Did you get hurt in a rollover truck accident? Did someone’s negligent actions cause the crash? If so, Jonathan R. Brockman, P.C. can help you file an insurance claim or lawsuit and get the compensation you need to move on with your life.
We will investigate and gather evidence that proves the truck driver or trucking company should be liable for your injuries. If they bear responsibility for the accident, you are entitled to financial compensation.
Rollover accidents are often the result of driver error or distraction. When the truck driver is not paying attention to what they’re doing or makes an error behind the wheel, they can collide with another vehicle or stationary object and tip over. Collisions like this typically cause severe injuries and death.
The Carrollton truck accident lawyers from Jonathan R. Brockman, P.C. have been assisting clients with their legal cases for more than 30 years. We will help you fight for the justice you deserve. Call us at (770) 205-8827 to schedule a free consultation.
Types of Trucks Involved in Rollover Accidents
Commercial trucks come in many shapes and sizes. The drivers are responsible for transporting cargo within the state or across the country. Some have a flatbed on the back to carry large items like logs, while others have an enclosed compartment to store consumer goods. Any truck could become involved in a rollover accident because of the high center of gravity that makes large vehicles particularly susceptible to this type of crash.
If you have ever driven in Carrollton or the surrounding areas, you likely encountered one of these vehicles. They are large, can weigh up to 80,000 pounds, and contain various materials, some hazardous. When a crash occurs, the occupants of the smaller vehicle often suffer the most.
When a large truck rolls over, it can easily crush nearby vehicles and result in an immense pileup accident. It’s a dangerous situation that often requires extensive medical treatment for recovery.
Common Injuries Sustained in Rollover Truck Accidents
There is no contest between a tractor-trailer and a compact car. In an accident with a truck, the passengers of the compact car typically suffer more severe injuries than the truck driver. In many situations, the crash results in death.
The most common injuries rollover accident victims sustain include:
- Spinal cord injuries
- Broken or fractured bones
- Mental or emotional trauma
- Concussion or traumatic brain injury
- Bruises, lacerations, and soft-tissue injury
- Internal injuries
Jonathan R. Brockman, P.C. understands the physical, emotional, and financial strain a rollover crash can cause. You’re likely attending doctor’s appointments to recover, you may not be able to return to your job, and you may have physical limitations that prevent you from enjoying your life. It’s an overwhelming experience for everyone involved.
When you can’t take care of yourself or your family, it takes a toll on your happiness. Our Carrollton rollover truck accident lawyers will create a plan that holds the at-fault party accountable for their actions and gets you the monetary award you need to pay for your expenses.
Follow These Steps After a Rollover Truck Accident
When you are planning to pursue compensation in an insurance claim or lawsuit, there are different steps you should take following the crash. If possible, the process should begin at the accident scene. You should acquire as much evidence as you can find so our attorneys can help you prove the truck driver or their employer was at fault.
- Step 1 – Call 911. Georgia law requires anyone involved in an accident to report it to local law enforcement if there’s an injury, fatality, or property damage over $500. If an officer arrives to perform an investigation, they will write a crash report and submit it to the appropriate department on your behalf.
- Step 2 – If it’s safe to get out of your vehicle and walk around, then try to inspect the area. Take photos of the vehicle damage and anything relevant to the crash.
- Step 3 – Ask the truck driver for their name, insurance information, and the trucking company’s name.
- Step 4 – If there are bystanders, ask them if they saw what happened. Write down their names and phone numbers so they can provide witness statements.
- Step 5 – Seek medical attention right away. It’s never a good idea to wait too long. Even if you believe your injury is minor, you could potentially recover some compensation from the at-fault party’s insurance company. Continue treating until your injuries heal.
- Step 6 – Get an estimate of the damage to your car. The report is useful in determining your costs from the rollover accident.
- Step 7 – Hire a Carrollton rollover truck accident lawyer. We will take over your case and complete each step of the legal process so you can focus on recovering.
Proving Negligence in a Rollover Accident Case
Negligence is a common legal theory used in personal injury cases. It refers to someone’s failure to provide a reasonable degree of care that caused another person’s injuries. To prove negligence, you must show the following elements exist:
- Duty – The at-fault party owed you a reasonable duty of care to prevent harm
- Breach of duty – They breached their duty by acting or not acting in a certain way
- Cause in fact – If it weren’t for their breach of duty, you would not have sustained injuries
- Proximate cause – Their actions were the direct cause of your injuries
- Damages – You suffered damages from the incident
The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers and trucking companies to follow specific regulations to ensure everyone’s safety. Negligent actions from either party carry legal ramifications. If either the driver or company did something that directly led to the accident and your injuries, you could file an injury claim or sue for compensation.
Some regulations set by the FMCSA include:
- All drivers must hold a valid commercial driver’s license
- The commercial truck’s gross weight cannot exceed 80,000 pounds
- Cargo securement systems should not contain defects or damage
- Trucking companies must provide drivers with adequate training and supervision
- Drivers should maintain driving logs
- Routine maintenance, inspection, and repairs are necessary on the vehicle fleet
- Drivers should always adhere to hours-of-service regulations
- Cargo should not exceed the size and weight limits
- Drivers must have the ability to read and speak English at a level to communicate with others, understand traffic signs, and write driver logs
Even though the trucker was the one driving the vehicle, their employer could be just as responsible for your accident. They must perform thorough background checks on all new employees to ensure they have a valid license, experience operating a large truck, and don’t have a careless driving history. Negligence commonly leads to rollover crashes, and it’s your right to hold the driver or trucking company accountable for their mistakes.
Compensation You Could Be Entitled to After a Rollover Truck Accident
Whether you choose to file a claim or lawsuit, there are multiple damages you can pursue. Damages are the total losses suffered as a result of an accident or injury. There are two main types: economic and non-economic.
Economic damages refer to monetary losses, such as:
- Medical bills
- Property damage
- Out-of-pocket costs
- Lost income and benefits
- Lost earning capacity
Non-economic damages are intangible losses, such as:
- Emotional distress
- Pain and suffering
- Loss of consortium
Punitive damages may also be available, but only in a lawsuit. Instead of compensating someone for their losses, these damages punish the at-fault party and are meant to deter similar misconduct. To convince a jury that you deserve punitive damages after your rollover accident, you must provide evidence that the defendant acted with oppression, fraud, malice, willful misconduct, wantonness, or indifference towards consequences.
Laws Associated with Lawsuits in Georgia
There’s a strict deadline you must follow if you want to file a lawsuit in Georgia. It’s called a statute of limitations. The statute of limitations is two years for motor vehicle crashes. That means if you were the victim of a rollover truck accident, you only have two years from that date to sue the truck driver or trucking company for compensation. The judge will likely dismiss your case if you attempt to file after the two-year deadline passes.
There is also a modified comparative fault rule that could affect how much compensation you’re entitled to receive. Under this rule, your total damages decrease by the percentage of fault you shared for the accident. For example, if your damages equal $100,000 but you were 20 percent to blame, you could only pursue a maximum of $80,000. However, if you are 50 percent or more at fault, you would be barred from recovering damages.
Jonathan R. Brockman, P.C. Will Help You Fight for Justice
Our Carrollton rollover truck accident lawyers are ready to assist you with your case and hold the truck driver liable for the suffering you endured. You have been through significant physical and emotional pain, and all you want is to move forward with your life. We will work diligently to create an effective plan that reaches a favorable outcome.
At Jonathan R. Brockman, P.C., we have a dedicated legal team that will focus on your needs. We use a personalized approach in each case, so our clients get the one-on-one attention they deserve.
Call us at (770) 205-8827 if you were the victim of a rollover collision. Our Carrollton rollover truck accident lawyers will help you get back on your feet.