Semi Truck Accident Lawyers Cumming and surrounding North Georgia

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.

- Kelly T.

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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.

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