Trucking Company Negligence

Cumming Trucking Company Negligence Lawyers

Did you suffer injuries in an accident involving a commercial truck? Was it the result of the trucking company’s negligent or careless actions? If so, contact the Cumming truck accident lawyers of Jonathan R. Brockman, P.C. immediately to discuss your legal options for seeking the financial compensation you need to cover your medical bills and other costs.

Trucking companies must meet specific standards when hiring and supervising their truck drivers. These employees should have the necessary experience, licensing, and qualifications to operate a commercial truck, such as a tractor-trailer. These vehicles are challenging to maneuver and require someone with a thorough knowledge of how they function and what they should do in an emergency.

Unfortunately, some companies will place profit over safety and hire inexperienced truckers or fail to comply with cargo loading or drug testing requirements. Employers often encourage their drivers to extend their shifts beyond the maximum allowed number of hours to meet a deadline and make money. Sometimes, trucking companies will also skip a background check on new employees to get more drivers on the road. This can lead to dangerous truckers behind the wheel that don’t know how to operate their vehicles safely.

If you suffered injuries in a truck accident, do not hesitate to contact the Cumming trucking company negligence lawyers of Jonathan R. Brockman, P.C. for a free consultation. We’re available 24/7 to speak with you about your case and determine whether we can help you hold the trucking company accountable for their wrongdoing. Call us today at (770) 205-8827.

Common Types of Employer Negligence

A range of negligent behaviors can lead to a truck accident in Cumming. When employers take it upon themselves to rewrite the rules and encourage their truckers to disobey federal regulations, accidents can happen.

The most common types of trucking company negligence include:

  • Failure to inspect the trucks – Large trucks are made up of multiple systems and parts that must function correctly so the vehicle runs smoothly. If the trucking company doesn’t perform routine inspections, they might not realize the tires have been overinflated or the brakes aren’t working correctly.
  • Violations of the hours of service rules – Truck drivers can’t legally spend more than eleven hours on the road during a single driving shift. Frequent breaks and adequate sleep are necessary for truckers to remain alert and focused at the wheel. Their employer might require them to drive past the maximum limit, leading to fatigue that can cause accidents with other vehicles.
  • Negligent hiring practices – Failure to perform a background check into a new trucker’s criminal record, employment history, and qualifications can lead to a dangerous driver being allowed on the road. Sharing a roadway with an inexperienced trucker or dangerous criminal places the occupants of other vehicles at risk of significant harm.
  • Overloaded or improperly loaded cargo – Cargo can’t legally exceed specific weight limits. Too much weight on the wheels of a truck could cause the tires to explode or prevent the driver from having total control over the vehicle. Trucking companies are liable for injuries from an accident that stems from improperly loaded cargo if they load their trucks beyond the limits or fail to supervise their employees during the loading process.
  • Inadequate training – Employers of truck drivers should provide training. Truckers have complex jobs that require them to handle an 80,000-pound vehicle and maneuver it around small cars and obstacles. Without the necessary knowledge and skill, unprepared drivers could face hazardous conditions that they don’t know how to handle.
  • Lack of repairs – Recalls are common on motor vehicle parts. If a trucking company knows there’s a recall but doesn’t replace the defective part immediately, it could be a danger to the truck driver and the drivers and passengers on the road around them.

Any of these circumstances could result in an accident involving a large truck. If you find yourself in this situation, it’s crucial that you seek immediate representation from a qualified Cumming trucking company negligence lawyer from Jonathan R. Brockman, P.C.. We might be able to help you hold the company financially responsible for the losses you suffered and seek the money you’re owed from the insurance company.

Let Jonathan R. Brockman, P.C. Handle the Truck Accident Investigation

At Jonathan R. Brockman, P.C., our legal team has more than 70 years of experience investigating truck accidents and uncovering the evidence we need to prove negligence. Although the truck driver was in the vehicle at the time of the crash, their employer could be just as much or more to blame for your injuries.

When you retain our services, we will begin an investigation immediately and start collecting evidence we believe can build a solid case. Some of this evidence might include:

  • Police reports
  • Crash site photos
  • Statements from witnesses to the accident
  • Truck driver employment history and records
  • Traffic camera footage
  • Copies of your medical records
  • Estimates from damage to your vehicle and the truck
  • Logs for inspections, maintenance, and repairs of the commercial trucks

Cases like this are complicated to handle. You shouldn’t attempt to seek compensation alone. With Jonathan R. Brockman, P.C. by your side, you can feel confident knowing you’re in qualified hands. We know what it takes to represent accident victims successfully. Our Cumming trucking company negligence lawyers will be your advocate during this traumatic experience, and we will fight for the justice you deserve.

Compensation You Can Seek in an Insurance Claim

Georgia follows the fault system when determining who’s financially responsible for a motor vehicle accident. That means the at-fault party becomes liable for the injured victim’s losses, such as:

  • Permanent disability or physical impairment
  • Medical expenses
  • Reduced quality of life
  • Emotional distress
  • Property damage
  • Lost wages
  • Lost earning capacity
  • Pain and suffering

Most people will file an insurance claim and attempt to secure a full and fair settlement from the at-fault party. Trucking companies must purchase liability insurance with minimum limits for their truck drivers. Limits start at $300,000 and go all the way up to $5 million, depending on the weight of the vehicle and the type of cargo it contains.

When you file your insurance claim, the amount you can seek for a settlement depends on the amount of available insurance coverage and the monetary value of your case. Additional factors that could contribute to the financial award you deserve are:

  • The emotional impact of the accident
  • The duration of the recovery period
  • The total hours you missed from work
  • The effect of the injury on your daily routine and quality of life
  • The type and severity of the injury
  • The total expenses resulting from the crash
  • The availability of relevant evidence proving the trucking company caused the accident
  • The estimated cost of any medical treatment required in the future

You don’t have to worry about negotiating with the insurance company. Jonathan R. Brockman, P.C. can take on the responsibility, so you don’t face the burden of handling your claim or fighting for the money you need. We can file the claim on your behalf and communicate with the insurance adjuster throughout the entire process. If they choose to deny your claim or provide a low settlement offer, we may choose to pursue compensation in a lawsuit.

Georgia Laws Associated with Lawsuits

When you’re preparing for a lawsuit, there’s a strict deadline you must comply with if you want to seek compensation from the at-fault trucking company. Georgia has a two-year statute of limitations. The timeframe begins on the date of the crash. If you don’t file suit within those two years, you could lose your right to recover compensation in court.

Two major exceptions could allow you to push back the deadline, so there’s more time to initiate your lawsuit. They are:

  • The defendant left the state before you were able to file the lawsuit. Their absence wouldn’t count towards the two-year timeframe, and the clock would re-start once they return to Georgia.
  • You were under a legal disability at the time of the accident, meaning you were a minor or incompetent due to mental illness or retardation. The clock would not begin to run again until you turn 18 years old or gain mental competency.

Delaying the statute of limitations is a complex procedure. It requires filing specific documents with the court. If you believe you’re allowed additional time to prepare your case, you should trust Jonathan R. Brockman, P.C. to handle this for you.

Pursuing a Wrongful Death Case in Georgia

Wrongful death occurs when a person dies due to a crime, criminal or negligent actions, or defective product. If a trucking company’s negligence caused your loved one’s death, you could seek compensation.

Only specific relatives can file a wrongful death lawsuit in Georgia. They are:

  • Surviving spouse
  • Surviving child or children if there isn’t a spouse
  • If there isn’t a surviving spouse or child, the surviving parent or parents
  • Executor or administrator of the estate if there aren’t surviving family members

The losses you can pursue in a wrongful death case include:

  • Funeral and burial expenses
  • Lost counsel, care, advice, and companionship
  • Medical costs and other necessary expenses resulting from the fatal injury or accident
  • Lost income and benefits the deceased would have earned if they survived

Filing a wrongful death lawsuit requires adhering to the statute of limitations. You must file your lawsuit against the trucking company within two years of the date your loved one died if you want to recover compensation.

Contact Us

Unfortunately, truck accidents can cause massive destruction, injuries, and death. The Cumming trucking company negligence lawyers of Jonathan R. Brockman, P.C. know how much you’ve suffered from your injuries. You can depend on us to aggressively seek the compensation and justice you deserve for your losses.

If you suffered injuries in an accident due to a trucking company’s negligent actions, call Jonathan R. Brockman, P.C. for a free consultation at (770) 205-8827 today.

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