Whether collecting garbage, towing cars, or delivering cargo, trucks perform essential services to residents of Milton, Georgia. However, if you end up in an accident with one of these trucks, you will experience severe physical and financial consequences. To mitigate the consequences and restore your financial security, call on the skills and expertise of a Milton truck accident lawyer from John Foy & Associates.
Your lawyer will give your case the individual attention it deserves to deliver you the settlement you need.
Truck Drivers and Companies Owe You a Duty of Care
Each driver on the road owes all others on the road a duty of care. In other words, all drivers are legally responsible for operating their vehicles safely, taking care to avoid risky driving behaviors, and taking actions to promote safety.
While traffic laws and insurance requirements apply to all drivers, truck drivers must comply with additional regulations. The Federal Motor Carrier Safety Administration (FMCSA) documents comprehensive and specific regulations addressing, among other areas,
- Length of drivers’ shifts and mandatory rest periods
- Load weight
- Load distribution and placement on the trailer
- Restraints, both number and type, used to secure loads
- Compliance with and documentation of truck inspection and maintenance schedules
- Driver licensing and training requirements
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How Breaches in Duty of Care Cause Milton Truck Accidents
Often, truck accidents result from a breach in the duty of care truck drivers and companies owe you. In some cases, the breach is obvious. For example, a driver may operate the vehicle while intoxicated, speed, drive recklessly or while distracted, or fail to obey traffic laws.
Other times, discovering the breach may require deeper investigation. Your truck accident attorney in Milton has the insight and experience needed to complete this crucial investigation thoroughly. The investigation may reveal the following (or a variety of other) breaches of duty:
- Overloaded Trucks: Overloaded trucks increase the possibility of drivers losing control of their vehicles, especially when moving at moderate or high rates of speed. Tire blowouts and other mechanical failures are also more probable when trucks exceed their legal weight allowance.
- Defective Parts or Mechanical Failure: FMCSA requires regular truck inspections and maintenance to find and fix a truck’s mechanical problems before that truck hits the road. Failure to look for or recognize problems with brake, suspension, steering systems, or any other mechanical aspect can lead to preventable but devastating accidents.
- Unsecured Loads: Failure to comply with FMCSA securing regulations can cause cargo to fly off a trailer and into another vehicle, fall off the trailer and create road hazards, or cause the entire truck to overturn.
How Your Truck Accident Lawyer in Milton Can Prove Breach of Duty
To collect a settlement, you must prove the breach in duty of care caused your accident and cost you damages. Through the investigation, your lawyer will discover the breach or breaches, identify the responsible party or parties, and collect evidence to prove the breach led to your damages.
Evidence can take many forms, including witness statements and photos or video, traffic camera footage, vehicle inspection reports, background information on the driver, police reports, and input from outside experts.
Responsible parties may include:
- Truck drivers, if risky driving behaviors or driver errors caused the accident, or if they failed to carry out daily FMCSA-required inspections.
- Truck companies, if they failed to train and ensure licensing of their drivers, and/or did not carry out required inspections.
- Vehicle part manufacturers, if defective or improperly installed truck parts led to the accident
- Vehicle inspectors, if they failed to complete thorough inspections or notice vehicle problems.
Negotiating Truck Accident Settlements Is Complicated
Settlements are usually paid through the at-fault party’s insurance company. In some cases, the at-fault party must also pay from their own assets.
Truck accidents often involve more than one insurance company. Drivers have insurance, as do the truck companies. Truckers often own and insure the truck cabs, while trailers and cargo are insured by other entities. Negotiations are bound to be challenging as you can expect each insurance company to deflect blame from their party and point the finger at another, all while you continue to suffer financial, physical, and emotional distress.
You can trust your Milton truck accident attorney from John Foy & Associates to stop the finger-pointing tactics and hold the at-fault party or parties responsible. Your lawyer will not accept inadequate settlement offers and, with fierce negotiating skills, will work to get you every cent you deserve.
You Need a Significant Settlement Following a Milton Truck Accident
Truck accidents usually cause major damage. Passengers and their vehicles are clear underdogs in truck-involved crashes, often sustaining catastrophic damage and injuries with lifelong effects.
In all likelihood, your injuries will render you unable to work at all or unable to work in the capacity you did prior to the accident. You may not be able to care for your needs independently, putting further strain on your emotional health and your loved ones. Your car will probably be totaled.
Loss of income, mobility, and property, along with significant medical expenses and continued medical care, demand substantial compensation. The emotional suffering you endure from your pain, changes to your life, and the trauma of the accident all deserve financial recognition and justice.
If your loved one was killed in a truck accident, your truck accident attorney in Milton can pursue a wrongful death claim. Compensation can cover death expenses and related medical costs, loss of income, and loss of relationship.
The Time to Consult with a Truck Accident Attorney in Milton Is Now
Do not wait any longer to reach out to a Milton truck accident lawyer. Early access to your situation gives your lawyer access to evidence while it is still fresh and available and time to file your claim well within Georgia’s statute of limitations. The sooner you file, the sooner you can hope to see financial relief.
Contact John Foy & Associates today. You can call or send an email, and we will respond promptly. We look forward to securing your present and future financial situations and getting you the justice you deserve.