If you get into a truck accident in Georgia, you could be eligible for compensation to cover your injuries and damages. However, your insurance company or the defendant will search for any possible reason to reduce the value of your claim or deny it altogether. Here are the pieces of evidence you need for a trucking accident.
Evidence of liability
You need evidence of liability to prove who was at fault for the accident. You must show to the court that the other driver breached the duty of care they owe you on the road; for example, they broke the speed limit, used their phone while driving or drove under the influence of a drug or alcohol. The evidence you need to prove liability could include witness statements, police reports, surveillance or dashcam recordings, photos and videos.
Motor vehicle accidents can also result from things you can’t spot at the scene, such as negligent maintenance or training practices. Thus, you may need to get an expert witness to get more evidence to build your case.
Evidence of damages
To get the compensation you deserve, you must show the court the extent of injuries and damages you have suffered due to the accident. Damages can come in many forms, including emotional distress, inconvenience, lost income, medical costs, mental anguish, vehicle repair costs, etc. Consequently, the pieces of evidence you should gather include lost wages documentation, photos or videos of your injuries, medical records and bills. You may also need to quantify damages like pain and suffering or mental anguish.
Statute of limitations
Don’t wait too long to file a lawsuit against the responsible driver. In Georgia, you have up to two years from the date the accident occurred to file a claim, but there are exceptions. They include:
- If you were legally incompetent to file on time because you experienced a mental disability when the accident occurred
- If you were under the age of 18 when you got into a trucking accident
- If a unique situation made it impossible for you to gather evidence on time
Regardless of your situation, gather all the evidence you need for maximum compensation. The other driver or insurance company will likely come well prepared for the lawsuit, so you need to do your part to prove your claim.