If you were in a car accident caused by a truck driver driving under the influence, you may be entitled to substantial compensation. The Cumming truck accident attorneys at Jonathan R. Brockman, P.C., can help you file an insurance claim or lawsuit and seek the justice you deserve. We’ll make sure the responsible party is held accountable for their poor decision and reckless behavior.
We’ve been helping accident victims since we started our practice in 2001, and we have developed a solid track record of securing high-value settlement and verdicts for our clients. We dedicate our time and attention to each client we work with in order to resolve their case effectively and efficiently. When you hire us, we’ll always make you a priority and be there whenever you need us.
We know this is a challenging time. We’ll provide support and guidance to help you get through it. If you want to schedule a free consultation to discuss your case with us, call 770-205-8827 or fill out our online form.
The Dangers of Driving Under the Influence
A DUI (driving under the influence) offense occurs when a person operates a motor vehicle with alcohol or drugs in their system. A chemical test can determine the level of alcohol in someone’s body. For most drivers, the blood alcohol concentration (BAC) limit is .08%, but for commercial truck drivers, the limit is .04%.
A truck driver who chooses to consume alcohol or drugs before getting behind the wheel puts everyone around them in danger. They could lose control of their vehicle or fail to react appropriately to an emergency. The most common symptoms people under the influence experience that increases the risk of an accident include:
- Poor decision-making skills
- Drowsiness or fatigue
- Reduced alertness
- Altered sensory perception
- Slower reaction time
- Decreased muscle coordination
- Blurry vision
- Loss of consciousness
Impaired driving is a common problem that caused 29% of all traffic-related fatalities in 2018. Chances are, you drove by someone who was driving under the influence of alcohol or drugs at least once in your life. Sometimes they’re difficult to spot, but if you notice someone swerving between lanes or driving erratically, do whatever it takes to distance yourself. Call 911 and report them to law enforcement, so they don’t cause an accident and hurt other people.
What to Do After a Truck Driver Who’s Under the Influence Causes an Accident
If you were harmed in a crash due to an impaired trucker’s actions, there are steps you can take after the accident to help protect your rights and claim to compensation. Evidence collected at the scene of the accident can help prove fault in your case, and there is important contact information to collect. Following your accident, you should:
Call 911. You must report an accident in Georgia if it causes an injury, fatality, or at least $500 in property damage. Wait for an officer to arrive at the scene and investigate. They will write a traffic crash report with their findings and might arrest the truck driver for driving under the influence.
Exchange auto insurance. Ask the truck driver for their insurance carrier information and policy ID. Also, write down the driver’s name and contact information, as well as their employer details. Sometimes the trucking company could be held liable for negligently hiring someone with a history of DUI or failing to perform a background check.
Talk to witnesses. If anyone saw what happened, write down their names and phone numbers. They could provide a witness statement that confirms your description of how the crash occurred.
Take photos. Take pictures of the accident scene, debris, property damage, visible injuries, and other photographic evidence.
Go to the hospital. After leaving the crash site, go to the hospital. Even if you think your injury is minor, you should still undergo a medical evaluation. Some injuries might seem insignificant but end up causing problems down the road. Follow your doctor’s orders and continue treatment until they release you from their care.
Get an estimate. Take your car to a repair shop for a damage estimate.
Maintain records. Keep copies of every document associated with your case. Medical records, for example, provide crucial evidence that gives a timeline of treatment and help prove that the accident caused the injury.
Seek legal representation. Hire a lawyer from Jonathan R. Brockman, P.C. You’re more likely to receive higher compensation with the help of a lawyer than if you try to handle your case alone.
Jonathan R. Brockman, P.C., can assist you with the collection of evidence and filing an insurance claim. We will leverage our resources and legal options to secure crucial information such as the truck driver’s driving history, the truck’s “black box,” dashcam footage, the police report, and more to help us develop a solid case.
Filing an Insurance Claim After an Accident
It’s a legal requirement that all motorists carry auto insurance with minimum liability limits. The average driver must have at least $25,000 in coverage per person for bodily injury and $25,000 for property damage. However, commercial trucks can cause more significant harm, so truckers have to carry higher liability limits. According to the Federal Motor Carrier Safety Administration, the trucking industry must follow the requirements below:
- Vehicles weighing under 10,001 pounds: $300,000
- Vehicles weighing over 10,000 pounds: $750,000
- Vehicles carrying hazardous materials: $1,000,000
- Vehicles transporting hazardous materials in a tank weighing over 3,500 pounds: $5,000,000
Georgia’s fault system means the person who causes an accident is automatically liable for the victim’s injuries. Financial compensation typically comes from the auto insurance company after filing a claim. The settlement provided should compensate for the injured party’s damages. Damages refer to all the expenses and intangible losses suffered from an accident.
Damages available in a liability claim may include:
- Medical bills
- Out of pocket costs
- Mental anguish
- Lost wages and earning capacity
- Physical impairment or disability
- Vehicle repair or replacement
- Rental car expenses
- Loss of companionship
- Pain and suffering
Although it’s the law, there are times when the at-fault driver doesn’t have liability insurance. If that happens, you could file a claim with your auto insurance company. Uninsured/underinsured motorist (UM) coverage is a type of coverage that provides accident victims with compensation when the other party doesn’t carry liability insurance or has limits that aren’t high enough to cover the total damages.
When you file a UM claim, you could potentially pursue the following damages:
- Medical expenses
- Lost wages
- Pain and suffering
- Out of pocket costs
- Car repair or replacement
It’s not a legal requirement to purchase UM coverage, so you should check your insurance policy to determine if you’re able to file a claim. Jonathan R. Brockman, P.C., can help you figure out your legal options for seeking financial compensation from the at-fault truck driver if they don’t have liability insurance.
Filing a Lawsuit After an Accident
Whether or not the truck driver faces criminal charges for driving under the influence, you could file a civil lawsuit against them. There’s a strict deadline known as a statute of limitations you must comply with if you want to sue someone for damages. The statute of limitations for sustaining injuries in an accident in Georgia is two years. If you want to file a lawsuit for damage to your personal property, you would have to follow a four-year statute of limitations.
Two years might seem like enough time to work on your case, but many obstacles can arise that delay the process. Lawsuits are complicated and time-consuming. If you choose to file an insurance claim first, it could take years before the insurance company reaches a decision. By then, you’ll have run out of time to sue if they decide to deny your claim. That’s why it’s best to immediately begin the process after your accident to ensure you have plenty of time to prepare.
Unlike economic and non-economic damages available in insurance claims and lawsuits, punitive damages are only available in lawsuits. Punitive damages are intended not as a form of compensation for the accident victims, but rather as a form of punishment for the at-fault party and a deterrent against similar behavior in the future. To recover punitive damages, you must provide the jury with clear and convincing evidence that the truck driver acted with willful misconduct, wantonness, oppression, malice, indifference towards consequences, or fraud.
What Should I Do If I Can’t Afford a Lawyer?
Most people choose not to hire a lawyer because they think it will cost too much money. They worry about the upfront legal fees they’ll have to pay while they’re also paying for medical treatment and other costs associated with the crash. However, there’s a higher chance that you’ll recover the maximum compensation available if you seek legal representation than if you try to handle your case alone.
Jonathan R. Brockman, P.C. knows the financial struggles you’re already facing. That’s why we take cases on a contingency-fee basis. We don’t charge upfront fees or costs to represent accident victims. You won’t have to pay us unless we win your case. If we’re unsuccessful, you won’t owe us any money.
Why Choose Jonathan R. Brockman, P.C.
If you or your loved one was the victim of an accident caused by a truck driver driving under the influence, we’re ready to take on your case and fight for the justice you deserve. You’ve already experienced enough trauma and shouldn’t have to deal with the legal aspects of an insurance claim or lawsuit. We’ll handle every step on your behalf so you can focus on what’s important – recovering.
Call Jonathan R. Brockman, P.C. at 770-205-8827 for a free initial consultation. There’s no risk in speaking with us about your accident and receiving advice about your best legal options moving forward.