Cumming Truck Accident Lawyers

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 (855) 465-4407 and schedule your free consultation with us.

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
  • Driving under the influence
  • Truck driver fatigue

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 lawyers 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.

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.

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 (855) 465-4407.

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