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Do You Have To File a Lawsuit To Recover Money For A Truck Accident In Georgia?

If you were involved in a truck accident in Georgia, you must file a lawsuit to recover money to cover your expenses. In fact, if you don’t file suit before the statute of limitations runs out, then it is accepted that you have waived your right to file. If you file a lawsuit after time runs out – two years for injuries, four years for repairs – then there is a good chance the court would dismiss your suit as untimely.

Trying To Recover Money From An At-Fault Trucker? We Can Help!

Due to the state and federal regulations involved in truck accident lawsuits, it can be incredibly difficult to recover money – even if you did absolutely nothing wrong. This is no ordinary car accident you are dealing with. Truck accidents are more complicated and frustrating, especially if you do not know the law.

Our team at Prieto, Marigliano, Holbert & Prieto, LLC has the experience and know-how to file a comprehensive lawsuit to cover all your bases. Our personal injury lawyers know who to sue, by when, and for how much. We know the tricks the trucking companies use to try to avoid paying out on a claim, and we are prepared to fight them at their own game.

Reporting the Accident

Before you even file a claim, it is state law that you file an accident report. To do this, you must first call the police so the officer can file a report while you are still on the scene. You should never agree to work the details out amongst yourselves, especially in a truck accident. In some cases, leaving the scene could even be considered a hit-and-run.

Once you have filed the police report, your next step is to contact your insurance company. You must contact the insurance company the same day as your accident. If you cannot do so due to an injury, have someone call on your behalf. The reason for this is that some insurance companies only give you 24 hours to file a claim, else they will deem the claim invalid.

Determining Fault

When you are involved in a truck accident, even if you did nothing wrong, you still must prove your innocence. You cannot just walk into court, claim the trucker was at fault, and expect payment for your damages. Unfortunately, it just does not work that way, even if you walk into court on crutches. After all, how would the court know if you were disabled before, temporarily or otherwise, without proof?

Other Parties

It may not just be the truck driver who the court orders to pony up some cash. You may be able to sue the company that made the truck for including faulty parts that ultimately caused the crash. You may be able to also sue the trucking company for several reasons, including:

  • Overloading the truck
  • Not properly tying down the truck’s cargo
  • Forcing the driver to work too many hours over and above his normal shift
  • Not completing a timely inspection of the truck
  • Not keeping proper logs on when the driver worked

It is important to determine exactly who is at fault before you file your claim because you only get one shot to file. And if you realize after a decision has already been made that someone else was actually at fault too, then it may be too late for the court to reverse its decision, and you are then stuck with the settlement you agreed to.


The insurance company will not pay any bills, medical or otherwise, until fault is determined. So even if you have been sending your medical bills to the trucking company’s insurance provider, the provider will hold those bills until fault is officially declared in a court of law. This is one reason why settlements often take so long to pay out.

Filing Smart

There are several reasons why you should file a comprehensive, timely claim above and beyond the fact that you need the money in short order. For one thing, the sooner you file your claim, the more seriously insurers will take your injury. After all, how bad can an injury be if you waited two years to sue? The insurance company may even accuse you of lying, since you waited so long to file.

Our lawyers can help you speed up the process in your trucking accident claim. If you are interested in speaking with a member of our team, simply fill out the form to the right, or call us at (855) 329-7144. You will receive a free consultation with no obligation to retain, so you have absolutely nothing to lose, and everything to gain. Call today!