If you’ve been involved in an accident with a commercial vehicle, you may be wondering if you have grounds for a lawsuit. Truck accidents can result in significant injuries, property damage, and emotional trauma, and victims often seek compensation to cover medical bills, lost wages, and pain and suffering. When you work with one of our truck accident lawyers in Dalton, you can trust that your case will be in compassionate, capable hands.
Jay & Brent Can Help After a Dalton, GA, Truck Accident
When you're facing the aftermath of a truck accident, Jay and Brent from The McMahan Law Firm are here to help you navigate the legal complexities. With decades of experience and a deep understanding of Georgia's laws, a Dalton truck accident lawyer from our team can provide the guidance and support you need to pursue justice and compensation. Don't face this challenging time alone—reach out today for legal assistance.
Getting Help Is Simple
We strive to make getting help with a truck accident claim as simple as possible. One call and our team will start reviewing your claim right away. With our help, finding out your legal options has never been easier.
You Deserve Compensation
Don’t let the insurance company or anyone else tell you what your claim is worth. You deserve compensation for your losses and our attorneys will fight for the maximum amount possible.
No Fees Unless We Win
We believe everyone should have access to a quality attorney after an accident. That’s why we offer our legal services on a contingency fee basis. You’ll never owe us a penny unless we win your case.
Eligibility To File a Truck Accident Claim
You may be wondering if you’re eligible to file a claim for compensation. Several factors determine eligibility and the best way to find out if you have a claim is to get your free case review with one of our Dalton injury lawyers. In the meantime, explore the information below to learn more about possible qualifying accidents.
Did You Suffer Injuries or Other Losses?
In a truck accident, victims often suffer a range of injuries, from minor cuts and bruises to severe spinal cord injuries, traumatic brain injuries or even wrongful death. These injuries can lead to significant medical expenses, lost wages due to time off work, and pain and suffering, all of which are compensable damages in a personal injury claim.
Are You Within the Georgia Statute of Limitations?
In Georgia, the statute of limitations for filing a personal injury claim, including truck accidents, is 2 years from the date of the accident. This means you have a limited window of time to take legal action. If you wait too long to file a claim, you may lose your right to seek compensation for your injuries and losses.
Who and What Caused the Accident?
Determining who and what caused the truck accident is another important step in establishing liability and pursuing compensation. Your lawyer will investigate various factors, such as the actions of the truck driver, the condition of the truck, road conditions, weather conditions, and any other contributing factors. Common causes of truck accidents include:
- Driver fatigue
- Speeding
- Distracted driving
- Mechanical failures
- Improper loading or securing of cargo
What If You Were Partially At Fault?
In Georgia, even if you share some fault in an accident, you can still seek compensation under the modified comparative negligence system. However, the amount you receive may decrease based on your percentage of fault.
If you’re deemed 50% or more at fault, you might not be able to recover any compensation. Insurance companies may try to blame you to reduce their payout, so having a skilled lawyer is highly recommended for safeguarding your rights.
Proving Liability in a Trucking Collision
Establishing liability in a trucking collision requires demonstrating four key elements: duty of care, breach of duty, causation, and damages.
Truck drivers and other parties involved in the operation of commercial trucks have a legal duty to exercise reasonable care and prevent harm to others on the road. This duty includes following traffic laws, maintaining proper control of the vehicle, and adhering to industry regulations.
A breach of duty occurs when a party fails to uphold their duty of care, such as by violating traffic laws, driving recklessly, or neglecting to properly maintain the truck.
To establish causation or “proximate cause”, it must be demonstrated that the breach of duty directly led to the accident and resulting injuries. This requires linking the negligent actions or omissions of the at-fault party to the harm suffered by the victim.
Finally, the victim must have suffered actual damages, such as physical injuries, property damage, and financial losses, as a result of the truck accident. Documenting these damages is essential for seeking fair compensation.
Trucking companies often control much of the evidence needed to explain how a collision occurred. The McMahan Law Firm can obtain the police accident report for you at no cost and move quickly to identify and preserve available evidence, including driver logs, electronic logging-device data, inspection and maintenance records, cargo records, dashcam footage, officer body-camera footage, traffic or nearby surveillance video, witness statements, and crash-scene evidence.
When relevant, we may also seek data from the truck’s event data recorder (EDR) or other electronic vehicle systems. That data may include information about speed, braking, steering, engine operation, or events leading up to the collision. The McMahan Law Firm has a certified electronic data-retrieval expert in-house, allowing our team to act promptly when electronic truck data may be important to the claim. Because records, video footage, and electronic data can be lost or overwritten, early investigation may help preserve evidence that supports your case.
The Insiders Know Where Trucking Defenses Begin
A trucking company may have a head start after a collision. It may have access to the driver, its own records, and information from the truck before an injured person has had time to process what happened. The company and its insurer may focus on building a defense around the driver’s account, the condition of the vehicles, or arguments that another person caused the collision.
The Insiders at The McMahan Law Firm know that the records held by a trucking company can tell a different story. Driver logs, maintenance history, inspection records, dispatch communications, electronic truck data, and video footage may reveal issues the company would rather minimize or explain away.
Our attorneys know how to look past a company’s first explanation and pursue the evidence needed to test it. We work to preserve the records, identify safety failures, and hold every responsible party accountable when the facts support a claim.
3 Reasons To Choose The McMahan Law Firm for Legal Help
When it comes to seeking legal help in Dalton, GA, The McMahan Law Firm stands out for several reasons.
- Experienced Attorneys: At The McMahan Law Firm, our lead attorneys, Jay and Brent, each have 3 decades of experience in handling truck accident cases. With their extensive knowledge and expertise, combined with nearly two centuries of overall experience from all attorneys at our firm, you can trust that your case will be in capable hands.
- Personalized Attention: We understand that every truck accident case is unique, and we approach each client with personalized attention and care. From the initial consultation to the resolution of your case, we will work closely with you to understand your specific needs and concerns, providing tailored legal guidance and support every step of the way.
- Proven Track Record: The McMahan Law Firm has a proven track record of success in handling truck accident cases. We have helped numerous clients recover fair and just compensation for their injuries and losses, earning a reputation for our dedication, integrity, and results. When you choose us, you can have confidence in our ability to fight tirelessly on your behalf to achieve the best possible outcome for your case.
Choose Board Certified—Not Just Billboard
Advertising can make a law firm familiar, but it doesn’t tell you whether an attorney has demonstrated advanced qualifications in civil trial law. Board certification does.
Jay Kennamer, Brent Burks, and Herbert Thornbury are Board Certified Civil Trial Specialists through the National Board of Trial Advocacy. Board certification is voluntary and requires qualifications beyond those needed to practice law. Certification standards include substantial involvement in the practice area, peer review, additional legal education, and a written examination.
For an injured client, this distinction provides meaningful information when choosing a lawyer. It shows that an attorney’s civil trial knowledge and experience have been evaluated through an independent certification process—not simply described in an advertisement.
Why Trial Experience Matters Even If Your Case Settles
Many personal injury cases settle without a trial, but the strength of a settlement claim depends partly on whether the legal team is prepared to take the case further. Insurance companies evaluate the evidence, the damages, and the risk they would face if a lawsuit proceeds.
A board-certified civil trial attorney can prepare the case with that possibility in mind from the beginning. This may include preserving evidence, interviewing witnesses, documenting future losses, working with qualified professionals, and developing a clear account of how the injury changed the client’s life.
Board certification doesn’t guarantee a particular result. It does, however, help injured people identify attorneys who have met recognized standards in civil trial advocacy.
Our Truck Accident Results Speak For Themselves!
Dalton Truck Accident FAQs
Take these steps after an accident to ensure your well-being and protect your future claim for damages:
- Ensure Your Safety: Immediately after the accident, prioritize your safety and well-being. Seek medical attention for any injuries, regardless of how minor they may seem. Your health is the top priority.
- File a Police Report: Contact local law enforcement to report the accident. Having an official police report can provide crucial documentation for your case.
- Gather Evidence: While still at the scene, if possible, gather evidence to support your case. Take photographs of the vehicles involved, the surrounding area, and any visible injuries. Collect contact information from witnesses.
- Contact The McMahan Law Firm: Once you’ve addressed your immediate medical needs and gathered evidence, seek legal guidance from a knowledgeable truck accident lawyer as soon as possible. At The McMahan Law Firm, our experienced attorneys can guide you through the legal process, protect your rights, and help you pursue the compensation you deserve.
If you’ve been involved in a collision with a semi-truck, it’s in your best interest to consult with a lawyer, even if you’re unsure whether you have a case. An experienced attorney can evaluate your situation, explain your legal options, and provide personalized guidance based on the specifics of your case. They can also handle communication with insurance companies on your behalf, ensuring your rights are protected every step of the way.
When Your Insurance Company Calls: Avoid admitting fault or providing detailed statements about the accident without consulting your lawyer first.
When the Trucker’s Insurance Company Calls: To safeguard your rights, direct them to your attorney at The McMahan Law Firm for all communication. Insurance companies may try to use your statements against you to minimize their liability, so it’s best to let your attorney handle all communication to ensure your rights are protected.
The amount of compensation you may receive in a trucking accident settlement depends on various factors, including the severity of your injuries, the extent of property damage, and the impact on your life. Economic damages, such as medical expenses and lost wages, can be calculated based on tangible losses, while non-economic damages, such as pain and suffering, are more subjective and may vary depending on the circumstances of your case.
During your free case review, we can help you understand what your claim may be worth.
Collisions involving big trucks are often more severe than accidents between smaller vehicles due to the size and weight disparity. Commercial trucks can weigh up to 80,000 pounds or more, while the average passenger vehicle weighs around 4,000 pounds. This significant difference in size and weight increases the risk of catastrophic injuries and fatalities for occupants of smaller vehicles involved in truck accidents.
Our Dalton, GA, Truck Accident Attorney
Get in Touch for a Free Consultation With The Insiders
If you’ve been injured in a truck accident in Dalton, don’t wait to seek legal help. Contact The McMahan Law Firm today for a free consultation with Jay and Brent, experienced truck accident lawyers who can provide the knowledgeable guidance and representation you need to pursue justice and fair compensation. Let us help you navigate the complexities of your case and fight for justice.