Commercial trucks are heavy vehicles that can weigh up to 80,000 pounds. They’re much larger than passenger cars. If they collide with a smaller vehicle, there will likely be severe injuries and expensive property damage. That’s why truck drivers have a legal responsibility to operate their rigs safely.
When they fail to do so, you have the right to demand financial compensation for their reckless behavior. If you were the victim of a truck accident in Cumming, contact a lawyer to help you pursue the damages you’re owed.
Jonathan R. Brockman, P.C. is ready to start today. Our Cumming truck accident lawyers believe in providing dependable services that our clients can depend on. You deserve to seek just compensation for the pain that the truck driver caused. Call us today at 770-205-8827 and schedule your free consultation with us.
Why Do You Need a Cumming Truck Accident Attorney?
Truck accidents are not like car accidents. Most operators of passenger cars don’t have teams of lawyers and insurers at their disposal, ready to protect them at a moment’s notice. A truck driver working for a trucking company does. These entities spring into action the second an accident takes place. Their goal is to protect the trucking company and mitigate its financial responsibility.
If you are the victim of a serious trucking accident, you stand alone against an army of insurers and lawyers whose job it is to get you to settle for less than you potentially deserve. That is why you need someone in your corner. You need someone who is willing to fight for you, protect your rights, and obtain the compensation you are entitled to receive.
The fact of the matter is that large trucks are complicated machines. Investigating the cause of a significant trucking accident can be complicated and time-consuming. There may be numerous factors to consider and mountains of potential evidence to sift through. Gaining access to this evidence before it is lost or destroyed is not always easy. Trucking companies may be hesitant to turn over a truck’s “black box” data recorder, safety inspection records, or the driver’s employment record. Examining these materials may be crucial to getting to the bottom of what happened and who was at fault.
Before you get steam-rolled by the corporate machine working on behalf of the trucking company, get your own legal representation. Contact the Cumming legal team at Jonathan R. Brockman, P.C.. We will investigate the accident and work aggressively toward negotiating a fair settlement for you. Don’t fall for intimidation tactics. Protect your legal rights after an accident and get in touch with Jonathan R. Brockman, P.C. by calling 770-205-8827.
Why Hire Jonathan R. Brockman, P.C.?
There are several Cumming attorneys that you can choose from to represent you after a truck accident. What sets Jonathan R. Brockman, P.C. apart is our commitment to you, the victim. We offer clients a compassionate shoulder to lean on during this traumatic time while also aggressively pursuing maximum compensation for their situation. Although the process can be complicated, we are always transparent and open when communicating with you, so you understand the process and know what is happening every step of the way.
For over 30 years, we have been helping Georgia accident victims pursue the compensation that they deserve. Results matter, and so far, we have recovered millions of dollars in compensation for our clients. Clients just like you. If you want to see what sets us apart from other firms, call us today to schedule a consultation. The case evaluation is free, and you will get the chance to see what makes us uniquely qualified to represent you.
Commercial Trucks in Cumming
Our roads see plenty of traffic. The types of large commercial vehicles that cause collisions in Cumming include:
- 18-wheelers
- Tractor-trailers
- Tanker trucks
- Dump trucks
- Firetrucks
- Heavy haulers
- Box trucks
- Delivery trucks
- Garbage trucks
- Flatbed trucks
Requirements for Trucking Employees
Commercial truck drivers must comply with various federal and state regulations. These regulations are supposed to ensure that they drive safely and don’t harm other motorists on the road. They include vehicle size and weight requirements, maximum service hours, training, maintenance, and many other rules.
Some examples of guidelines trucking employees must follow include:
- Holding a valid commercial driver’s license
- Being at least 18 years old to drive in Georgia and at least 21 years of age to drive out of state
- Keeping their driving shift below 11 consecutive hours after 10 hours off duty
- Being able to read, write, and speak English well enough to communicate with others, understand traffic signs, and keep adequate driving logs
- Refraining from consuming alcohol or drugs before and during a driving shift
- Having the physical ability to operate a commercial truck
- Passing tests and certifications
- Taking at least a 30-minute break after an 8-hour driving shift
- Working no more than 70 hours in 7 days or 80 hours in 8 days
- Reporting all vehicle damage, crashes, injuries, and other problems to the trucking company
- Performing routine maintenance on the truck
Trucking companies must also comply with certain regulations, including:
- Performing thorough background checks on all new employees
- Using adequate securement systems for loading cargo
- Providing training for all drivers
- Performing necessary maintenance, inspection, and repairs on truck fleet
- Staying within cargo weight and length limits
- Performing random drug tests on all truck drivers
- Ensuring all drivers follow hours of service rules
Reasons Truck Accidents Happen
Maneuvering a large truck is challenging. Truck drivers must go through training programs and pass tests to obtain a commercial driver’s license.
They have to know federal and state regulations and follow them at all times. If they drive for more hours than they’re supposed to or load cargo incorrectly, they could cause a severe accident.
The most common causes of commercial vehicle crashes include:
- Securing cargo improperly
- Overloading cargo
- Speeding
- Tailgating
- Failing to check blind spots
- Failing to perform maintenance and repairs
- Succumbing to distractions, such as texting while driving
- Taking turns to fast
- Installing or failing to remove defective truck parts
- Hiring inexperienced or unqualified drivers
- Truck driver fatigue
- Rollovers
- Driving under the influence of alcohol or drugs
- Trucking company negligence
Whether the trucking company or driver was at fault for a crash, the victims they injured deserve a monetary award for their suffering.
At Jonathan R. Brockman, P.C., our Cumming truck accident attorneys use experience and resources to pursue the maximum compensation available. We’ll aggressively fight against the negligent party that caused your injuries to win a settlement for your expenses.
Injuries Associated with Truck Accidents
Large trucks can cause traumatic and even catastrophic injuries. Some trucks can weigh as much as 80,000 pounds. When a vehicle of that size and weight collides with a 3,000-pound passenger vehicle, the results can be nothing short of devastating. The victims who survive these types of significant accidents may face an uphill battle trying to regain their health and some semblance of a “normal” quality of life.
In addition to the serious physical toll that trucks accidents can take on the human body, the emotional impact can be just as significant. Many victims experience anxiety or emotional distress and may develop post-traumatic stress symptoms because of the psychological trauma of the crash.
The range of physical and emotional injuries that a victim may suffer as a result of a significant truck accident is vast. Some of the most common injuries reported tend to be:
- Traumatic brain injury
- Concussion
- Paralysis
- Other head and neck injuries
- Amputation
- Facial injuries
- Broken bones
- Internal organ damage
- Internal bleeding
- Physical burns
- Chemical burns
- Chemical exposure
- Lacerations
- Contusions
- Wrongful death
The medical costs associated with treating serious truck accident injuries can be enormous. Mountains of medical bills may threaten a victim’s financial stability. If they are temporarily or permanently removed from the workforce because of their injuries, their financial situation can become even more dire. That is why it is vital to contact an experienced Cumming truck accident attorney after a crash.
Victims deserve full and fair compensation, compensation that will help cover their extensive medical bills and put them back on track. The team at Jonathan R. Brockman, P.C. can help you estimate the value of your claim and negotiate on your behalf for the money you need to recover.
Determining Who’s Liable After a Truck Accident
Different parties could be liable for the accident that caused your injuries. Truck crashes are complicated, so determining fault can be too.
That’s why hiring an experienced lawyer is crucial. We know how to investigate a crash thoroughly to determine who was at fault. We’ll know who to file against and whether to file an insurance claim or lawsuit.
Any of the following parties could be responsible:
- Truck driver
- Trucking company
- Owner of the cab or trailer
- Cargo loading company
- Maintenance and repairs company
- Vehicle parts manufacturer
Attorneys for truck accident cases often use the legal theory of negligence to seek compensation. Under this theory, a person who causes harm to someone else becomes legally liable.
There are four elements your lawyer must prove existed to recover compensation:
- Duty: The at-fault party owed you a legal duty to act as a reasonable person would under similar circumstances to prevent harm;
- Breach of duty: They breached their duty of care;
- Causation: Your injuries were the direct result of the at-fault party’s breach; and
- Damages: You sustained injuries that require compensation.
Our Cumming truck accident lawyers know how to prove negligence in a case like yours. We have resources to locate the evidence that shows the truck driver or their employer caused the crash and your injuries. We’ll protect your rights and aggressively pursue the maximum compensation you deserve.
Seeking Compensation for Damages
Business owners purchase general liability policies, and truck drivers carry auto insurance policies that compensate accident victims for their damages. Your lawyers will seek compensation from these policies.
There are two main types of damages: economic, which are expenses, and non-economic, which are physical and emotional suffering.
Examples of damages you might be entitled to include:
- Past and future medical costs
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Car repairs or replacement
- Diminished quality of life
Since economic damages include all expenses associated with an accident, your attorney and the insurance adjuster will add them up to calculate the total compensation the victim needs.
Non-economic damages are a bit trickier. Putting a price tag on someone’s emotional trauma is difficult. To find the appropriate value, we’ll review the following factors:
- Type of injury and how severe it is
- Length of time spent recovering
- Total hours and lost wages due to inability to work
- Impairment or disability resulting from the injury
- Total economic damages incurred
- Availability of sufficient evidence proving fault
- Liability coverage listed on the at-fault party’s insurance policy
- Daily life disruptions, such as canceled vacations and inability to care for children
Damages Available in a Civil Lawsuit
You can seek economic and non-economic damages through insurance claims, but you can also pursue them in a lawsuit. In order to do so, you must follow a deadline if you want to sue the truck driver or another party for compensation.
It’s known as a statute of limitations. The statute of limitations for motor vehicle accidents in Georgia is two years. That means you’ll have two years from the crash date to pursue legal action.
You may also be able to seek punitive damages under particular circumstances. If you can provide clear and convincing evidence that the at-fault party’s actions showed malice, willful misconduct, gross negligence, or fraud, a jury might award punitive damages. For example, if the truck driver was driving under the influence of alcohol, that might be considered an act of gross negligence.
Modified Comparative Negligence’s Impact on Your Compensation
Georgia follows a traditional fault system for car accidents. That means the person who caused it automatically becomes financially responsible for resulting injuries and damages. The state also uses a modified comparative negligence rule that could reduce the injured victim’s maximum compensation.
To clarify, let’s say you sustained injuries in a truck accident and incurred $100,000 in damages. Under normal circumstances, you could pursue at least $100,000 in compensation to cover everything.
If the truck driver was 80% at fault and you share 20% of the blame, the most compensation you could pursue would be $80,000.
Your percentage of fault gets subtracted from your total damages. If you’re found more than 50% at fault for the accident, you won’t be able to get any compensation. Your lawyer will protect your rights and defend you from unfair accusations of fault.
Jonathan R. Brockman, P.C. Fees and Costs
We know you face financial hardships after the truck accident. We believe you deserve to recover everything you lost, so we won’t add to your burden.
Our Cumming truck accident lawyers take cases on a contingency fee basis. That means there are no upfront fees or costs. We don’t expect payment unless we recover financial compensation from the negligent party. If you don’t get paid, we don’t get paid.
Our initial consultations are free. That means there’s no risk to meet with us and discuss the details of your car crash. We’ll review the information you provide and advise you of the legal options available.
What to Do After a Truck Accident
The trucking company’s insurers and lawyers will heavily scrutinize your every move after an accident. They are hoping that you make a mistake, admit fault in some way, or otherwise give them an opening that means they have to pay you less than what your claim may really be worth.
After a serious accident with a large truck, there are some important steps that you can take to protect yourself, and that may help strengthen your claim for full and fair compensation.
- Immediately after an accident:
- Call for help
- Take photos of the scene
- Get witness contact information
- Document everything and keep receipts and records of calls and interactions with insurers
- Contact an attorney
- In the weeks and months after the accident:
- Keep a pain journal. Document your recovery process and document how you are feeling and your level of pain. It can be helpful for your claim and mental health.
- Avoid social media. Don’t ever post about your accident or situation on social media. Your words may be twisted or used against you. Keep accident-related information between yourself and your attorney and do no post online.
- Let your attorney talk to insurers. It is always in your best interest to keep out of any communication between your attorney and the trucking company’s insurer or attorney. An insurer may want to talk to you directly to try and trip you up or get you to say something that might damage your claim. Always be sure that the insurance company talks only with your attorney and never with you.
- Keep your recovery on track. Always be sure to keep scheduled doctor’s appointments and follow all your doctor’s advice. Medical documents can be crucial to a truck accident claim, and you’ll want to have ample notation about your condition and prognosis. In some cases, not following your doctor’s instructions could be used against you by the trucking company and their team.
Contact Us Today
Speak with one of our Cumming truck accident lawyers if you were the victim of truck driver’s negligence. We know you want to put this ordeal behind you as soon as possible.
When you hire us, we’ll immediately begin working on your case and try to resolve it efficiently. Our legal team cares about our clients and will treat you like a priority when we represent you.
At the law offices of Jonathan R. Brockman, P.C., we work hard to recover the maximum financial award our clients need to heal. We’ll fight to protect your rights and hold the at-fault party accountable for their careless actions.
We dedicate our full attention to each case we take, so we won’t give up until we win. If you sustained injuries in a truck accident and want to discuss the services we provide, call us today at 770-205-8827.