In the days after a fatal truck accident, family members may find themselves speaking with police officers, insurance representatives, medical providers, and funeral homes all at once. Amid those responsibilities, many are still trying to understand how the crash happened and whether it could have been prevented.
If you have lost a loved one, we are sorry for your loss. At Jones & Swanson, a Marietta truck accident lawyer will help you understand your legal options. Families often feel like they have been dropped into a legal process they do not understand. We will help you make decisions that are right for you at every stage of the case.
For years, Jones & Swanson has served Georgia families with personal attention and responsive legal guidance. Our team has more than 50 years of combined experience and has recovered over $50 million in settlements for clients. Call us today to find out your next steps with our Marietta fatal truck accident lawyer during a free consultation.
A Hometown Firm That Treats You Like a Person, Not a File Number
Many families worry that their case will get lost in the shuffle at a large firm. Jones & Swanson takes a different approach. We are a smaller firm by choice, so we provide the kind of service many people feel is missing at big-box law firms that advertise on TV.
We know the Marietta community and take pride in being accessible. We return phone calls, respond to emails, and give clients the attention they deserve. Our team combines compassion and personal attention with the experience, resources, and diligence needed to handle complex wrongful death and catastrophic injury cases.
Helping Families Make Informed Decisions
We are proud to be hometown attorneys who stay connected to Marietta and the other communities we serve in Cobb County. Families often tell us they appreciate having a legal team that takes the time to explain what is happening instead of leaving them guessing.
We believe clients should understand their options, have their questions answered, and feel informed throughout the legal process. When you work with our Marietta personal injury lawyer, you will have a team that is committed to clear communication, responsive service, and thoughtful guidance from start to finish.
We understand that many people feel like they have been dropped into a legal process they do not fully understand. We will help you make informed decisions and feel confident about the choices you make for your family.
How Our Marietta Fatal Truck Accident Attorney Helps Families After a Loss
Grief alone is difficult enough, so the legal side of a commercial trucking accident that claimed someone’s life is often the last thing a family wants to think about. Even so, major decisions may need to be made in the weeks and months that follow.
Questions about insurance claims, trucking company involvement, legal deadlines, and potential damages can arise long before a family feels ready to address them. A Jones & Swanson wrongful death lawyer in Marietta will serve as a source of guidance during that process.
Working on your Marietta fatal trucking accident case may mean:
Investigating the Cause of the Truck Crash
Our legal team will gather evidence and work to determine how the collision occurred and why. We will also examine whether the trucking company, driver, or other parties violated safety regulations enforced by the Federal Motor Carrier Safety Administration.
Our investigation may include reviewing photographs, police reports, witness statements, maintenance records, company documents, electronic truck data, and information from the vehicle’s event data recorder, often called a black box.
Identifying Everyone Who May Be Responsible
Truck accident cases frequently involve more than one liable party. Depending on the circumstances, responsibility may extend beyond the truck driver. We will find everyone who may owe your family damages.
Calculating Damages
Fatal truck accident cases may involve significant financial and personal losses. Our personal injury attorney team will evaluate the damages available under Georgia law and how the loss has affected surviving family members.
We also consult with expert witnesses when their knowledge can help us better understand and present the full scope of the loss.
Handling Talks With the Insurance Company
Insurance companies often begin investigating shortly after a fatal collision. A Jones & Swanson attorney will communicate with insurers on your behalf and help protect your family’s interests throughout the claims process.
Preparing for Litigation if Necessary
Some cases are settled before they reach a courtroom. If we have to file a lawsuit, we will continue working on your case and keep you informed about what comes next.
We will handle your case on a contingency fee basis. We will work on your case without upfront fees, and we recover payment for our services only if we recover your losses. Call us today to discuss the accident and learn about how we will help you.
Steps to Take After Losing a Loved One in a Truck Accident
Families often feel overwhelmed by the number of decisions that must be made after a loved one dies unexpectedly. If possible, keep copies of medical records, police reports, photographs, insurance correspondence, and any documents related to the crash.
Avoid discussing the case with insurance representatives before obtaining legal guidance.
Our fatal truck collision lawyer in Marietta will review the situation, explain what information may be helpful, and help protect evidence that could become important later. Taking action sooner makes it easier to preserve records and investigate what happened.
Who May Be Responsible for Fatal Injuries in a Trucking Crash?
Families are often surprised to learn that fatal truck accident cases can involve several potentially responsible parties.
Unlike a typical passenger vehicle collision, commercial trucking cases may require an investigation into:
- The driver
- The trucking company
- Maintenance records
- Cargo loaders
- Other third parties, such as a motorist, pedestrian, or motorcyclist
Our investigation may also examine whether another motorist’s actions played a role in the events leading up to the crash. The facts of each case we handle are different. A careful review of the evidence may reveal that multiple people or companies contributed to the events that led to the collision.
How Wrongful Death Cases Work in Georgia
Georgia law may allow certain family members to bring a wrongful death lawsuit after a fatal truck accident. These cases help families seek damages when another person’s negligence leads to the loss of a loved one.
This action, also called a wrongful death claim, is separate from any criminal case connected to the crash. Its purpose is to address the losses suffered by surviving family members under Georgia law.
Who May File a Truck Accident Wrongful Death Claim?
Georgia law establishes who has the right to file. Typically, the surviving spouse has the first right to file.
If there is no surviving spouse, the right may pass to the deceased person’s children. If there is no spouse or child, the right may belong to the deceased person’s parents or the representative of the estate.
In some situations, the personal representative of the estate may also pursue claims on behalf of the estate itself. The facts of the case can affect who has the legal authority to move forward with a claim. The circumstances can affect who has the legal authority to pursue the claim.
Wrongful Death Claims and Estate Claims are Not Always the Same
Families are often surprised to learn that more than one claim may arise after a fatal truck accident. A wrongful death claim generally seeks damages related to the value of the life that was lost.
An estate claim may seek damages related to losses incurred before death, such as medical expenses, funeral costs, and the pain and suffering experienced by the deceased.
A Jones & Swanson wrongful death truck accident lawyer in Marietta will explain which claims may apply and who has the right to pursue them.
Wrongful Death Damages Available Under Georgia Law
Depending on the circumstances, Georgia law may allow surviving family members to pursue a claim for wrongful death damages. In some situations, additional claims may also be available through the deceased person’s estate.
Potential economic and non-economic damages related to the loss of a loved one may include:
Medical Expenses
Families are sometimes left with major medical expenses when a loved one receives treatment before passing away. We will consult with medical experts to better understand the injuries involved and evaluate the medical costs connected to the claim.
Funeral and Burial Costs
Funeral and burial expenses can place an unexpected financial burden on surviving family members.
Lost Income and Financial Support
The loss of a wage earner may affect a family’s financial stability for years.
Loss of Services
Many families lose valuable household support, care, guidance, and assistance that their loved one provided every day.
No legal claim can replace a loved one. Many families pursue legal action because they want accountability, answers, and financial stability after a devastating loss.
Are Punitive Damages Available After a Fatal Truck Accident?
In some fatal truck accident cases, Georgia law may allow punitive damages. These damages are different from wrongful death damages and are not available in every case.
Punitive damages penalize behavior that is more than a simple mistake. For example, a court may consider them if a driver was impaired or when a company knowingly ignored safety requirements.
The purpose is to address especially dangerous behavior and discourage similar conduct in the future. A Jones & Swanson attorney will review the crash and explain whether punitive damages are available in your case.
Serious Injuries in Fatal Truck Accident Claims
Examples of injuries commonly associated with fatal truck crashes include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Severe internal injuries
- Crush injuries
- Multiple fractures
- Severe burns
- Organ damage
- Neck injuries
- Back injuries
- Catastrophic blood loss
These injuries frequently require extensive medical care and may leave families facing medical bills and other financial obligations before a loved one dies.
How Deadly Truck Crashes Can Happen on Marietta’s Roads
Commercial trucks travel through Marietta on major roads and highways every day. Their size and weight create unique dangers when something goes wrong.
Common causes of fatal truck crashes include:
Driver Fatigue
Long hours behind the wheel can reduce reaction times and affect judgment.
Distracted Driving
Looking at a phone, GPS device, dispatch system, or other distraction can take a driver’s attention away from the road.
Speeding
Large trucks require a long distance to stop safely. Excessive speed increases the risk of devastating collisions.
Poor Vehicle Maintenance
Worn brakes, tire failures, steering problems, and other mechanical failure issues can contribute to deadly crashes.
Improper Cargo Securement
Improper cargo loading practices can affect vehicle stability and increase the risk of serious accidents.
Aggressive Driving
Unsafe passing, tailgating, and sudden lane changes may place nearby motorists at risk.
Any of these can cause jackknife accidents, rear-end collisions, head-on collisions, and other serious crashes that may lead to the loss of life.
How Long Do You Have to File a Fatal Truck Accident Lawsuit in Georgia?
Georgia law places time limits on personal injury and wrongful death claims.
Under Georgia Code § 9-3-33, most personal injury lawsuits and wrongful death lawsuits must be filed within two years. The statute of limitations deadline may depend on the specific facts of the case. Certain circumstances can affect how the filing period is calculated.
Waiting too long to pursue damages can end your chances of filing a lawsuit. Speaking with a trial attorney from the Jones & Swanson team early allows important evidence to be preserved and deadlines to be evaluated.
Speak With Our Marietta Fatal Truck Accident Lawyer About the Crash
Families often spend the first days after a fatal truck crash trying to understand what happened. The answers are not always easy to find, but Jones & Swanson is here to provide clear information, answer questions, and help you make informed decisions about your case.
You should never feel like you are facing insurance companies, trucking companies, or legal paperwork on your own. As a smaller firm, we provide the personal attention many families are looking for after a devastating loss. Our clients can reach us, and we return phone calls, respond to emails, and keep people informed about their case.
If your family has lost a loved one in a truck crash, we are sorry for your loss. Our fatal truck accident lawyer in Marietta will explain your options. Call us today for a free consultation.
