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What damages can I recover after a truck collision?

On Behalf of | May 2, 2023 | Truck Accidents

Atlanta’s busy roads and highways are filled with a wide variety of vehicles, many of which are large trucks.

Even the safest and most confident drivers can be intimidated by trucks on the road. The large size and heavy weight of trucks means that many truck crashes result in serious injuries to the driver of the passenger vehicle.

The physical and mental impact of a truck crash

If you or your loved one is involved in a collision with a large truck, you know the devastating impact. You are likely facing a long recovery time with the potential of permanent physical impairment, along with high medical bills and lost wages.

Additionally, it is common for your mental health to suffer after a truck crash. You may experience feelings of anxiety and depression. You might be afraid to get behind the wheel of a car again.

Your injuries can cause you to be out of work for a long time or even lose your job if your injuries prevent you from being able to perform your duties.

A personal injury action for negligence could help you recover damages. However, one of your main questions is likely to involve what types of damages you can collect.

Economic damages

The damages you can recover depend on the specific facts of your case. There are many different types of damages you can ask for. Some are economic and some are non-economic.

Some examples of economic damages include:

  • Medical expenses
  • Lost wages
  • Vehicle damage

Medical expenses include any medical bills you have accumulated to treat your injuries and the cost of any long-term treatment, such as physical therapy or rehabilitation programs.

Non-economic damages

Non-economic damages include things like pain and suffering, loss of quality of life and disability or disfigurement. As you can imagine, it is harder to determine an amount of non-economic damages, but the number typically depends on the severity of your injuries and the degree of your pain and suffering.

Establishing negligence in Georgia

Recovering damages means you must first prove negligence. All truck drivers have a legal duty to drive safely and in a manner that does not endanger other drivers on the road.

You must show that the truck driver in your case failed in this legal duty and this failure is what caused your accident. You must then prove the number of damages you are seeking.

Georgia follows what is known as “modified comparative negligence” law. This means that you can only recover damages up to the amount that a court determines the truck driver was at fault, vs. your own fault. Additionally, if you are found to be 50% or more at fault, you cannot collect any damages.

Trucking company defenses

Trucking companies are likely to use this law in their defense of your personal injury action. A common defense in a truck accident case is that the driver of the passenger vehicle was at fault, or more at fault, than the truck driver.

Considering the high price you pay, both physically and mentally, after a truck collision, it is important to have the benefit of experienced legal counsel when you pursue a personal injury claim. Attorneys can examine your situation, help you collect evidence and negotiate or litigate on your behalf to help you get the compensation you seek.