Semi Truck Accident Lawyers Cumming and surrounding North Georgia
Truck accidents are devastating events that can result in enormous losses for the victim and complex lawsuits. Being hit by a garbage truck, hauling truck, logging truck or a tractor trailer often causes serious injuries or fatal consequences. These truck accident cases require a thorough investigation and knowledge of the federal regulations that govern truck drivers, and extra time and effort from personal injury lawyers.
The skilled professionals at Banks Stubbs and McFarland, LLP understand the nuances of truck accident litigation and know what evidence is needed to win the lawsuits. Our legal team will work tirelessly to uncover all evidence surrounding the cause of the tractor trailer crash. We only serve the victims of accidents and never represent insurance companies. Our law firm is in Cumming, GA and handles truck accident cases throughout Northern Georgia.
If you’ve been in a truck accident, let the attorneys of Banks, Stubbs and McFarland earn you the justice you deserve. Call 770-887-1209 today or contact us with the form below to receive a free case review of your claim.
Personal Injury Testimonial
What Are Common Injuries From Truck Accidents?
Multiple Broken and/or Crushed Bones
Truck crashes can be immensely powerful and often lead to serious injury or death. Bones can be easily broken or crushed in such accidents when compared to crashes involving other motor vehicles. In more severe cases, bones can be crushed and become irreparable, which can result in amputation.
Deep Cuts
Severe lacerations and cuts from truck crashes can be especially painful and leave huge scars that can disfigure injured victims.
Neck and Back Injuries
These can include minor neck aches and pains or more severe injuries, such as dislocated spinal discs. Since the neck and back are essential to everything we do, these injuries often prevent injured victims from working and going about their daily lives.
Internal Injuries
These are very hard to treat since blunt trauma from severe crashes can result in internal bleeding to vital organs like the liver, lungs, heart, bladder, spleen, pancreas, etc.
Spinal Cord Injuries
Any kind of injury to the spine can be devastating because it can cause paralysis. Severe spinal injuries will require lifelong care and many adjustments to the injured victim’s way of living.
Head and Brain Injuries
Head trauma from truck crashes can also damage the brain and cause life-altering effects, such as loss of motor and cognitive functions. Sadly, some injured victims will need medical care for the rest of their lives.
How Much Compensation Can I Recover in A Georgia Truck Accident Claim?
Financial compensation for truck accident claims is usually higher than compensation for other motor vehicle claims because of two main reasons. One, trucking is a dangerous business, which means that trucking companies have higher auto insurance limits. Two, victims injured in truck crashes usually face more catastrophic injuries and life-altering consequences so more compensation is required to make them whole for all of their losses.
However, the real value of your truck accident claim will depend on the specific damages you incurred due to your injuries. Generally speaking, you may be entitled to recover compensation for past, present, and future medical expenses, lost income, diminished earning capacity, pain and suffering, permanent injuries, disfigurement, and other damages including punitive damages if the actions of the truck driver or their employer were particularly reckless or malicious.
If the accident resulted in a loved one’s death, you can recover wrongful death damages for the full value of the life that was lost in addition to funeral costs, lost future wages and benefits, and pre-death medical expenses and pain and suffering. It’s best to discuss your case with a Cumming, GA truck accident attorney who can better estimate what your case may be worth and the types of damages that may be available to make you whole for your losses.
When Should I File a Truck Accident Lawsuit?
In Georgia, the statute of limitations for filing a truck accident lawsuit is two years. This also applies to wrongful death lawsuits. The filing deadline or time limit means that injured victims have a specific window of time to file their personal injury lawsuits following the accident that caused their injuries. If you fail to negotiate an appropriate settlement prior to the expiration of the statute of limitations, you will be barred from bringing an action against the at-fault party and you will not be able to recover for your losses. Do not let this happen to you.
If you have suffered injuries in a truck crash, you should talk to an experienced Cumming, GA, truck accident lawyer today about your case. Waiting too long to take action can disqualify you from obtaining the compensation you deserve.
Parker represented me in a personal injury case (automobile accident). I had grown weary in dealing with insurance company in an effort to retrieve the minimal medical expenses incurred. As it turns out Parker was able to settle for 5 ½ times the amount of the medical bills! The investigation into the at fault driver’s driving history and the briefing on potential punitive damages caused by a pattern of dangerous driving made the difference. I am grateful for Parker’s expertise in as much as I am for his professionalism, genuine care and concern.
Questions? Do You Want To Talk To A Lawyer? Contact Us.
Don’t settle for less than your case is worth. Call us today at 770-887-1209 or contact us via our FREE Case Evaluation Form to get started today! [I corrected to add our main office number. I did not recognize the 866 number?]
How are Truck Accidents Different from Car Accidents?
Truck accidents are often more deadly than auto accidents. The term “truck accident” is used to describe a crash with a commercial vehicle whether the truck is a big rig, tractor trailer, 18-wheeler or any other large freight carrier. These trucks are large vehicles that cause ample damage to the other vehicle(s) in the accident. A tractor trailer weighs approximately 70,000 to 80,000 pounds while a passenger car or SUV ranges from 3,000 to 4,000 pounds. A collision with a truck will likely destroy the car and cause serious injury or death to the victim(s). While we recognize that no amount of money can replace the loss of a loved one, we can help you find justice through a wrongful death action or serious injury litigation.
Who is Liable For a Truck Accident?
Various parties can potentially be held liable for a truck accident, including:
- The Truck Driver – The driver can be held responsible even if they’re an independent contractor of the company they work for, and not a 1099 employee, when they are working under the scope of their employment when the crash occurred.
- The Truck Driver’s Employer – Regardless of the relative percentage of fault between an employee and an employer, if the at fault driver was an employee of the trucking company, you can hold the company or employer liable for your damages. Under the respondeat superior legal theory, employers can be held liable for the accidents that their employees cause during the course of their employment.
- The Truck Manufacturer – A defect during the manufacturing of the truck or a design flaw can also cause truck accidents. If it can be proven that these defects caused or contributed to the crash, the truck manufacturer may be held liable for the crash.
- The Shippers or Cargo Loaders – Some truck crashes involve an issue with the truck’s cargo. For example, if the loader failed to properly inspect or secure the cargo, they may be held responsible when the cargo falls or shifts during transport and causes a crash that leads to property damage or injury to others.
- The Mechanics Responsible for Servicing The Truck – If you can prove that the truck or a part of the truck wasn’t properly maintained or repaired, the mechanics that handle the truck’s maintenance could be held liable for the accident.
- A Government Contractor or Entity – If improperly or inadequately maintained roads, unmarked lanes, unsafe construction zones, obstructed views, and other road hazards cause or contribute to the collision, the government contractor or entity responsible for maintaining the roadway where the accident happened may likewise be held liable for your losses.
How Does The Truck Accident Claim Process Work?
Once you’ve retained one of Georgia truck accident lawyers, the legal team of Banks, Stubbs & McFarland will:
- Investigate the truck crash through experts who will preserve the critical evidence, including all electronic data, video, photos, and provide a destructive examination, and complete reconstruction of the accident.
- Investigate the trucking company, including all violations of the Federal Motor Carrier Safety Act (FMCSA), commercial vehicle moving violations, commercial vehicle equipment violations, prior accidents, licensing, insurance, inspections, and safety ratings.
- Investigate the truck driver, including past criminal record, prior accidents, and other moving violations.
- Collect and review evidence to support your damages injury claim including medical records and billing, lost wage documentation, disabilities, loss of enjoyment of life, and pain and suffering.
- Calculate the total losses you incurred in the accident to justify the amount of compensation that should be demanded from the liable party’s insurer.
- Prepare a comprehensive demand package with all documentation supporting the demand amount.
- Manage all the back and forth discussions and negotiations with the liable party’s insurance company.
- After a successful recovery following a settlement or verdict, negotiate any outstanding medical bills or liens to maximize our client’s net recovery.
If the insurance company plays fair and gives you the full value of your claim, you will receive your money without the need to file a lawsuit. On the other hand, if the insurer is refusing to give you what you deserve or repeatedly offers a settlement that doesn’t cover all your damages, your lawyer can take your case to a jury trial.
In the litigation process, it’s also possible to resolve your truck accident claim through mediation. In mediation, you, your lawyer, and the other party will present the case informally to a mediator, who is a neutral third party that can help both parties reach a settlement that’s fair for everyone involved. It’s also important to note that your truck accident claim can settle at any time during the litigation process or trial.
Why Do I Need an Attorney for My Truck Accident Claim?
The driver of a commercial vehicle or tractor trailer is hired by a company to ship goods and cargo. The truck driver could be a full-time employee, a subcontractor, etc. The varying career statuses of truck drivers force truck accident cases to fall under the rules of employment law. The trucking company, shipping company, or retailer must pay a portion of the accident damages that correlates with the truck driver’s position within the company. The business’ payout will also depend on whether the trucking company owned or leased the truck. Insurance companies try to place fault on the injured party to reduce damages. Even if you were partly to blame for the accident, you may still be entitled to financial compensation. Our experienced legal professional will skillfully manage whatever role you played in the cause of the accident and earn you the most compensation possible.
How Truck Drivers Cause Accidents
Tractor trailer drivers must follow typical highway safety laws and demonstrate proper care for their truck and cargo. Truck drivers cause accidents when they:
- Drunk driving
- Driving under the influence of drugs
- Speed or drive aggressively
- Drive while texting or otherwise distracted
- Overload the semi with too much freight/goods
- Cause truck imbalance by improperly distributing the cargo
- Improperly monitor the blind spot present in many tractor trailers
- Drive when they’ve had too little sleep
- Lose control after a tire blowout
- Tailgate other vehicles
- Fail to adjust their driving to handle dangerous weather and traffic conditions
- Ignore traffic signs warning of inclines, curves or other hazards
When a truck driver causes an accident in any of the above ways, they are considered negligent. Thus, a negligent driver is one who did not use proper care while driving and caused bodily injury to the accident victim. We at Banks, Stubbs and McFarland have won hundreds of negligence cases and will earn justice for you with your truck accident claim. Don’t delay in seeking the truck accident attorneys at Banks, Stubbs & McFarland to guarantee that critical evidence is preserved to ensure that victims of truck accidents are fully compensated. Choose to fight for your rights and call 770-887-1209 now to consult with our licensed legal professionals.
CASE EXAMPLES
$2,750,000.00 Tractor Trailer Red Light Violation – Wrongful Death
70 year old man who was killed when a tractor trailer ran a red light on U.S. Highway 441. During litigation following a day long mediation, this case was settled for $2,750,000.00. Other details are omitted due to a confidentiality agreement.
$1,750,000.00 Pedestrian accident settlement in White County
Client (R.F.) was walking his dog on the sidewalk along Georgia Highway 17 in White County when a college student fell asleep at the wheel, ran off the road and began rolling end over end until her vehicle hit Client. Attorney Parker McFarland contacted the witnesses who observed that Client was in the fetal position, had incurred severe head wounds with extensive bleeding, and was unresponsive.
Client remained unconscious and was in the intensive care unit or ICU for 7 weeks followed by lengthy rehabilitation. Client’s injuries included a skull fracture, collarbone fracture, T1 thoracic vertebra fracture, 11 rib fractures, and a traumatic brain injury which led to a neck surgery.
Attorney Parker McFarland investigated and obtained all of the evidence including police reports, witness statements, photos, medical bills, and certified copies of the at fault driver’s criminal convictions for Causing Serious Injury as a Result of Collision with Pedestrian and Failure to Maintain Lane and sent a time limited demand letter to the at fault driver’s insurance company for their policy limits of $1,250,000.00 which the insurance company accepted.
Many people don’t realize that you if you are injured as a pedestrian by an automobile, you can make a claim against your underinsured motorist (UM) policy for your vehicle. In this case, attorney Parker McFarland submitted an additional time limited demand to Client’s auto insurance company for their UM policy limits of $500,000 which they paid. The total settlement was $1,750,000.00.
$1,525,000.00 Head On Collision Settlement
In Hall County, a mother and daughter were involved in a head on collision with a drowsy driver who swerved into their lane. Attorney Parker McFarland filed a negligence action against the driver and employer in Hall County State Court.
$750,000.00 – Automobile Negligence
Client (V.G.) was injured when an elderly lady attempted to turn left in front of Client on Georgia Highway 369. Client sustained multiple fractures to her ribs, sternum, L1, and T12 and underwent a back surgery.
Client incurred $296k in medical bills. Because Client had a history of previous back injuries and surgery and the other driver claimed that Client hit her, the insurance company only offered $430,000.00 to settle the case prior to litigation.
Attorney Parker McFarland filed a lawsuit in Forsyth County State Court for negligence and following litigation and mediation, settled the case for $750,000.00.
Attorney Parker McFarland drastically negotiated and settled the outstanding medical bills and liens including a $39,000 lien from Medicare which was reduced to $328.24, which greatly increased Client’s net recovery.
$377,250.00 Auto Accident Wrongful Death Suit in Cherokee County, Georgia
Grizzle v. Hickory Flat Grading, Inc., Case No. 04-SC-1806, State Court of Cherokee County
“Lowboy” tractor trailer pulled out in front of the Client’s husband on Georgia 400 in Cumming, Georgia early in the morning which caused the death of the husband. Defense alleged that the client should not collect since he could have seen the truck. On the eve of the jury trial, Parker McFarland’s former firm, McFarland & McFarland, P.C. negotiated this settlement despite the conflicts in evidence and disputed liability.
Learn more about wrongful death lawsuits in Cherokee County >
$281,198.22 Personal Injury Case Settlement in Hall County, Georgia
Client (J.O.) was a passenger in his uncle’s truck in Hall County when the defendant pulled out in front of them, causing a collision. Although the defendant was issued a citation for failure to yield, a witness identified in the police report stated that Client’s uncle was speeding. Moreover, Client’s uncle admitted in his deposition that he had been speeding at the time of the car wreck.
Client underwent elbow surgery, chiropractic care, physical therapy, and numerous injections. Client was diagnosed with herniated discs in his lower back and neck at L4-L5, L5-S1, and C6-C7 and incurred $95,000 in medical bills. Surgery was recommended to treat the disc injuries. Attorney Parker McFarland filed a lawsuit in Hall County State Court. Despite the evidence that Client’s uncle was partially at fault in the automobile wreck, a settlement was reached prior to trial for all of the remaining insurance policy limits of $281,198.22.
$245,000.00 Sideswiped by Tractor Trailer
Clients’ pickup truck was sideswiped by a large 18-wheeler on I-285 in Atlanta. The client was treated at the hospital and eventually required to undergo two arthroscopic knee surgeries four months after the car collision, incurring $46,500.00 in medical bills. Attorney Parker McFarland filed a personal injury civil case in Cobb County on behalf of the client against the driver and his trucking company and settled the case prior to trial for $245,000.00.
Learn more about tractor trailer accident cases in Atlanta >
Personal Injury Case Settled for $175,000 in Forsyth County
Client (J.V.) was rear-ended by another driver while stopped at a traffic light, totaling Client’s vehicle. Client sustained injuries to her neck including cervical radiculopathy and stenosis at the C5/C6 and C6/C7 disks which ultimately required neck surgery. Client incurred $83,000.00 in medical bills. The insurance adjuster refused to pay for anything above the medical bills. Attorney Parker McFarland filed a lawsuit against the other driver in Forsyth County State Court and settled the case before trial for $175,000.00.
Learn more about personal injury cases for accident victims in Cumming GA >