Serving Truck Accidents in Lawrenceville
Truck accidents wreak so much damage that it’s difficult not to straighten up and take notice. Brauns Law Accident Injury Firm was founded by attorney David Brauns in 2008 on the tenet of basic decency that accident victims matter. Mr. Brauns built his firm, his stellar reputation, and his formidable legal team on this basic but critical building block, and our firm commits to every client and every case from this simple starting point.
David Brauns and his Lawrenceville Truck Accident Lawyers have recovered millions of dollars for clients like you, and we have the success stories to back this claim up, including:
- A $3.5 million verdict for a client who was rear-ended by an ambulance for which she’d pulled over and stopped.
- A $381,000 settlement for a young man who was rear-ended by a truck at a stoplight and could not return to work.
- A $180,000 settlement for a woman who was injured by a semi-truck while entering the interstate. Although the accident reinjured a previous wound, justice nevertheless prevailed.
At Brauns Law Accident Injury Firm, we’re committed to the rights of each individual client, and because we’re a smaller firm, you’ll receive the personal attention you deserve.
Mr. Brauns spent his early professional years as an insurance company defense attorney, and he is therefore well-acquainted with the profit-enhancing tactics and techniques employed by insurance companies. This experience solidified his commitment to helping accident victims in their time of need. This background and insight instruct every case that we handle, and we’re exceptionally proud of our ability to help guide our clients’ truck accident claims toward their most favorable conclusions.
Truck Accident Statistics
Truck accidents are among the most dangerous accidents on our roadways. The massive size and weight of the semis that roam our highways make any accidents that involve them exceedingly dangerous—especially for the occupants of any other vehicles involved. The trucking industry continues to boom, but this does not greenlight trucking companies to take whatever liberties they choose to maximize their profits. If you suffered injuries in a truck accident that happened due to someone else’s negligence, it’s time to consult with an experienced Lawrenceville truck accident lawyer.
The National Highway Traffic Safety Administration (NHTSA) shares some significant statistics related to truck accidents throughout our nation and related to truck accidents in Georgia, specifically. These include:
- In one year, 4,671 people died in truck accidents, which is up 9.0 percent over the previous year. Of these 4,671 deaths, 72 percent were occupants of the other vehicles involved (not occupants of the trucks).
- Over a ten-year span, there was a 12 percent increase in the number of truck accident fatalities.
- Truck accidents accounted for 8.8 percent of all fatal traffic accidents (nationwide) in a recent year, but they accounted for 9.8 percent of all fatal traffic accidents in the State of Georgia.
Truck accidents happen regularly, and they are as terrifying as they are dangerous.
Main Causes of Lawrenceville Truck Accidents
In a study of the causes of large truck crashes, it was revealed that the most common reason for these accidents was a critical decision error on the part of the driver. Decision errors include driving too fast for conditions, misjudging the speed of other vehicles, or following other vehicles too closely. Other critical reasons for truck accidents include:
- Non-performance reasons, which are often health related. These include a driver who fell asleep or suffered a heart attack behind the wheel, or was physically impaired for any reason.
- Recognition errors, which are mistakes made by an inattentive driver distracted by something inside or outside of the vehicle and unable to recognize and appropriately respond to hazards.
- Performance errors, which involve a driver who overcompensates for hazards, panics in a hazardous situation, or exercises poor directional control.
While accidents where a commercial truck driver is at fault are categorized into one of these factors, hundreds of associated factors can contribute to an accident. Some of the most common factors include:
- Brake problems
- Traffic congestion
- Prescription, illegal, or over-the-counter drug use
- Speeding or traveling too fast for the conditions on the roadway
- Being unfamiliar with the roadway
- Hazards such as sharp corners or obstacles in the road
- A required stop for a crosswalk or a traffic light
- Inadequate surveillance of the surrounding conditions
- Drowsy driving
Types of Truck Accidents
Again, truck accidents are as varied as the truckers who man these massive vehicles.
Several broad categories of truck accidents are more common to truck accident claims, however, including:
- Jackknife accidents – A semi’s cab and its trailer are joined together by a coupling device that allows the two parts to move separately from one another. While this is a boon to maneuverability, it can lead to dangerous accidents when the trailer gets the better of the cab and folds in on it like a jackknife folding shut. Such accidents are commonly associated with truckers who take sharp curves too quickly. The immense danger caused by a massive tractor-trailer folding in on itself in the middle of a highway or on an exit isn’t difficult to imagine.
- Rollovers – Big rigs are not only extremely large and extremely heavy but are also top-heavy. When improperly loaded, the excess shifting and/or the uneven weight distribution can lead to rollover accidents. Further, high winds and excessive driving speeds can both contribute to deadly rollovers. The terror and danger associated with a semi-truck that rolls over on a road that you’re traveling on are difficult to overstate.
- Rear-end accidents – 18-wheelers are massive machines that require much greater stopping distances than do the cars we drive. Truck drivers are responsible for factoring these distances into their driving practices to ensure that they don’t endanger innocent motorists who are ahead of them and who must suddenly stop or slow down for any reason.
- Tire blowouts – Semis have 18 or more tires that tether them to the road, and this makes these tires the first line of safety. Truck companies are responsible for outfitting their rigs with safe, reliable tires that they keep well-maintained. Truck drivers are responsible for making regular sight checks to help ensure that all 18 tires are in good working order throughout each haul. When a truck blows a tire, it not only endangers vehicles in the immediate vicinity, but the flying debris also endangers motorists moving toward the sight of the blowout. Further, once the debris lands, motorists who happen upon it suddenly are also at increased risk of being injured in an accident.
Types of Compensation After a Lawrenceville Truck Accident
- Personal injury: This type of lawsuit may be filed against any and all negligent parties involved in the accident, including a truck driver, the company he or she works for, a shipper responsible for loading cargo into the trailer, the entity involved in maintaining the vehicle, or even the manufacturer of defective truck parts. If negotiations with the insurer of the truck or other liable parties fail, a personal injury lawsuit must be filed within two years of the accident. In a lawsuit, you may seek compensation for damages such as medical expenses; lost wages; loss of future earning capacity; and pain and suffering.
- Wrongful death: A wrongful death claim asserts rights on behalf of the family members of an individual killed in a truck accident, including the decedent’s parents or the personal representative of the estate. Wrongful death lawsuits typically seek damages that include: medical expenses incurred by the decedent before death; funeral expenses; pain and suffering experienced by the decedent before death; the loss of the wages that the decedent would have earned had they survived the accident; loss of intangible items such as companionship or parental care.
In each of these types of lawsuits, you usually must prove negligence (or something close to it) by the at-fault party. Negligence is proven by establishing:
- The party owed you a duty of care. This duty of care, for the truck driver, would include obeying all applicable laws and safely driving the truck. For the company that owns and operates a truck, it may include establishing hiring practices that include background checks that would weed out drivers with a history of driving infractions. For the shipper, it would include checking the insurance and background information on the transport company and the driver, and ensuring that cargo is loaded securely. For the entity responsible for maintaining the vehicle, this would include ensuring that all parts of the truck—such as the brakes—were fully operational and in good repair. For the manufacturer of parts, this would include ensuring that the parts work as they should in the conditions they were designed to be used in.
- There was a breach of this duty of care.
- The breach in care led to the accident, which resulted in injuries or death.
Lawrenceville Truck Accident FAQ
Large trucks, including box trucks, big rigs, and tractor-trailers, are significantly larger than the average motor vehicle. When these vehicles collide with much smaller vehicles, like cars and motorcycles, they can bring about serious accidents and injuries that sometimes require weeks and even months of medical treatment.
Although many motor vehicle collisions that involve large trucks happen because of driver negligence, this is not the only cause of these accidents. In fact, trucking companies, truck part manufacturers, and truck repair facilities can also be fully or partially to blame for these collisions and the injuries and damages that result.
Many truck accidents in and around Lawrenceville occur on Interstate 85. These accidents are especially serious because the vehicles involved are usually traveling at high rates of speed. However, truck accidents that occur on a dual-lane country road can be equally as serious and lead to significant injuries.
If you or a loved one has suffered an injury in a motor vehicle collision that involved a large truck or tractor-trailer, get legal help on your side as soon as possible. An experienced Lawrenceville truck accident lawyer at Brauns Law Accident Injury Firm can assist you with investigating your case, and if necessary, filing a claim or lawsuit on your behalf and helping you pursue the compensation and damages you deserve.
What are some common causes of truck accidents that occur in and around Lawrenceville?
When a truck collides with another motor vehicle or a pedestrian, the result can be catastrophic, and in some cases, deadly. One of the most common causes of truck accidents that occur in and around Lawrenceville is truck driver error.
Truck driver error. Truck drivers not only have a duty to operate their vehicles in a reasonable, careful, and safe manner at all times, they also have a duty to correctly load their trucks and trailers and properly secure their loads.
When it comes to safe truck operation, the Georgia rules of the road are a good starting point. For example, truck drivers must operate their vehicles within the posted speed limits, yield the right of way to other vehicles when appropriate, use turn signals properly, and operate their vehicles in the correct lane (especially when traveling in busy highway traffic).
When it comes to proper loading procedures and truck maintenance (including warning lights and undercarriage lights that operate correctly), the federal and state motor carrier regulations generally control.
When truck drivers operate their vehicles unsafely and an accident results, the negligent truck driver, and potentially the employer trucking company, could be held responsible for damages resulting from the injuries sustained in the accident.
Closely connected with negligent truck driving are distracted driving and intoxicated driving. A truck driver engages in distracted driving when they are paying attention to something other than the road while behind the wheel of the truck. For example, the driver may be using their cell phone or some other electronic device to make phone calls, send emails, or send text messages.
Drivers engaged in distracted driving do not devote their full attention to the road, making it very easy to miss a smaller vehicle in the vicinity (such as a motorcycle). If a distracted truck driver negligently causes their vehicle to collide with a smaller vehicle, a Lawrenceville truck accident lawsuit filed in the court system can name the driver (and sometimes the trucking company) as a defendant.
Similarly, commercial truck drivers who operate their vehicles while under the influence of alcohol or drugs place all other motor vehicle operators on the road at that time in danger. Operators of commercial vehicles who hold a commercial driver‘s license (CDL) and operate their vehicles with a blood alcohol concentration of 0.04 percent or greater are subject to arrest for a DUI.
In addition, if the intoxicated driver causes an accident that leads to injuries, the driver (and potentially the employer trucking company) can be liable for any civil damages awarded to the accident victim by way of a Lawrenceville truck accident claim or lawsuit.
Trucking company negligence. In addition to negligence on the part of a negligent truck driver, the trucking company that employs the negligent driver can also share some or all of the liability for the accident. Moreover, the trucking company’s insurer can be on the line for paying damages if the accident victim prevails in the case. If the negligent truck driver was a trucking company employee rather than an independent contractor, and was acting within their scope of employment, then the trucking company can be vicariously liable for the injuries and damages the accident victim suffers.
The accident victim is in a position to name the trucking company as a defendant in any lawsuit that ends up filed in the state court system. The suit can also name the trucking company if the truck driver who caused the accident was found guilty of drunk driving or had incurred a significant number of moving violations in the past. If the employer trucking company was aware of the truck driver’s history, the plaintiff could sue the employer for negligent supervision, hiring, or retention of the problem truck driver.
Improper trailer loading. Under state and federal motor carrier regulations, truck drivers and the employing trucking companies are responsible for correctly and safely loading and securing their cargo onto the trailer. If the drivers do not load and secure the cargo loads correctly, the material can fall off and into the path of an oncoming motor vehicle. Such negligence can lead to a serious motor vehicle collision that results in injuries to the occupants of the oncoming vehicle.
When trucks haul improperly loaded cargo, it can offset the vehicle’s center of gravity, causing the driver to lose control over the truck and collide with another vehicle. When an accident occurs under these circumstances, the accident victim can file a claim or lawsuit against the responsible truck driver or the trucking company.
Negligent truck maintenance. Trucking companies and their drivers are responsible for properly maintaining their tractors, trailers, and other pieces of equipment at all times. Additionally, they should promptly make any needed repairs and replacements. Similarly, repair facilities have a duty to perform all repair work properly. When they fail to do this, and an accident occurs, these facilities can be responsible for any inflicted injuries.
Defective truck parts. Many trucks and tractor-trailers use mechanical equipment and chains when securing cargo to the trailer. When this equipment is defective, possibly from a manufacturing defect, the cargo can roll into the pathway of an oncoming motor vehicle, bringing about serious injuries.
In addition, truck braking mechanisms, steering mechanisms, and tires can malfunction due to a product defect. When that happens, and the accident victim suffers an injury, the equipment manufacturer can be on the line for damages. For example, the manufacturer may not have adequately tested the equipment before making it available to consumers for purchase.
Roadway defects. Poor roadway maintenance, such as deep potholes and other defects, cause truck cargo to become loose, and in some cases, fall into the roadway. When that happens, the cargo can directly impact an oncoming motor vehicle, leading to a collision. If the accident victim can prove that a collision resulted from a defective roadway condition, the person or entity responsible for maintaining the roadway, such as a construction company or municipality, could be on the line for damages.
If a truck accident was caused by someone else’s negligence resulted in personal injuries and damages to you, you can file a claim or lawsuit against the responsible person or entity. The knowledgeable Lawrenceville truck accident attorneys at Brauns Law Accident Injury Firm can help you seek monetary recovery for the injuries you sustained in your truck accident.
What is the statute of limitations for Lawrenceville truck accident claims?
If you are involved in a truck accident and sustained one or more injuries, you do not have an unlimited amount of time to file a claim or lawsuit in your case. Rather, you have a period of two years from the date of your accident to file a lawsuit for monetary compensation and damages.
This rule applies in almost all circumstances. If you do not file a timely lawsuit arising from your injuries, you will effectively waive your right to recover monetary compensation and damages for everything that you went through. Therefore, get a qualified legal professional on board in your truck accident case as soon as you possibly can.
The Lawrenceville truck accident lawyers at Brauns Law Accident Injury Firm will file your claim or lawsuit as quickly and efficiently as possible, bringing your case closer to a prompt and favorable conclusion.
What happens once my attorney files a lawsuit in my Lawrenceville truck accident case?
It is not always necessary to file a lawsuit arising from injuries sustained in a Lawrenceville truck accident case. Instead, your lawyer will file a suit only if the trucking company’s insurer is unwilling to pay you full and fair compensation for the injuries you suffered in your accident. Just because your lawyer files a lawsuit on your behalf, however, does not necessarily mean that your case will go to trial. In fact, many truck accident claims settle before the trial date. Nevertheless, after filing a lawsuit, your case will need to be litigated in the court system.
In a truck accident case, the litigation process begins by filing a lawsuit against the responsible individuals (such as the negligent truck driver) or entities (such as the trucking company that employs the negligent driver).
Once the defendant or defendants file an answer to the accident victim’s complaint, the parties will typically engage in a process known as discovery. This process provides the opportunity to learn more about the other side’s version of the case. As the plaintiff in a truck accident lawsuit, you must answer written questions, called interrogatories, with your lawyer assisting.
In addition, the defense counsel will take your oral deposition to find out more about how the accident happened, the injuries you sustained, and any permanent damage you sustained as a result of the accident. There can also be a settlement conference or mediation when both sides come together to try and resolve the pending case before a neutral mediator, settlement officer, or retired judge.
The knowledgeable Lawrenceville truck accident attorneys at Brauns Law Accident Injury Firm can help you throughout the litigation process and will work on your behalf to pursue the monetary compensation you deserve in your case.
What are damages in a truck accident case?
Damages in a Lawrenceville truck accident case are a monetary recovery you receive for the injuries you suffered in your accident. For you to be eligible to recover monetary compensation in the form of damages, you must first prove all of the legal aspects of your claim.
Specifically, you must demonstrate that the defendant (such as the negligent truck driver, trucking company, or some other responsible individual or entity) acted unreasonably under the circumstances. You must show that you were injured and that your injury resulted from the truck accident.
Lawrenceville truck accident cases can use damages to compensate you for all of your medical treatment bills, lost wages, inconvenience, pain and suffering, loss of earning capacity, emotional distress, mental anguish, loss of life enjoyment, loss of the ability to use a certain body part, and loss of spousal consortium.
Because damages can vary so widely from case to case, it is critical to have an experienced attorney calculate the value of your claim. The right lawyer will know how to ensure that you receive compensation for all the damages you incurred in the past and future. The experienced Lawrenceville truck accident lawyers at Brauns Law Accident Injury Firm will fight for your right to pursue and recover monetary compensation and damages for your injuries.
For Help, Call Our Lawrenceville Truck Accident Attorneys Now
Let Brauns Law, PC, help you to understand the legal remedies that are available to you after you sustain injuries in a Lawrenceville truck accident. For a free, no obligation consultation and case review, contact us online or by calling (678)-647-1314.
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Brauns Law, P.C.
892 legacy park Dr.
Lawrenceville, GA 30043