When to Settle a Gwinnett County, GA Truck Accident Case

A truck accident in Gwinnett County, Georgia can leave you with severe injuries and a mountain of unexpected bills. You might anticipate that the at-fault driver’s insurance carrier will offer you an appropriate monetary sum that you can quickly receive.

Unfortunately, this is typically not the case. Insurance giants are notorious for offering an extremely low settlement offer, dragging out the claims process, and even denying your claim. 
The right truck accident lawyer in Gwinnett County can advise you throughout your claim, help you to determine whether or not to file a lawsuit, and ensure you’ll receive just compensation if you choose to settle your case.

What you should know about truck accidents in Gwinnett County

In Gwinnett County and throughout Georgia, commercial truck accidents frequently occur. In 2023 alone, over 50,000 reported accidents occurred in Georgia. Lack of training, driver error, congested traffic, and inclement weather increase the risks of these collisions.

Due to the sheer size and weight of commercial trucks, Gwinnett County truck accidents often cause more damage and significant injury than their standard vehicle counterparts.       

Common types of truck accidents

If any of the following caused your collision, you may have a valid claim to compensation.The truck driver’s insurer may offer you a settlement, but it’s important to factor in all present and future costs you may face as a result of your truck accident.

Imbalance or Overweight Cargo

A commercial truck carrying overweight cargo that exceeds regulations or with imbalanced weight can cause a driver to lose control and result in an accident.

Rollover

When a heavy commercial truck makes an abrupt lane change, a sharp turn, or is speeding, it can cause a rollover accident that results in severe, life-changing injury or even death.

Side Impact/ T-Bone Collision

A side impact, or “T-Bone”, collision is often the result of a truck driver merging into oncoming traffic due to blind spots.

Tire Blowouts

The Large Truck Crash Causation Study from the Federal Motor Carrier Safety Administration (FMCSA) found that a yearly average of 8,000 significant truck collisions are the result of tire blowouts.

Truck Jackknife

When a commercial truck loses control, speeds, or turns a corner too quickly, it can jackknife and hit your vehicle.  

How the insurance companies might treat your accident claim

Insurance giants have a fleet of seasoned attorneys with the sole purpose of finding ways to lowball or deny your claim. They may dispute your damages claims, attempt to prove that you hold modified negligence in your truck accident, or offer you compensation that doesn’t even begin to cover your losses.

PIP Coverage in Georgia

In Georgia, insurance companies are also notorious for refusing to pay out drivers’ PIP coverage. PIP (Personal Injury Protection) insurance coverage. PIP, also known as medical payments or Med-pay coverage, requires a driver to pay above a basic insurance policy to cover any medical payments that are the result of a truck accident. 

Trucking companies in Georgia are required to carry minimum coverage for their drivers that includes $100,000 per body injury per person. However, trucking company insurers may dispute the validity of your personal injury claim, and if a truck driver collides with you off-the-clock, they may not have PIP coverage.

Modified Comparative Negligence

The modified comparative negligence (also known as comparative fault) law in Georgia mandates that if you hold 50%-100% of the responsibility for your truck accident, you do not have a valid claim for compensation. 

Insurance companies might attempt to poke holes in your case and prove your comparative fault in order to deny your claim or settle your Gwinnett County truck accident case for a paltry amount.

Why you should hire a truck accident lawyer

An excellent truck accident lawyer in Gwinnett County is vital to the success of your case. When you hire the right attorney, they can advise you on the merits of your case, help you to determine your best legal steps, and use their resources to build the strongest case possible.

Truck accidents often include multiple liable parties. For example, a trucking company that does not adhere to safety standards, a cargo company that’s improperly loaded a truck, a manufacturer that installed faulty parts, and an at-fault driver may all hold liability in your accident.

The Scott Pryor Law Group has successfully litigated many truck accident cases in Gwinnett County that involve multiple party liability, and even secured multiple $1 million results for truck accident victims.

A truck accident lawyer will:

• Gather evidence to strengthen your case
• Calculate your damages to ensure you seek just compensation in your claim
• Conduct a thorough investigation of your accident
• Research history of violations of the liable parties
• Negotiate with the insurance companies
• File a personal injury lawsuit on your behalf
• Act as your representative in all meetings
• Fight for you in court if a settlement cannot be reached

It’s also important to consult a lawyer before accepting a settlement offer from an insurance company. You may be tempted to accept a quick, lump payment. However, once you’ve agreed to a settlement, you no longer have valid recourse for future compensation.  

When should you settle a truck accident case in Gwinnett County?

It’s vital that you consult the right lawyer for your truck accident case in Gwinnett County before you agree to terms with an insurance company. A lawyer can use their knowledge and experience to negotiate with the insurer and fight for your fair compensation. 

In rare cases, the insurance company may offer you the financial compensation you deserve and your attorney might advise you to settle. However, if an insurer refuses to budge, or punitive damages are warranted, you might choose to file a personal injury lawsuit against the liable parties in your case. 

Once you’ve filed a lawsuit, your lawyer will negotiate with the at-fault parties on your behalf. Personal injury cases rarely go to trial, but if a settlement cannot be reached, a trial date will be set and your truck accident lawyer will represent you before a judge and jury.

Steps before you settle your Gwinnett County truck accident claim

If you partner with a lawyer from The Scott Pryor Law Group for your Gwinnett County truck accident claim, you can expect the following steps to occur before a settlement is reached.

1. Case Preparation 

We’ll build your case in the first 30 days after you hire us. This will include ensuring all insurance claims are filed, a copy of your police report has been obtained, all documentation and video and photo evidence is collected, and you’ve filled out our case questionnaire.

2. Medical Treatment

Although you should seek medical treatment in the immediate aftermath of your truck accident, we’ll make sure that you’ve received a diagnosis, X-Rays, MRIs, CAT Scans, and any other necessary tests. 

If you need to schedule appointments for physical therapy or visit a specialist, this should occur as quickly as possible.

3. Collection and Documentation of Medical Records

In the first 60-90 days of your truck accident case, we’ll also collect documentation of all hospital visits and stays, surgeries, physical therapy, prescriptions, and other past and ongoing medical treatment related to your collision. 

4. Prepare and Send Compensatory Demand

We’ll prepare your compensatory request for both the economic damages (lost wages, medical bills, vehicle repair, and more) and non-economic damages (pain and suffering, emotional trauma, and more) related to your truck accident case.

5. Settlement Negotiations

Negotiations with insurance companies typically last between 30-90 days. Once we’ve sent your compensatory demand, negotiations will begin. This process includes reviewing settlement offers from the insurance companies and negotiations between your lawyer and insurer representative(s).

6. Settlement Decision

We’ll communicate all settlement offers and help you to determine whether or not to accept a settlement. Once you’ve agreed to a settlement, we’ll have you sign all necessary releases for the insurance companies. The insurer(s) will send your settlement check(s). 

We’ll verify your medical bill balance and ensure the amount is paid via your settlement. Our contingency fees will also be reduced from the settlement amount (and will only be paid once you’ve received your check). You’ll receive your remaining compensation and your case will be closed.

If you cannot reach agreeable terms with the insurance companies, a personal injury lawsuit will be filed.

Contact The Scott Pryor Law Group

At The Scott Pryor Law Group, we care about the trauma you’ve endured as a result of your Gwinnett County truck accident, and we’re dedicated to helping you, your family, and your loved ones heal and receive justice.

A successful outcome is never guaranteed, but we’ve recovered 7-figure settlements for many clients. You don’t have to try to settle your truck accident case on your own — we’re here to walk beside you every step of the way.

Schedule your free consultation with The Scott Pryor Law Group today.