Unlike ordinary cars, large trucks need ample braking distance to come to a complete stop. If a truck does not have adequate stopping distance, it can crash into vehicles ahead and cause devastating damage. At Miller Legal Services, Marietta truck accident lawyer Norman Miller has years of experience handling complex personal injury cases. We can meticulously examine the facts of your case and help you seek the damages that you deserve.Pursuing Compensation from a Negligent Driver
Stopping distance is defined as the distance that a vehicle will travel from the time when the brakes are pressed to when it comes to a complete and full stop. A truck does not stop at the moment that a truck driver hits the brakes. Several factors affect stopping distance, including the truck’s size, weight, and tires, as well as the road’s surface. Trucks require a far greater stopping distance than average passenger cars. As a result, drivers need to leave enough room between their vehicle and the vehicle ahead to react to unexpected conditions on the road.
Truckers have an obligation to leave adequate space to stop safely. If you were injured because a truck driver followed you too closely and did not maintain enough stopping distance, you may be able to recover compensation under the theory of negligence. This arises from a failure to use reasonable care, which in terms of operating a motor vehicle is defined as how an ordinary, prudent person would act in similar circumstances. Put another way, acting with reasonable care means avoiding behavior that could cause foreseeable harm. In order to assert a negligence claim, the plaintiff must show the following elements:
- The truck driver owed the victim a duty of care;
- The truck driver failed to meet this standard by following too closely;
- These careless actions caused the crash; and
- The plaintiff sustained actual damages as a result.
In many cases, a plaintiff can file a lawsuit against the trucking company for which the driver works. This is true even when the truck driver’s own negligence caused the accident. Employers will typically be liable for the careless conduct of employees who were acting within the scope of the employment relationship at the time of an accident. For example, a trucking company may be liable if a truck driver delivering cargo fails to maintain an appropriate stopping distance and causes an accident.
If negligence is established, a plaintiff may be able to recover compensation for any harm suffered. Typically, he or she will be entitled to medical expenses, lost wages, pain and suffering, property damage, and any other economic or non-economic costs and losses arising from the accident.Consult a Marietta Lawyer for Your Motor Vehicle Collision Claim
Knowledgeable Marietta injury attorney Norman Miller can investigate an accident in which you were involved to determine if insufficient stopping distance was the cause of your harm. We understand how the carelessness of a truck driver can cause devastating harm to both motorists and pedestrians. We provide diligent and knowledgeable representation to people who have been involved in all types of accidents. Our firm also represents individuals from Roswell, Smyrna, and other cities throughout Georgia. Call us at 770-284-3727 or contact us online to set up a free consultation.