Statesboro Semi-Truck Accident Lawyer

Statesboro Semi-Truck Accident Attorney

Trucking is a necessary, beneficial industry, but 18-wheelers create some of the most dangerous car accidents on the roads. These accidents will often result in serious injuries for those involved. The costs of these accidents are the responsibility of the party at fault.

However, it can often take the help of a Statesboro semi-truck – big truck accident lawyer to ensure that those costs are properly addressed.

At Merritt & Merritt Law Firm, we are dedicated to ensuring that the victims of truck accidents get the compensation that they deserve. Our clients deserve top-tier service, which is why we are available to meet wherever works well for you, whether that be at home, at work, or at the hospital.

We pair that service with more than 45 years of experience handling these kinds of injury claims. We seek to get our clients the compensation that they deserve through negotiations or taking the claim to court.

Who Could Be Liable for a Semi-Truck Accident?

Trucking operations are often complex and involve a number of different parties. It takes a lot of different groups to get an 18-wheeler loaded and onto the road. This means that there are a number of different parties that could have at least a share of the blame for the accident.

A major part of what your lawyer will do is examine the accident and identify who the parties are that should be considered liable. Some of these potentially liable parties include:

• The Big Truck Driver: In many cases, the driver of the semi-truck is likely to be at least partially liable for the accident. Often, this is a result of something like speeding, distracted driving, or other violations of traffic law. Additionally, truck drivers are subject to regulations regarding the amount of rest time they have between driving sessions. Failing to adhere to those regulations could lead to their being found at fault for the accident.
• The Driver’s Employer: The employer of the driver could be at fault for the actions of their employees, particularly if there was something identifiable about company policy that can be seen as having made an accident more likely. For instance, if a company failed to ensure that their drivers were properly trained or if they had unreasonable expectations regarding delivery times, then it’s possible this could be seen as having contributed to the accident.
• The Shipper: A big truck has a lot of room for cargo, but there are a few ways that cargo could make an accident more likely. For instance, it’s important to ensure that the cargo is properly loaded in a way that is balanced and allows the truck to still be relatively drivable. Imbalanced cargo can lead to a greater risk of issues like jackknifes or rollovers.
• The Owner of the Cargo: If there was a way that the cargo created a greater risk of danger, then the owner of the cargo could be liable, particularly if something that should have been disclosed wasn’t. For instance, if there was hazardous material involved, but the owner failed to notify the proper parties, they may be liable for the situation.
• Some accidents are a product of issues with the roads, traffic signs, or traffic lights. Because they aren’t as maneuverable as standard automobiles, semi-trucks are particularly susceptible to these issues creating accidents. When this occurs, it may be the government responsible for the maintenance of the roads that is liable for the accident.
• Truck Mechanic: Failure to perform maintenance properly can sometimes create a situation where a truck is more likely to end up in an accident. This could mean that the mechanic who was contracted to perform the maintenance is liable for the injuries that the accident caused.
• A Parts Manufacturer: The manufacturer of a part may be liable for the accident if the part was defective or malfunctioned in a way that led to the vehicle being uncontrollable. For this to be the case, the part must have been properly maintained prior to the accident.

For an Immediate Consultation call us at 912-764-3434

How Is Liability Determined When a Big Truck Is in an Accident?

It must be shown that the behavior of the defendant was negligent and directly responsible for the injuries that occurred to establish liability on the part of the defendant in a semi-truck accident claim.

It’s important to have a lawyer with a strong understanding of trucking operations and big truck accidents, as they will be responsible, should the claim go to trial, for making clear to the jury how the accident was caused by the defendant. To do this requires demonstrating three elements:

• Duty of Care: This means that the defendant had a responsibility to take proper precautions regarding the potential risk that their actions could pose to others. Given the danger involved with massive trucks, this is generally well-understood.
• Breach of Duty: This means that the defendant failed to live up to their duty of care and take proper precautions regarding their actions. Depending on the aspect of trucking involved, it can be helpful to bring in an expert witness to explain the error.
• Cause of Injury: Lastly, the breach must be the direct cause of the injuries, usually demonstrated by showing how it led to that accident and the accident to the injuries.

The Importance of Immediate Medical Care After a Semi Truck Accident

Being in an accident with a semi-truck on one of Statesboro’s busy thoroughfares like US-301, the Veterans Memorial Parkway (the bypass), or I-16 can be a terrifying experience. The sheer size and weight of these commercial vehicles mean that collisions often result in catastrophic injuries and complex legal battles.

After a collision, your first priority must be your health. Even if you feel you’ve only sustained minor injuries, it is critical to seek a comprehensive medical evaluation at a facility like East Georgia Regional Medical Center. Adrenaline can be known to mask serious injuries, such as internal bleeding, organ damage, or traumatic brain injuries, and that may cause those injuries to not show symptoms for hours or even days.

Seeking immediate medical care accomplishes two crucial things. First and foremost, it ensures your injuries are diagnosed and treated promptly, protecting your long-term health. Second, it creates an official medical record that directly links your injuries to the accident. Insurance companies will often look for any reason to deny or devalue your compensation claim. A delay in seeking treatment gives them an opening to argue that your injuries weren’t caused by the truck accident or that you made them worse by not seeing a doctor right away. Your medical record becomes a vital piece of evidence our attorneys will use to build a powerful case on your behalf.

Common Defenses Used by Trucking Companies and How We Beat Them

Trucking companies and their massive insurance carriers have teams of lawyers dedicated to minimizing their liability. They will use several common defenses to try and shift the blame and avoid responsibility. Our experienced attorneys at Merritt & Merritt Law Firm have seen these tactics countless times and know exactly how to counter them.

Common Defense #1: You Contributed to the Accident Cause

The trucking company’s first move is often to blame you for the accident. They’ll likely claim that you were speeding, distracted, or made an unsafe lane change. Under Georgia’s comparative negligence law, if you are found to be 50% or more at fault, you will not be able to recover any damages. 

How Merritt & Merritt Law Firm Combats this Defense: We launch an immediate and thorough investigation. Our team will secure all evidence before it disappears, including the truck’s “black box” data recorder, driver logs, maintenance records, and any available traffic or dashcam footage. We diligently work with accident reconstruction experts to scientifically prove how the accident happened and demonstrate the truck driver’s negligence so you don’t lose any chance to claim your compensation. 

Common Defense #2: The Truck Company Claims They Are Not Liable

Often, trucking companies will try to distance themselves from their driver by claiming the driver is an “independent contractor,” and not an employee. This is a legal maneuver to avoid being held responsible for the driver’s actions, as a company is generally only liable for the actions of their employees.

How Merritt & Merritt Law Firm Combats this Defense: We investigate the true relationship between the driver and the company. We analyze contracts, pay stubs, and operational control. In many cases, despite the “independent contractor” label, the company exerts enough control over the driver that they are considered an employee under the law, making the company liable for their negligence.

Common Defense #3: You Have Pre-Existing Conditions

If you have a previous injury or medical condition, the insurance company will try to argue that your pain and medical needs are from your old condition, and not the truck accident.

How Merritt & Merritt Law Firm Combats this Defense: We work closely with your doctors and medical experts to clearly show how the trauma of the truck accident aggravated your pre-existing condition or caused a new, distinct injury. The law is clear: a negligent party is responsible for the full extent of the harm they cause, even if the victim was more susceptible to injury. We ensure this principle is upheld and that you are compensated for all your suffering. 

We Can Help if You’ve Been in a Semi-Truck Accident

18-wheelers and big trucks can cause significant harm and damage when they’re involved in an accident. They cause victims serious injuries and all of the impacts that those injuries create, including medical bills, lost wages, psychological costs, and other issues. The responsibility for these costs belongs to whoever was at fault for the accident.

However, discovering the right party and holding them accountable can often be challenging with complex trucking operations.

At Merritt & Merritt Law Firm, we help those who have been injured in semi-truck accidents get justice in the form of restitution for the injuries that they have suffered. Our experience in seeking fair compensation for our clients for more than 45 years is something that our clients benefit from.

Whether through negotiation or in court, we have had success in getting clients what they are owed. If you have been hurt in a big truck accident and are ready to seek compensation, contact our team today.