A rollover accident occurs when a moving vehicle tips onto its side or turns completely over onto its roof. Rollovers involving commercial trucks are especially frightening and devasting. Given these trucks’ mammoth size and weight, they can easily crush nearby cars when they roll and create immense pileups on the highway.

This type of crash often causes debilitating injuries, and many fatalities result from rollover truck accidents. Since 2001, Jonathan R. Brockman, P.C. has been helping clients like you hold the at-fault driver or trucking company liable for the suffering they caused.

If you were injured in a rollover truck accident, you deserve compensation for the costs associated with this crash. It’s the responsibility of the at-fault party’s insurance company to cover your losses. Our Cumming truck accident lawyers have the skills, drive, and resources to secure the full financial reward you need. We care about our clients, and we will consistently provide one-on-one attention, guidance, and support throughout your case.

To find out more about our legal services or schedule a free consultation, call Jonathan R. Brockman, P.C. at 770-205-8827 today.

What Causes Rollover Truck Accidents?

Commercial trucks have a high center of gravity. They are also large, heavy, and carry cargo. Various factors can contribute to a crash, especially if the truck driver isn’t operating the vehicle safely or their truck is not loaded correctly. During transport, items can shift and cause the trailer to be off-balance. If the driver takes a turn too quickly or makes a sudden maneuver to avoid an obstacle, the trailer can tip and cause the whole truck to roll.

The most common causes of rollover accidents include the following.

Speeding

Excessive speed causes approximately 40 percent of fatal rollover accidents. Speeding alone usually doesn’t lead to rollovers. It happens because the driver is driving too fast for the conditions. Scenarios that can lead to a rollover crash while the trucker is speeding include:

Making a sharp turn
Transporting improperly loaded cargo
Dangerous roadway
Adverse weather
Limited sight distance

Driver Inattention

Truck drivers must focus on what they are doing to arrive at their destination safely. Unfortunately, many are driving while texting or eating food or talking on their cell phone. Anything that redirects their attention from the task of driving to something else can lead to a rollover crash.

Other types of distractions include:

Changing the radio
Reaching for an object in the back seat
Looking at a GPS
Talking to a passenger

Control Issues

Steering is one of the most common control issues that lead to rollovers. That’s because an abrupt change or improper steering can throw the commercial truck off balance.

Tripping

When a large truck, such as a tractor-trailer, “trips” on an object, the tires lift off the ground and cause the entire vehicle to tip onto its side. According to the National Highway Traffic Safety Administration, 95 percent of rollover accidents result from tripping.

Objects that can lead to this include:

Traffic cone
Construction barrier
Guardrail
Pothole
Speed bump
Curb

Improperly Loaded Cargo

The Federal Motor Carrier Safety Administration (FMCSA) regulates the securement of cargo on commercial trucks. If the people responsible for loading items onto the truck use defective tie-downs or exceed the weight limit, they could cause a rollover accident. Cargo ends up shifting on the trailer, leading to an imbalance. When the vehicle isn’t stable, it’s easier for the entire truck to tip over.

Damages In An Insurance Claim

When you get hurt in a rollover truck accident, you can file a claim for compensation for your damages. Damages are the total losses suffered as a result of an accident. They include actual expenses and intangible losses. The truck driver should have coverage through their liability insurance company.

Liability Insurance

Every liability policy has specific coverage limits depending on the vehicle’s weight and the type of cargo. When you file your claim, you can seek compensation for the following damages:

Medical bills
Pain and suffering
Lost income and benefits
Lost earning capacity
Emotional distress
Property damage
Out-of-pocket costs
Loss of consortium

Uninsured Motorist Insurance

Unfortunately, some truck drivers allow their policies to lapse and don’t have adequate coverage at the time of an accident. If that happens, you might be able to file a claim with your auto insurance company. All insurance companies must offer their policyholder uninsured motorist coverage (UM), although it’s not a legal requirement to have it. UM insurance provides compensation to accident victims when the at-fault party doesn’t have liability coverage.

If you choose to purchase UM insurance, there are minimum state-required limits of $25,000 each for bodily injury or death and property damage. When you file a claim, you can seek compensation for the following damages:

Medical bills
Property damage
Pain and suffering
Lost income and benefits
Lost earning capacity
Out-of-pocket costs

UM also includes coverage for underinsured motorists. If the truck driver has liability insurance, but their limits don’t satisfy your total damages, you could file a UM claim to cover your remaining losses.

What’s the Value of My Case?

Insurance adjusters will determine a settlement amount based on the damages you incurred. Something like pain and suffering can be a challenge to monetize because it’s a subjective loss. One person might think their pain and suffering was so severe that they deserve $10,000, while another person might think their pain and suffering wasn’t significant enough to justify compensation.

For that reason, there are different contributing factors the adjuster might use to come up with a calculation of the accident victim’s damages:

Type and severity of the injury
Inability to return to work or perform job-related duties
Amount of relevant evidence proving the truck driver or trucking company was at fault
The total cost of medical treatment
Duration of the recovery period
Statements made by all vehicle occupants and eyewitnesses to the crash
Whether the injury led to permanent impairment or disability
Effect of the damage on quality of life
Psychological trauma experienced after the accident, such as anxiety or post-traumatic stress disorder (PTSD)

When you hire Jonathan R. Brockman, P.C., our Cumming rollover truck accident lawyers will thoroughly investigate and review the details of your case to determine an appropriate settlement amount. We have more than 30 years of experience negotiating with insurance companies. We will not allow them to downplay your injuries or deny your claim for an invalid reason. You can depend on us to fight hard for the maximum compensation available.

Filing a Civil Lawsuit in Georgia

In many situations, it makes sense to file a claim first. If the insurance company denies the claim or refuses to settle for a fair amount, a civil lawsuit gets filed. If you want to sue the truck driver or trucking company for compensation, you must follow the state’s statute of limitations. It’s a strict two-year deadline that begins on the accident date. If you don’t file suit within that timeframe, you could lose your right to compensation.

Most likely, if you file after the deadline, the court will dismiss your case. However, two exceptions could pause the clock:

The defendant left the state before you filed your lawsuit. Their absence would not count towards the two-year deadline, and the clock would start once they return.
You were legally incompetent or under 18 at the time of the rollover crash. The clock would begin once you gain mental competency or turn 18 years old.

After your accident, it’s important to remember that you should avoid making any statement that might be used to blame you for the accident. Georgia follows a modified comparative fault rule that reduces an accident victim’s damages by their amount of shared fault.

For instance, let’s say you incurred $50,000 in damages. If a jury determines you were 20 percent liable for your injuries, you would only be entitled to $40,000 in compensation. If you share 50 percent or more of the blame, you would be prohibited from pursuing any amount of compensation.

Speak to a Dedicated Cumming Rollover Truck Accident Lawyer

At Jonathan R. Brockman, P.C., we have built a stellar reputation for our hard work and successful case results. We have received recognition from prestigious legal organizations, such as the Million Dollar Advocates Forum, Multi-Million Dollars Advocates Forum, and Super Lawyers. We also received an AV Preeminent® rating from Martindale-Hubbell for ethical standards and legal ability.

For more than three decades, we have helped rollover accident victims win financial compensation from negligent truck drivers and get back on the road to recovery. When you hire us, we will work closely with you on your case. We will never do something you don’t feel comfortable with or make important decisions without consulting with you first. We always aim to fulfill our client’s goals.

The Cumming rollover truck accident lawyers from Jonathan R. Brockman, P.C. are ready to begin our investigation and hold the at-fault parties accountable for their actions. Call us at 770-205-8827 today if you suffered injuries in a rollover truck accident.