Trucking is vital to the American economy. As a result, cars and motorcycles routinely drive alongside big rigs on state roads and on major freeways. Unfortunately, this reality means that truck accidents are common in Georgia and throughout the United States. Since these vehicles are massive machines, the consequences of wrecks caused by brake failure are often devastating for others on the road. At Miller Legal Services, our skilled truck accident lawyers understand the seriousness of these events and are committed to helping individuals near Marietta seek the compensation they deserve for the harm that they have suffered.File a Negligence Claim to Pursue Compensation
Brakes are necessary to allow drivers to react and stop at a safe distance from other motorists on the road. There are a number of reasons that a truck’s brakes can fail, but it is often due to poor maintenance or a defect. In rare cases, a manufacturer will recall certain vehicle parts, and the trucker will not know of the recall or will simply fail to act, which also can be the cause of brake failure. In other instances, it can arise from a combination of events.
Commercial drivers and trucking companies have an obligation to ensure that their vehicles are routinely inspected and maintained in safe conditions. If you or someone close to you has been hurt in a truck accident, you may have options under the law. Typically, the injured party can file a negligence lawsuit and seek damages from the at-fault party. Negligence is a failure to use reasonable care in one’s actions that results in harm to someone else. In other words, negligence is the failure to take proper care when doing something.
To prevail on a negligence claim based on a brake failure wreck, the victim must establish the following elements:
- The defendant had a duty of care to keep the truck in safe conditions;
- The defendant breached that duty of care by failing to properly maintain the brakes;
- The defendant’s breach caused the wreck; and
- The victim suffered actual injuries and damages.
Reasonable care is usually defined according to how an ordinarily prudent person would have behaved in the same or similar situation. Thus, what is considered “reasonable” will vary depending on the circumstances. Violating one of the state or federal regulations on proper maintenance of a truck, however, likely will fall below this standard.
Under Georgia law, there is a maximum amount of time an individual has to file a civil lawsuit, known as the “statute of limitations.” In automobile accident cases, the statute of limitations in Georgia is two years, which begins to run on the date of the accident.
Depending on the severity of the injuries, you may be able to recover medical expenses, lost income and benefits, rehabilitation costs, pain and suffering, emotional distress, damage to your vehicle, and more. The payment can be received either in installments or in a lump sum settlement.Discuss Your Motor Vehicle Wreck with a Marietta Lawyer
If you or someone you know has been injured in a wreck due to a truck’s brake failure, the lawyers at Miller Legal Services can help. We understand the massive toll an accident can have on you and your loved ones. Norman Miller is an experienced motor vehicle wreck attorney who has helped countless individuals near Marietta hold negligent individuals and entities accountable. We are committed to providing timely and effective guidance to all of our clients. We proudly represent people in Roswell, Smyrna, and throughout Georgia. To learn more about your legal rights and options, call us at 770-284-3727 or contact us online for a free consultation today.