and your loved one’s death. For example, the truck driver failed to stop for a red light, causing them to hit your loved one’s vehicle.
- What does this harm cost you? Lastly, an attorney can show how this accident caused actual losses, both in terms of money and how it affected the people left behind. The costs of the funeral and the money your loved one would have brought home are part of it. But it’s also about how much pain and sadness this has brought your family.
Statute of Limitations for Wrongful Death Claims in Georgia
Under Georgia law, you have two years to file a wrongful death claim in most cases. The court will likely dismiss a lawsuit brought after the deadline set by this statute of limitations expires. Act fast to avoid losing your right to pursue compensation.
Talk to Our Experienced Fatal Truck Accident Lawyers in Duluth, GA Today
If you lost a loved one in a fatal truck accident in Georgia, please accept our sympathies. Our experienced truck accident lawyers can take care of the details of filing a wrongful death claim to demand total and fair compensation for what you’ve suffered. Contact Brauns Law Accident Injury Lawyers, PC to get started with a free consultation.
