At Jonathan R. Brockman, P.C., our Carrollton truck accident lawyers understand the trauma some people experience after an accident involving a commercial truck. A crash like that can result in chronic pain, expensive medical bills, and stress while pursuing compensation for the costs you incurred. Finding out that the driver or trucking company loaded the vehicle beyond weight and size limits is especially infuriating, knowing they could have taken steps to avoid the crash.
With 30 years of experience handling accident cases, you can count on Jonathan R. Brockman, P.C. to fight for the justice you deserve. We’re not afraid to stand up to intimidating insurance companies or large trucking companies and hold them liable for their wrongdoings. You likely required medical treatment to heal your injuries and shouldn’t be the one to pay those bills. Our Carrollton oversized/overloaded vehicle accident lawyers are ready to help you recover the maximum compensation you’re owed.
To find out more about the services we offer and how we can help you, call us at (770) 205-8827 for an initial free consultation.
Why Choose Jonathan R. Brockman, P.C.?
At Jonathan R. Brockman, P.C., we believe in holding people accountable for their negligent actions. The truck driver or trucking company failed to load the vehicle according to federal regulations and state laws, resulting in an accident. When you hire us, we can take on the responsibility of your case by investigating the crash and gathering evidence to prove someone else was at fault.
Some of the evidence we might need includes:
- Accident report
- Vehicle inspection logs from the truck driver
- Eyewitness statements
- Crash scene photos
- Trucking company’s hiring procedures
- Records from prior truck weight and size violations
- Truck driver’s employment and driving history
You might struggle to prove liability after a truck accident if you attempt to handle your case alone. You must contend with strict deadlines, confusing documents, and various state laws. If this is your first time working on an insurance claim or lawsuit, you could encounter roadblocks that you don’t know how to overcome.
That’s why it’s crucial that you seek legal representation immediately after the crash. Jonathan R. Brockman, P.C. is familiar with the legal process, and you have a much better chance of receiving the maximum available financial award than if you choose not to hire a lawyer.
Injuries Most Common After An Overloaded or Oversized Truck Accident
Collisions between large trucks and small cars often result in severe injuries to the smaller vehicle occupants. That’s because the weight and size difference between the vehicles is so significant that the force of the accidental impact can be violent. It can lead to catastrophic property damage and debilitating physical injuries. Victims can also suffer lifelong psychological damage from their traumatic experiences.
The most common injuries associated with truck accidents are:
- Fractured or broken bones
- Concussion and whiplash
- Traumatic brain injury
- Loss of limb
- Crush injuries
- Internal bleeding or damage
- Spinal cord injuries
- Permanent scarring or disfigurement
- Cuts and bruises
Even if you sustained a minor injury, you should have the opportunity to seek compensation for your medical bills and other costs. Someone else caused the accident and should be forced to pay.
Deciding Whether the Truck Driver or Trucking Company Should Be Held Liable
An overloaded or oversized commercial truck doesn’t happen by accident. Specific regulations are in place to prevent exceeding the weight and size limits so drivers don’t lose control of their vehicle during transport. Unfortunately, trucking companies might prioritize profits over safety and overload their vehicle fleet to complete deliveries on time or ahead of schedule.
Determining who’s at fault for the accident is a critical step during a case like this. You might assume the truck driver is to blame since they were operating the vehicle. However, their employer could be just as responsible for hiring an unqualified driver or failing to communicate the proper requirements for loading cargo.
The truck driver could be at fault if they:
- Knowingly loaded the vehicle beyond weight and size limits.
- Used insufficient securement systems.
- Drove recklessly, causing items to shift and cause uneven weight distribution on the trailer.
- Failed to weigh the truck before beginning the driving shift.
- Failed to stop at weigh stations along the driving route. This is only necessary for trucks weighing over 10,001 pounds.
The trucking company could be at fault if they:
- Hired an unlicensed or unqualified driver.
- Failed to perform a background check on prospective employees.
- Failed to provide adequate training.
- Intentionally instructed a driver to load their vehicle beyond the size and weight limits.
- Inadequately supervised employees during the cargo loading process.
The Carrollton oversized/overloaded vehicle accident lawyers of Jonathan R. Brockman, P.C. can investigate the cause of the crash to determine who should be financially responsible for your expenses and associated losses. It’s unfair that you were hurt in the accident due to another person’s decisions. You shouldn’t suffer the consequences of their actions; they should. We never back down from a fight and will aggressively pursue the compensation you need to heal your injuries and move forward with your life.
Possible Compensation In An Insurance Claim
The Georgia fault system holds a driver liable for another person’s injuries if that driver’s actions led to the accident. The Federal Motor Carrier Safety Administration requires trucking companies to purchase liability insurance for their drivers. The coverage listed on the policy depends on the vehicle’s weight and the type of cargo it’s carrying. These liability coverages are:
- Weight under 10,001 pounds
- Non-hazardous materials
- Weight above 10,000 pounds
- Non-hazardous cargo
- Oil and hazardous freight
- Other hazardous substances
Filing an insurance claim could compensate for your past and future losses, such as:
- Pain and suffering
- Loss of consortium
- Property damage
- Medical bills
- Mental anguish
- Lost wages
- Lost earning capacity
Jonathan R. Brockman, P.C. understands the importance of recovering an insurance settlement that sufficiently covers your total losses. You shouldn’t have to pay for anything out of pocket when the truck driver or trucking company was negligent in causing the crash. While we’re reviewing your case, we might consider some of these factors to determine the appropriate monetary value of your claim:
- Type of injury and how severe it is
- Amount of available liability insurance coverage
- Evidence found proving who was at fault
- Duration of necessary medical treatment
- Mental or emotional effects of the accident
- Total expenses associated with the case
- Estimated cost of possible future medical care needed
Our legal team will do everything in our power to try to get you the maximum settlement possible. We can investigate the accident, gather evidence, and negotiate with the insurance company. If they’re being unreasonable and refuse to provide a fair settlement, we have the resources to file a lawsuit and take them to court.
Filing A Lawsuit After A Truck Accident In Carrollton
Our Carrollton oversized/overloaded vehicle accident lawyers know how to achieve positive results for our clients. Whether we file an insurance claim or lawsuit will depend entirely on the circumstances of your case. We could begin with an insurance claim, and if the insurance company denies it, we could file a lawsuit to pursue the compensation you deserve. After reviewing your case, we will advise which legal option we believe would best reach your goals.
A statute of limitations is a timeframe for bringing legal action against another party. It is a strict deadline that you must follow. If it passes before you’re able to file your lawsuit, you could lose your right to financial compensation through the court system. Georgia has a two-year statute of limitations for accident cases. That means you have two years from the accident date to file a lawsuit. This might seem like plenty of time to prepare, but unforeseen obstacles could stand in your way and delay the progress. That’s why it’s vital that you hire Jonathan R. Brockman, P.C. immediately after the crash so we can begin to work on your case.
The modified comparative negligence rule could result in much lower compensation than you need to cover your losses. If a jury assigns you with less than 50% fault for the accident, they could reduce your compensation by that same percentage. For example, if you incurred $50,000 in expenses, but the jury determines you were 20% to blame for the injuries you suffered, you would only be entitled to a maximum of $40,000. However, if you were more than 50% at fault for the crash, you would be prohibited from pursuing any amount of compensation at all.
Jonathan R. Brockman, P.C. Can Help You Seek Justice
Our Carrollton oversized/overloaded vehicle accident lawyers have the experience and knowledge to reach the best possible outcome in your case. We use an aggressive approach while negotiating with insurance companies and battling against defense attorneys in court. Our goal is to recover full and fair compensation, so you’re not responsible for any medical bills and associated expenses. With us by your side, you can feel confident knowing your case is in capable hands.
If you were in an accident due to an oversized or overloaded commercial truck, do not hesitate to contact Jonathan R. Brockman, P.C. for a free consultation. Cases like this are complex, and we need to start working on yours immediately. Call us right now at (770) 205-8827.