Columbus, GA Truck Accident Attorney

Have You Been in a Truck Accident in Columbus, GA?

Call us today at 706-955-1559. Truck accidents often result in life-changing injuries. Accident victims face a long road ahead in finding the right doctors and medical treatments while paying their bills and taking care of their families. Altogether, it can feel incredibly overwhelming and isolating. Many accident victims simply give up, assuming that their case is hopeless. Others accept the lowball offers promised by the insurance company, leaving them with thousands of dollars in uncovered losses.

The good news is that you don’t have to face this situation alone. From coordinating medical treatment to making sure you get fair compensation for your losses, a Columbus truck accident lawyer can help you pick up the pieces and start moving forward.

Straight Talk: What You Need to Prove in Your Truck Accident Case

If you have been injured in a truck accident, you will need to pursue a claim in order to receive compensation for your injuries, lost wages, and other losses. Unfortunately, the driver or the trucking company may dispute liability and force you to prove every aspect of your case. And even if they accept liability, their insurance company will want to pay as little as possible on your claim. Proving a truck accident claim to ensure full recovery is often far more difficult than most people expect.

To receive the compensation you deserve, you will need to prove three things:

1. That the truck driver or trucking company was negligent in some way;
2. That their negligence caused the accident; and
3. That the accident resulted in your injuries and other losses.

You will need to gather compelling evidence to prove each of these elements. This can be difficult at the best of times, but can quickly become overwhelming when you are in pain and trying to focus on your recovery. A Columbus truck accident lawyer can help you gather the evidence you need to prove your case.

How a Columbus, GA Truck Accident Lawyer Can Help You Prove Negligence

Negligence can be difficult to prove even in cases where it seems to be obvious. Negligence is essentially the failure to take the appropriate care to avoid a foreseeable accident. In some ways, therefore, you are trying to prove a negative. This can be even more difficult if the accident was caused by the trucking company’s negligence, especially for non-lawyers. Here are some of the ways that a Columbus truck accident lawyer can help:

• They can obtain statements from witnesses
• They can obtain copies of accident reports
• They can obtain traffic camera footage
• They can determine if there were any traffic violations or violations of trucking regulations
• They can subpoena records from the trucking company regarding the driver’s driving history
• They can subpoena the trucking company’s maintenance records

Much of the evidence you will need will not be easy to obtain. Not only will it be time-consuming, but you will also have to know where to find it and how to make the request. Subpoenas will require a legal proceeding. While you may be able to gather some of the evidence you need, the stronger your evidence, the more likely that you will get all of the compensation you deserve.

Establishing Causation

Proving negligence in your case isn’t enough. You have to prove that the driver’s or the trucking company’s negligence caused your accident. If you cannot prove that their negligence caused your accident, your claim will fail.

For example, you may be able to prove that the driver was speeding at the time of the accident. You must then prove that their speeding caused your accident.

While this example is simple, most truck accidents are extraordinarily complex. Identifying the cause of the accident can be quite difficult, and there may be multiple causes at work. In fact, the driver may claim that your own negligence is to blame for the accident.

A Columbus truck accident lawyer can use their knowledge and experience to identify the proper cause of the accident and develop the evidence you need to prove it. If they are unable to conclusively prove the cause of your accident, they can work with an expert who can reconstruct precisely what happened. This means that your case will be built on solid evidence backed by an expert who is willing to testify on your behalf.

Why You May Need a Columbus, GA Truck Accident Lawyer to Prove Your Injuries

You will also need to prove that the accident caused your injuries. As part of this process, you will need to prove the extent to which you were injured, your prognosis, and what temporary or permanent limitations your injuries have caused. All of this needs to be extensively documented in your medical records, but can sometimes be unclear. An experienced Columbus truck accident lawyer can work with your medical team to ensure that your medical records make it clear that your injuries were caused by the accident.

This element can be especially challenging for people who have pre-existing injuries or the accident has resulted in re-injuring a prior injury. It can also be difficult to prove how your injuries limit your ability to work or simply engage in daily life. Fortunately, a Columbus truck accident lawyer will know how to overcome these challenges so that you can get the compensation you deserve.

Columbus Truck Accident Victims Trust Merritt & Merritt Law Firm

​A crash involving a commercial semi-truck is one of the most devastating traffic accidents someone can be involved in. This is because semi-trucks are giant and heavy. Frequently, the drivers are under a strict schedule, which encourages them to speed excessively. All of these factors combine to create a perfect storm that can lead to devastating injuries to anyone caught in its wake.

If you are suffering from injuries sustained in a truck accident, the absolute last thing you need to be worrying about is dealing with pushy insurance adjusters or fighting corporate lawyers. The Merritt & Merritt Law Firm team has spent decades representing Columbus’s residents in court, getting them the full legal recovery they deserve. If you have been injured and need help exercising your rights, call our team today at 706-955-1559.

Using FMCSA Violations to Prove Negligence

​One of the leading causes of truck wrecks on Georgia highways is driver fatigue. Because trucking companies are paid by the mile, there is an immense amount of pressure on drivers to stay on the road for as long as possible. To combat this danger, the Federal Motor Carrier Safety Administration (FMCSA) has established strict Hours of Service (HOS) regulations. These rules dictate exactly how many hours a driver can be behind the wheel and how much rest they must have between shifts.

When a driver exceeds the Hours of Service regulations, they are a danger to public safety. Their reaction times are slowed down, which is dangerous because they are operating a vehicle that weighs 80,000 pounds and can go 70 miles per hour, if not more. Additionally, their judgment becomes impaired, similarly to that of a drunk driver. The Merritt & Merritt Law Firm team uses evidence of HOS violations to demonstrate negligent driving.

​Collecting and Preserving Evidence from the Black Box

​In the modern-day trucking industry, the truck itself often contains a litany of evidence. This often means that the truck can be the best “witness” to its own accident. This is because nearly all commercial trucks are equipped with an Electronic Control Module (ECM) (also known as a black box). The ECM records data as the truck is driven, such as speed and braking activity. This can be crucial evidence to demonstrate that the truck was driven negligently.

Unfortunately, this evidence is often conveniently “lost” unless immediate action is taken. The Merritt & Merritt Law Firm’s Columbus truck accident lawyer firm preserves this evidence by immediately demanding formal preservation. This legal notice prevents the truck company from deleting the ECM’s data. If the company ends up deleting or “losing” the data, they can face significant penalties in court.

​The data points we recover often include:

• ​The exact speed. We can determine if the driver was traveling above the posted limit or too fast for the weather conditions.
• ​Braking activity. The black box shows exactly when the driver applied the brakes and how much force was used.
• ​Steering input. This helps us understand if the driver made a sudden, erratic maneuver before the impact.
• ​Seatbelt usage. Our team can verify if the driver was following basic safety protocols.
• ​Cruise control status. This indicates whether the driver was actively engaged in controlling the vehicle’s speed.

​By securing this data early, our Columbus truck accident lawyer team can build a factual timeline that is difficult for the insurance company to dispute.

​Hiring, Training, and Supervision Claims Against Carriers

​While the driver’s actions at the scene are important, the trucking company’s behavior behind the scenes is often just as guilty. In Georgia, you can sue a trucking carrier for their own independent negligence in how they manage their fleet. This is known as a claim for negligent hiring, training, or supervision.

​Trucking companies have a legal duty to ensure that every driver they put on the road is qualified and safe. When they prioritize filling a seat over public safety, innocent people get hurt. We investigate the carrier’s internal files to see if they ignored red flags in the driver’s history.

​Common examples of carrier negligence include:

• ​Failure to conduct background checks. Hiring a driver with a history of DUIs or multiple reckless driving tickets.
• ​Inadequate training. Putting a driver in a specialized vehicle, like a tanker or a flatbed, without ensuring they know how to handle the specific risks.
• ​Ignoring medical issues. Allowing a driver to operate a heavy rig despite failing a physical exam or having a known sleep apnea condition.
• ​Lack of supervision. Failing to monitor a driver’s logbooks or ignoring repeated safety violations reported by the FMCSA.
• ​Retention of dangerous drivers. Keeping a driver on the payroll after they have been involved in multiple preventable accidents.

​By holding the carrier accountable for these systemic failures, Merritt & Merritt Law Firm can often seek punitive damages, which are intended to punish the company for its reckless disregard for safety.

​Trucking Insurance Layers and Coverage Disputes

​One of the most complex parts of a truck accident case is the insurance structure. Unlike a car accident, where there is usually one policy, a commercial truck often has multiple layers of insurance. This might include a primary liability policy, an excess policy, and an umbrella policy. Additionally, different companies may insure the tractor (the front of the truck) and the trailer (the back of the truck).

​Insurance companies frequently engage in coverage disputes to avoid paying large settlements. One company might claim the other is responsible, or they might argue that the driver was an independent contractor and therefore not covered by the main policy. These “shell games” are designed to frustrate victims and force them into accepting a lower settlement.

​Our Columbus truck accident lawyer legal team is experienced at cutting through these disputes. We analyze the contracts between the shippers, the carriers, and the drivers to determine exactly which insurance policies are on the hook for your damages. Because truck accidents often cause catastrophic injuries that exceed a million dollars in costs, finding every available layer of insurance is the only way to ensure you are fully compensated for your medical care and lost income.

Talk to a Columbus, GA Truck Accident Lawyer at Merritt & Merritt Law Firm Today

If you have been injured in a truck accident, the bottom line is that you need someone that is on your side and focused on protecting your interests. You need someone who understands what’s at stake and how to prove your claim. You need someone who knows the Columbus court system and how to get results. You need a Columbus truck accident lawyer from Merritt & Merritt Law Firm. From comparatively minor accidents to those that result in severe disabilities and even death, our attorneys know what it takes to get you and your family the compensation you deserve. To discuss your case and how we can help, call us today at 706-955-1559 to schedule your free consultation.