FAQs

In speaking with our clients over the years, we have assembled a list of frequently asked questions that often arise when someone is injured or killed in an accident. We have tried to present and answer these questions in an easy-to-understand format.

While we encourage you to browse out website, there is never a substitute for a one-on-one consultation with an attorney at Fried Rogers Goldberg LLC. If you would like a free consultation with an attorney or have a question about a truck accident, please feel free to contact us.

Select a question to see the answer:

 

Will you keep me updated on the status of my case?

Yes. We try to speak with our clients on a weekly basis about their case. We also send you copies of any relevant documents filed with the court so you can see how your case is progressing.

Will we have to go to trial on my case?

Chances are that your case will be settled out of court, but we firmly believe that you must be willing to try any case that is filed. We are always preparing each case for trial and tell our clients that they must be willing to go to trial if the defendants are unwilling to make a reasonable offer. Our job is to make the defendants offer the highest amount prior to trial and then you must decide if it is enough.

Will I be able to speak with you if I have a question about my case?

Absolutely. We are always just one phone call away. We pride ourselves on being accessible to our clients and strive to return all phone messages the same day.

Who can be sued in a trucking accident lawsuit?

Any person, company, or entity that was at fault for causing the accident can be held liable for damages. Possible truck accident defendants include:

  • The truck driver
  • The trucking company
  • The owner of the trailer
  • The shipper
  • The manufacturer of a defective product (tires, brakes, etc.), and/or any other person or entity responsible in any way for the accident.

Contact us today for a free consultation with one of our truck accident attorneys.

When do I need to hire a lawyer after a trucking accident?

You need to hire a lawyer as soon as possible after an accident to make sure that evidence is preserved and is not destroyed. Physical evidence at the scene such as skid marks, yaw marks and scuffs begin to disappear within hours after an accident. An accident reconstructionist needs to be called to the scene to preserve and document this evidence. The trucking company is allowed to destroy relevant documents such as electronic messages within days of the accident if a spoliation letter is not sent to them demanding that they preserve and not alter this evidence. Without an attorney on your side, your case can be lost before it even begins.

Contact us today for a free consultation with one of our truck accident attorneys.

What state and federal regulations govern truck drivers?

There are numerous state and federal regulations that all motor carriers are required to follow. Our book, Understanding Motor Carrier Claims, summarizes the federal trucking regulations. These areas include:

Contact us today for a free consultation with one of our truck accident attorneys.

What makes your firm different from other firms?

We are trucking attorneys. We focus our practice on handling trucking cases and understand the importance of the state and federal regulations governing trucking companies. Many firms will sign up a trucking case even though they do not have the experience or knowledge to handle it. Ultimately, these firms treat the case like a regular automobile accident collision and force the client to settle the case at way below value. We know how to maximize the value of trucking cases. You can take comfort in knowing that your case will be handled professionally and that the end result will meet your expectations. Every trucking case needs a trucking attorney. 

Contact us today for a free consultation with one of our truck accident attorneys.

What is the value of my case?

Each case is different and must be evaluated on the specific facts of the case. In order to evaluate your claim, we begin with the amount of past and future medical expenses and the amount of past and future lost wages related to the injuries suffered in the accident. However, there are several intangible elements that make up a claim that can only be determined on a case-by-case basis.

What if I have a problem unrelated to my case?

Call us. Our clients are clients for life. We want to help you with any legal problem even if it is unrelated to your injury. If we cannot help you, we will find someone who can.

What happens if your firm decides not to take my case?

There are several reasons why we may choose not to take your case. It may be that we do not believe that you will prevail at trial, or it may be that it does not make financial sense for us to represent you. We are always up front and honest with you about your case. We can also refer you to another lawyer for a second opinion.

What damages can be recovered in a truck accident lawsuit?

Truck accident victims may be entitled to compensation for any physical, emotional or financial losses suffered in an accident. Victims are entitled to compensation for:

  • Medical expenses
  • Property damage
  • Lost income
  • Diminished earning capacity
  • Emotional distress
  • Pain and suffering

In assessing and presenting your accident claim, our skilled attorneys will consider all aspects of your resulting harm and loss. We will fight to ensure you receive fair compensation for you injuries. Contact us today for a free consultation with one of our truck accident attorneys.

What are the costs to retain your firm to represent me?

Nothing. We work strictly on a contingency fee basis. Our fee agreement specifically states that you owe us nothing unless we make a recovery on your behalf. If there is no recovery, you do not owe us anything.

What are some of the dangers associated with trucks?

Semi-tractor trailers have certain limitations that other occupants of the road must be aware of. Truck limitations include:

  • Blind spots. Many semi truck or tractor-trailer accidents are caused by blind spots, or “no zones.” When another vehicle is in one of these areas (typically located in the immediate front, back and on either side of the trailer), the truck driver is usually unable to see it. All too often, a truck turns into a passing vehicle, causing a serious accident.
  • Wide turns. Trucks need to swing wide to the left in order to perform a right turn. When a truck makes a wide turn, the driver is often not able to see smaller vehicles directly behind or beside his truck. Similarly, a truck’s trailer often has the tendency to sway into other lanes when traveling at a high speed.
  • Stopping distance. Trucks require a greater stopping distance than other vehicles. When a truck does not have the stopping distance required, a rear-end collision may occur.

Contact us today for a free consultation with one of our truck accident attorneys.

What are some common causes of trucking accidents?

Trucking accidents are caused by a variety of reasons. More often than is acceptable, truck companies try to cut expenses by cutting down on safety. This results in many unsafe trucks. Other common causes of semi truck/tractor-trailer collisions include:

  • Aggressive or reckless driving
  • Failure to install blind-spot mirrors
  • Defective brakes
  • Bald tires
  • Unsteady loads
  • Drugs or alcohol
  • Sleep deprivation

Contact us today for a free consultation with one of our truck accident attorneys.

Is there a difference between car and truck accident lawsuits?

Absolutely. At Fried Rogers Goldberg LLC, we believe that the biggest mistake an attorney can make is to treat a trucking claim like a typical automobile accident claim. There are a host of unique federal regulations applicable to commercial vehicles. In an effort to explain these complexities, we published Understanding Motor Carrier Claims, a comprehensive resource used by attorneys nationwide.

Contact one of our trucking attorneys for a free consultation.

How much will it cost for your firm to make an initial review of my case?

Nothing. When you contact our law firm in Atlanta, Georgia, you incur absolutely no cost to have our lawyers talk with you and make an initial evaluation of your case. We will investigate your case and retain the appropriate medical or other professional experts to determine if you have a viable claim. We are responsible for any costs associated with the initial review of your case regardless of the outcome of our investigation. If we decide to take your case, we will provide you with a written employment agreement outlining the terms of our representation.

How long will my case take to resolve?

It depends entirely on the defendants. We are always preparing to take a case to trial. In doing so, we often are stopped by the defendants who want to attempt a settlement of the case or take the case to mediation because they know that based on our thorough preparation of the case, we are ready to take the case all the way to trial. We usually settle over 90% of our cases and believe our success rate is so high due to the fact that the opposing side realizes that we will be ready to try the case if it is not settled.

How long after an accident do I have before I need to file a lawsuit?

Each case is different and must be evaluated on the facts of the case. In certain situations, notices or filings must be made with a governmental entity within a few months of the incident to preserve the right to later file a claim. In general, Georgia law has a two-year statute of limitations on personal injury actions. To best protect your rights, it is important to contact an attorney as soon as possible to make sure that you do not miss any deadlines imposed by the law.

Am I in charge of whether or not to settle a case?

Absolutely. The claim is yours, and you have the ultimate decision in deciding whether to accept an offer. We provide guidance and counsel as to the amount we have seen these kinds of cases go for in the past, but you must make the determination on whether to settle the case. We will not pressure you to take an offer, and if you decide to reject settlement as an option, we will vigorously prepare the case for trial.