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What Is A ‘Commercial’ Or ‘Big Rig’ Truck Accident Claim?

In the state of Georgia, a ‘commercial’ or ‘big rig’ truck accident claim is a claim filed after being in an accident with a commercial truck. These are not pick-up trucks or SUVs, but the kind of 18-wheelers you see on the highway. These are the trucks you have to be careful of when driving in their blind spots. No one wants to be in an accident with one of these trucks, but unfortunately, these accidents still happen.

Filing A Commercial Or Big Rig Truck Accident Claim? Call Us!

Filing a truck accident claim can be a frustrating and stressful process. Not only do you have to deal with the fallout from the accident itself, but you will face what may seem like endless obstacles when trying to recover money you are legally entitled to. The laws are different, the paperwork is more involved, and the trucking company has more resources than you do. They can fight a lot harder and, because they are in no rush, they can also fight a lot longer.

Let our team at Prieto, Marigliano, Holbert & Prieto, LLC do the fighting for you. Our experienced personal injury lawyers are well-versed in the rules and regulations involved with truck accidents, and we are fully prepared to help you fight your case.

Why Truck Accidents Happen

According to the U.S. Department of Transportation, truck accidents cause thousands of injuries and fatalities each year. For the most part, these accidents involve truck drivers who were driving carefully. However, when something comes up like a road hazard (like ice) or a negligent driver in a passenger car, it takes truck drivers a lot longer to stop, which can lead to an accident.

Not only that, but the freight a truck is carrying makes an already heavy truck significantly heavier. And if all of that weight is coming at you at even a normal highway speed of 55 mph, it can do some serious damage – let alone if the driver was speeding.

There are also secondary injuries as a result of the specific cargo the truck is carrying. For instance, a truck carrying flammable products like gasoline can cause even more damage. No matter what, getting into an accident with a truck is perhaps one of the worst things that can happen to any driver on the road.

What To Expect From The Claims Process

When filing a truck accident claim, it is helpful to be aware in advance of the process involved so that you know what to expect, and around when to expect it. Your best bet after being involved in a truck accident is to hire a lawyer to help you and to protect your rights.

Once you have had your first discussion with your lawyer and presented your initial evidence of the accident, the next step is for the lawyer to review all of the documents associated with the case, including accident and police reports and photos and notes of the scene. He may then decide to hire an expert investigator to visit the crash site and make a note of things like traffic cameras and other structures that may help you defend your case.

Your lawyer will also contact the insurance company and lawyer(s) that represent the trucking company. He may also attempt to locate any potential eyewitnesses, or file demands for more documents from those representing the trucking company.

Keep in mind that all of this happens before you ever see the inside of a courtroom. It can take a long time to compile all of the necessary evidence and paperwork to prove your case, so it is important that you file your claim sooner, rather than later.

However, no matter how much evidence you gather in a truck accident, state and federal rules will decide how much the trucking company is required to pay out in a personal injury case. Still, you want to make sure that you do all you can to prove that you are entitled to the maximum amount under the law.

Proving Negligence

To be successful on a truck accident claim, you must be able to prove that the truck driver’s negligent behavior is what led to the truck accident. There are three elements in particular that every court looks for:

  • Whether the truck driver owed you a “reasonable duty of care” to avoid getting into the accident.
  • Whether the truck driver made an effort to exercise that “reasonable duty of care.”
  • Whether it was the truck driver’s failure to exercise that “reasonable duty of care” that led to your injury.

If you are interested in pursuing a claim against a trucking company, it is not something you should do alone. Our experienced lawyers at Prieto, Marigliano, Holbert & Prieto, LLC understands how complicated the process is, and we want to help. If you are interested in enjoying a free consultation with a member of our team, fill out the form to the right, or call us at (855) 329-7144. You are under no obligation to retain, and we only collect fees if we win. Call today!