3 REASONS TO HIRE AN ATLANTA CAR ACCIDENT LAWYER
There are three principal benefits to hiring an Atlanta car accident lawyer after being injured in a car or truck wreck.
First, the lawyer is going to handle all communications with the insurance company. This is an advantage because experienced injury lawyers deal with insurance adjusters every day. Injury lawyers understand the process of negotiated settlement, valuation of claims, and when necessary, filing lawsuits. Because of this, an attorney generally has a better chance of increasing the value of your claim. In other words, having an Atlanta car accident lawyer negotiate on you behalf means that all you have to worry about is getting well.
Second, an experienced accident lawyer can help you receive the appropriate medical services for you injury. Many injury lawyers have a network of medical providers that are accustomed to working on car wreck patients. Often, these medical providers will work off of liens, meaning that they will agree to hold off on requesting payment or collecting money until the settlement or a verdict is reached by the attorney. Often, the attorney will work with these doctors and medical providers to get the bills paid.
Third, injury lawyer know how to prepare your claim for trial. Ultimately, if a fair settlement cannot be reached with the insurance company, a jury trial is going to be the only way for you to get the appropriate amount of compensation for your injury. Conducting a jury trial is almost impossible for a lay person, and even most lawyers do not take cases to trial regularly.
If you or a loved one have been involved in a car or truck wreck, please call and speak to the Atlanta car accident lawyers at Schenk Smith today.
AFTER A CAR ACCIDENT: HOW DO I GET A COPY OF THE POLICE REPORT?
If you or a loved one have been involved in a car or truck accident, one of the very first things you will want to do is to get a copy of the police report.
Obtaining the police report is important for several reasons. First, the police report contains pertinent information about the at-fault driver, including address and insurance information. Second, the police report also contains the officer’s investigation, including witness information, like phone numbers and sometimes a description of what the witnesses said. Third, the police report may determine who was at fault for the wreck, and what citations, if any, were issued.
Back in the day, police reports were only available at the local police department. Now, all you need is a computer, the name of the police department, the date of the accident, the name of the driver, and a credit card.
There are several companies that offer police reports online. One that my firm uses regularly is BuyCrash.com, which charges a small fee, usually around ten dollars, for the report.
These sites are great for beginning your investigation into the case, not just because you can get the report from your own crash, but you can see whether the other driver has been at fault in other wrecks. If so, this extra bit of information helps increase the value of your case.
If you or a loved one have been involved in a car or truck wreck, please call and speak to the Atlanta car accident lawyers at Schenk Smith today.
TRUCK ACCIDENTS ARE TIME SENSITIVE: ACT NOW!
If you or a loved one have been involved in a truck accident, it is very important that you contact an experienced truck accident lawyer as soon as possible. Here’s why:
Generally, the first thing that the truck driver does after the accident, even while still on the scene, is contact the trucking company. The trucking company will immediately dispatch a wreck investigator to the scene, even if on a weekend, or in the dead of night. The investigator will take photographs, take measurements, and interview witnesses.
Many times, the trucking company’s investigator is ex-law enforcement, and, where possible, will attempt to begin persuading the police officers at the scene. In some cases, most often when there is a serious injury, the trucking company will send an attorney to the scene as well.
This is why it is important to hire an experienced truck accident lawyer as soon as possible. We will begin our own investigation, and hire our own experts. We document the scene, track down witnesses, and request video evidence, where possible. For example, we will send an open records request to the city for traffic cameras, or subpoena police for dash cam footage.
Not only do we investigate, but we also prevent the trucking company from destroying evidence that hurts them. Upon instruction, the trucking company can be prevented from destroying evidence, but they must be put on the appropriate notice under the law.
If you or a loved one have been involved in a car or truck wreck, please call and speak to the Atlanta car accident lawyers at Schenk Smith today.
SHOULD I TALK TO THE OTHER DRIVER’S INSURANCE ADJUSTER?
It is almost never a good idea to talk to the at-fault driver’s insurance adjuster after a car accident unless you are represented by an attorney and (1) that attorney is on the call, or (2) has prepared you for the call.
The adjuster is looking to get statements about the wreck that will eventually be used against you. Most people are not looking for trouble, and do not want to sound combative. As such, there is a tendency to downplay pain. For example, some people will say that they are “doing fine” when they clearly are not.
Also, the adjuster is looking to see if you can establish liability, and will look for you to say things like, “The other guy came out of nowhere,” or “I didn’t even see him.” These statements most certainly factor into their evaluation of the claim.
Insurance adjusters are trained to get information from people on these calls the same way that attorneys are trained to illicit testimony on cross examination. Speaking to an adjuster without attorney representation can be detrimental to the value of your claim.
If you or a loved one have been involved in a car or truck accident, and the at-fault driver’s insurance company is calling you, it is very important that you speak to one of our experienced, Atlanta car accident lawyers today.
COMMON CAUSE OF TRUCK ACCIDENTS: IMPROPER LOADING
When truck drivers load their rigs incorrectly, or not according to Federal and State Regulations, serious accidents can occur.
One result of improper loading is having too much cargo in an over-sized truck. This can lead to a situation where the truck is top-heavy, therefore increasing the likelihood of overturning or jackknifing.
Cargo that is not strapped down properly can shift the weight while the truck is in motion. Again, this may cause the truck to experience problems decelerating, or sometimes, the cargo can fall out of the truck and strike other vehicles on the road. Even where the cargo does not immediately strike a vehicle, the debris on the road cause a dangerous situation for other drivers.
Federal law provides explicit instructions to trucking companies on the appropriate way to load trucks.
For example, cargo must be secured within the trailer by tiedowns, shoring bars, or other methods. Cargo that is likely to roll must be fastened securely with wedges or chokes.
Also, truck drivers must take proper steps when transporting large or cumbersome cargo. Where a load extends beyond the width of the truck or projects beyond the rear of the vehicle, the driver must attach various colored lights to warn other drivers.
If you or a loved one have been involved in a truck accident caused by improper loading, it is very important that you speak to an Atlanta car accident lawyer today.
HOW LONG DOES A TRUCKING LAWSUIT TAKE TO RESOLVE?
Taking a trucking lawsuit all the way to verdict takes an average of 18 months to 2 years.
Once the lawsuit is filed, the defendants must be served. Sometimes this can delay the process, particularly where the at-fault driver is difficult to find. After all the defendants have been served, the law provides 30 days for them to file an answer to the lawsuit. An answer sets out the defendant’s rebuttal and defenses to the suit.
When the answer is filed, the lawsuit enters into a six month “discovery” period. Discovery is the process by which each side provides the other with important information. Written discovery, consisting of requests for documents, or requests for written statements called interrogatories, are very common. Also, during this time, the parties will generally depose important witnesses, treating doctors, and the parties.
Due to the seriousness and complexity of trucking cases, the discovery period is generally extended by several months, and sometimes lasts over a year.
After discovery closes, there is generally a period of time for filing what are called, “dispositive motions.” These are the kind of motions that can dismiss a case before it even gets to trial. This phase can last several months.
After discovery and dispositive motions, cases are then placed on a trial calendar, in the order in which they arrive on the judge’s docket. Depending on the number of weeks in the judge’s trial term, and the number of cases on the docket, the case my linger on the trial calendar from severl weeks to several months.
Despite all the time it takes to get to trial, the trial itself is not quite as long. Depending on the complexity of the case, trucking trials take anywhere from 2 to 5 days, or longer.
If you or a loved one have been involved in a car or truck accident, and you have questions about how long it will take to resolve, it is very important that you speak to one of our experienced, Atlanta car accident lawyers today.
HOW LONG DOES IT TAKE FOR A CAR ACCIDENT CLAIM TO SETTLE?
There is no simple answer to that question. The most important factor will be how long it takes for the client to reach what is called maximum medical improvement. In other words, once the client is at a point where his or her condition cannot be improved any further with medical treatment, or the client has fully recovered.
The reason why it is important to wait to settle a claim until the client has reached maximum medical improvement is because the at fault driver’s insurance company will not be able to fully evaluate the claim without looking at a full and complete medical record. Attempting to settle a case during treatment may risk under valuing a claim.
Once the client has recovered or reached that level, the car accident lawyer can place the medical records, evidence of lost wages, and descriptions of the client’s pain and suffering into a demand package for the at-fault driver’s insurance adjuster.
The insurance company will almost always come back with a low ball offer. The car accident lawyer will then negotiate on the client’s behalf for the highest possible settlement.
Depending on the severity of the injury and the insurance company involved, the settlement negotiation may take anywhere from a few weeks to a few months.
However, the best results come to those clients and attorneys who are willing to file a lawsuit if a proper settlement cannot be reached.
If you or a loved on have been involved in a car or truck accident and have questions about how long it may take to resolve, it is important that you call and speak to one of our experienced Atlanta car accident lawyers today.
3 THINGS NOT TO DO AFTER A TRUCK ACCIDENT
We’ve spoken at length in other videos on the Schenk Smith website about what to do immediately after a truck or car accident. Here are some things to avoid after a car or truck wreck.
First, do not speak to anyone at the scene, or even after the wreck, other than the investigating police officer or your attorney. The truck driver’s insurance company or investigator will seek to get a statement from you. Do not give them one.
Second, do not be fooled into signing anything. If the truck driver’s representative puts a piece of paper in front of you, put your pen down and immediately contact an attorney. Even if they seem to be on your side, or telling you that they are sorry, or are dangling a check in front of you. Do not sign any document until it has been reviewed by an attorney.
Third, and along the same lines, please do not attempt to negotiate a serious injury claim by yourself. Adjusters are trained to provide as little compensation as possible- it is a part of their business model. Unless you deal with these issues on a daily basis, like most injury lawyers, you will not have a concrete undersantind of what your claim is worth, and will probably be leaving money on the table.
If you or a loved one have been involved in a truck accident, and you are unsure of what to do next, it is very important that you call and speak to one of our experienced injury lawyers today.
BRAKE FAILURE IS A COMMON CAUSE OF TRUCK ACCIDENTS
Many truck accidents are directly the fault of the conduct of the driver, like when a driver operates the vehicle under the influence of drugs or alcohol, or is too tired to drive.
However, many other wrecks are caused by problems with the truck itself. In fact, according to a study done by the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration, 29% of all commercial truck accidents involve brake failure.
With so many complex components, and the collosal weight of the truck, brakes must be maintained regularly or the risk of catastrophic failure increase.
Trained and experienced mechanics, on a regular basis, must inspect and alleviate issues such as poor air pressure, condensation, adjustment, worn out components, and over heading. Without proper inspection, brakes will not function correctly.
This is why improper maintenance is the principle cause of most brake failures. Truck drivers are required by law to operate their rigs with working brakes at all times.
Still, due to time and money constraints, or out of pure laziness, many trucks on the road have defective braking systems.
When improper maintenance of brakes causes a truck wreck, the injured driver is entitled to recover from the truck driver and the trucking company, among others.
If you or a loved one have been involved in a truck accident caused by bad brakes, and you are unsure of what to do next, it is very important that you call and speak to one of our experienced injury lawyers today.
WHO DO I SURE FOR PERSONAL INJURY AFTER A TRUCK ACCIDENT?
If you or a loved one have been involved in a truck accident, it is very important that you call and speak to a truck accident lawyer, and that’s because an attorney will be able to tell you all of the people and the companies that will be liable to you for your injuries.
Due to the severity of injuries in truck accidents, it is critical for the attorney to find as many liable parties as possible, to increase recovery.
Most often, when you are involved in a truck accident, the responsible parties may include the following:
First, there’s the truck driver. However, the driver generally has little to no money.
Second, there’s the trucking company. The company that hired the driver may be responsible if the past record of the driver shows negligent driving in the past.
Third, if the accident was caused due to mechanical failure of the truck, the mechanics may be held responsible.
Fourth, sometimes it is possible to hold the actual manufacturer of the truck responsible if the vehicle was designed or constructed with defects that contributed to the wreck.
If you or a loved one have been involved in a truck accident, and you do not know what to do next, it is very important that you call and speak to one of our experienced injury lawyers today.
