In one moment, a rollover crash can change your whole life. If you were involved in a rollover truck accident, you’re likely facing severe injuries, expensive medical bills, and lost wages from missing work as you heal.
These challenging circumstances can feel overwhelming, and it can leave you wondering what to do next. First, contact a lawyer at Jonathan R. Brockman, P.C. With more than 30 years of experience, we can help you secure the full compensation you need and hold the truck driver accountable for the injuries you sustained.
We understand the difficulty of this moment in your life, and we want to help. If you are struggling to recover, the legal team from Jonathan R. Brockman, P.C. will work hard to assist you. We will thoroughly review the details of your accident to determine the best legal options available. We will implement a plan that gets you the results you want.
Our Fayetteville truck accident lawyers will fight vigorously and effectively for the justice you deserve. Schedule your free consultation by calling (770) 205-2231 right now.
Understanding the Causes of Rollover Truck Accidents
There can be multiple factors that contribute to a rollover crash. It typically isn’t just one cause. Sometimes a combination of actions leads to a devastating accident. The trucking company may have negligently hired an inexperienced driver who ended up driving at excessive speeds. The driver could have become distracted by their cell phone, and by the time they looked up, it was too late to swerve out of the way of an oncoming vehicle.
Rollover truck accidents are often the result of negligence on the part of the trucker or their employer. Negligence is someone’s failure to provide a reasonable degree of care to avoid causing injury to another person. There are five elements you must show to prove negligence:
- Duty — The at-fault party owed you a reasonable duty of care to prevent harm
- Breach of duty — They breached their duty by acting or not acting in a certain way
- Cause in fact — You wouldn’t have been hurt if it wasn’t for their actions
- Proximate cause — Their breach of duty directly led to your injury
- Damages — You sustained an injury and suffered actual losses
Some of the most common reasons for this type of crash are below.
Truck driver negligence
- Taking a turn too quickly
- Failure to check blind spots before merging or changing lanes
- Sudden braking
- Distracted driving
- Driving too fast for weather or road conditions
Trucking company negligence
- Failure to perform proper background checks on new employees
- Inadequate training and supervision
- Improperly loaded cargo
- Lack of inspection, maintenance, and repairs on vehicles
- Failure to comply with FMCSA regulations
- Hiring unqualified drivers
Once you determine who was at fault for the accident, you can move forward with filing an insurance claim or lawsuit. Jonathan R. Brockman, P.C. has extensive experience and resources investigating rollover truck collisions to determine the cause. We will handle the legal process so you can focus on your recovery.
Pursuing Legal Action After a Rollover Accident
When you get hurt in a crash with a commercial truck, you can seek compensation from the trucker. Georgia’s fault system holds the at-fault driver financially responsible for the injured party’s damages. Damages are the total losses suffered as a result of someone else’s negligence.
The at-fault party’s auto insurance company will typically cover your damages. All truck drivers must carry liability insurance with minimum limits depending on the weight of the vehicle and the type of cargo being transported. For example, a tractor-trailer weighing under 10,001 pounds and carrying non-hazardous freight must have $300,000 in liability coverage.
When you file a claim, you can seek the following damages:
- Medical bills
- Emotional distress
- Loss of consortium
- Lost income and benefits
- Lost earning capacity
- Pain and suffering
- Out-of-pocket expenses
- Property damage
Your Fayetteville rollover truck accident lawyer will review your total damages to determine a fair settlement amount from the insurance company. Evidence is critical in cases like this. We can perform an investigation into the crash and gather evidence that proves negligence, such as:
- Traffic crash reports
- Statements from eyewitnesses
- Accident scene photos
- Copies of your medical records and bills
- Vehicle repair estimates
- Video surveillance
- Copy of the insurance policy
- Truck driver’s driving logs and employment history
It is our goal to ensure you receive the maximum compensation necessary to cover your damages. We know the financial strain this accident caused. If you’re unable to work, it makes the situation worse. When you’re not making money, you worry about how you’re going to pay your medical bills and daily living expenses. Jonathan R. Brockman, P.C. will aggressively negotiate with the insurance company and ensure they treat you fairly. If they refuse to settle for an adequate amount, we will file a lawsuit.
How Lawsuits Work in Georgia
If you want to sue the truck driver or trucking company, there’s a deadline you must follow. It’s called a statute of limitations. If you try to file your lawsuit after this deadline, the court will most likely dismiss the case. The statute of limitations for rollover truck accidents in Georgia is two years. That means you have a two-year window from the crash date to file.
Jonathan R. Brockman, P.C. might decide it’s best to file an insurance claim first to see if we can recover the necessary amount that compensates your damages. However, if the insurance company denies your claim or provides a low offer, we will move forward with a lawsuit.
Lawsuits are complex. They can take years to resolve and follow precise procedures. You should never attempt to handle something like this alone. Our Fayetteville rollover truck accident lawyers have litigated countless cases over the last three decades. We know how to handle every step of the process. We never back down from a fight and won’t allow the defense attorneys to treat you unfairly.
While medical bills, emotional distress, and property damage are some of the regular damages you can pursue, you might also have the option of seeking punitive damages. It’s a rare financial award only available under special circumstances. Instead of compensating you for your losses, it’s intended as a form of punishment against the at-fault party.
A jury will only award punitive damages if you provide clear and convincing evidence of the defendant’s oppression, wantonness, willful misconduct, fraud, malice, or indifference toward consequences.
Impact of Modified Comparative Negligence on an Accident Victim’s Damages
Unfortunately, there’s a Georgia rule that could bar the recovery of compensation after a rollover truck accident. Modified comparative negligence reduces an injured victim’s damages by the percentage of fault they share for a crash. If you partially contributed to your injuries, the jury could award less money than you would receive if the at-fault party is found 100-percent liable.
Let’s say your total damages are $40,000, and the jury determines you share 10 percent fault for the crash. That would mean the maximum monetary award you could receive would be $36,000. Under circumstances where the truck driver is 100 percent to blame, you would be entitled to the full $40,000.
If you are found to be 50 percent or more responsible for the accident, you would not be allowed to pursue any amount of compensation.
Suing a Government Entity After a Rollover Truck Accident
If you sustained injuries in a rollover crash with a government vehicle, such as a fire truck, there are specific state laws that could affect the outcome of your case. Sovereign immunity protects government entities, its agents, and employees from most civil lawsuits. However, the Georgia Tort Claims Act waives this immunity if the following exit:
- The government employee was acting within the scope of their employment or duties
- The employee would be liable under similar circumstances if they were a private individual or entity
To file your lawsuit, you must first provide written notice to the specific government entity and include the following information:
- Date, time, and location of the accident
- Name of the government entity
- Actions that form the basis of your case
- Type of losses you suffered
- Monetary damages claimed
If you’re suing the state, you have to provide the written notice within 12 months of the rollover accident. Cities and counties follow their own set of rules. Some require filing a claim within six months, such as the city of Atlanta. Some also provide certain forms you have to complete if you want to pursue compensation. Your Fayetteville rollover truck accident lawyer from Jonathan R. Brockman, P.C. knows the laws and statutes associated with government claims and will ensure we follow the proper procedure.
Contact Jonathan R. Brockman, P.C.
Since 2001, our team has been representing accident victims in Fayetteville and throughout Georgia. We believe in holding people accountable for the careless actions that cause injuries and sometimes death. We have the experience, resources, and knowledge to advocate for our clients’ rights and ensure they receive the compensation they deserve.
The Fayetteville rollover truck accident lawyers of Jonathan R. Brockman, P.C. understand the complex nature of legal cases. You won’t be in this fight alone. We will stay by your side until we fulfill the promise we make to you.
Call us at (770) 205-2231 if you or someone you love suffered injuries in a Fayetteville rollover truck accident. We are ready to take your call and begin working on your case.