Tag Archive for: personal injury lawyer

The Risks Semi-Trucks Pose On The Roads

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When a truck driver is negligent, the likelihood of an accident occurring on a Georgia roadway is much higher. When something like this happens, it is often the driver and the trucking company that they work for that have to answer for this mistake. This is likely in the form of having to pay for both the injuries and the damages that were caused to the innocent victims of the accident. While this is similar to any other type of vehicle accident that occurs on the roads, semis and tractor-trailers are unique in that they can easily cause what is know an a jackknife accident. There is also the potential for the entire vehicle to roll over because of unbalanced cargo, causing many injuries and often, death.

If you are someone who has sustained an injury as a result of a trucking company or trucker’s negligence, you don’t have to simply try to move on. In fact, you might be entitled to some serious compensation. The Monk Law Firm is here to discuss the details of your accident, fully evaluate your claim, and negotiate for you with both the insurance company and the other party. We can even litigate your case if it reaches the point of going to court. However, before you give us a call, let’s take a more in-depth look at semi-truck accidents.

Rolling Over

When it comes to trucks, big-rigs and tractor-trailers, the likelihood that they will roll over during a collision or wreck of some sort is fairly high. At least it is much higher than it would be for a car or van to do so. These types of vehicles also have to comply with the regulations set forth by the  Federal Motor Carrier Safety Administration. These rules place restrictions on things like the weight of the vehicle, how much can be included in one load, what is considered to be an oversized load and how much cargo can be on a trailer.

When there are issues with the aforementioned regulations, the trailer can easily overturn which can lead to multiple scenarios, such as multi-vehicle chain reaction collisions, the spilling of chemical or hazardous waste on the roads, and the cargo on the trailer to come loose from the trailer and fall out onto the roadways. Additionally, tractors and trailers can become separated and come apart in the middle of a road, leading to severe accidents.

Driving Habits of Truckers

Those who drive large trucks and tractor-trailers are known to switch lanes often and move around other smaller vehicles at fairly fast speeds. This is all done with the hope that they will arrive at their destination sooner rather than later. There is also often a financial incentive for doing so. However, if they are not driving safely as they do so, they will be held responsible for any injuries or damage they cause while they are behind the wheel.

One example is what happens when a trucker chooses to drive too quickly around a curve in the road. This could easily lead to the trailer jackknifing, causing a huge accident, harming many people. The driver and the trucking company would be responsible for all the consequences of that decision.

Negligent Driving

Semi trucks are large, heavy, and fast. When these drivers do not use their heads and end up making irresponsible decisions on the roads, many lives are put in danger. Some of the negligent decisions that you should keep an eye out for when you are on the road with a semi are as follow:

  • Distracted Driving
  • Speeding
  • Using a cell phone while driving
  • Driving while under the influence of alcohol and drugs
  • Not obeying traffic control devices (stop lights, stop signs, etc.)
  • Failing to yield to other traffic
  • Driving while fatigued
  • Changing lanes abruptly
  • Not using turn signals
  • Driving around curves too quickly
  • Driving too fast when road conditions are bad

Injuries Caused By Truck Accidents

For the most part, truck accidents occur on highways and do involve extreme circumstances like jackknifing, rolling over, and uncoupling. Since the trucks are normally traveling at higher speeds when an accident like this occurs, it means that small vehicles and those who are in them are very likely to sustain serious injuries when they are involved. These are often things like traumatic brain injuries, broken bones, fractures, paralysis, abrasions, spinal injuries, scarring, and in the very worst of cases, death.  

Proving Liability

In order for liability to be proven, the injured party (or their legal team) have to be able to prove negligence on the part of the trucker or the trucking company. This means that the plaintiff who has been injured has to be able to show that the trucker who is at-fault has a duty to be a safe and careful driver and that was not indeed what happened. This breach of duty is the sole ground for proving liability and getting you the compensation you deserve.

Have You Been Injured By A Semi?

If you have been injured in an accident that involved a tractor-trailer, you need to help of a caring legal team. At The Monk Law Firm, we care about our clients before everything else and we will work to get you what you deserve after being involved in an accident. Contact us today to learn more about what we can do for you moving forward after your semi-truck accident.

Information You May Not Have Known About Motorcycle Accidents

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It seems that nowadays more than ever before there is an abundance of motorcyclists on the roads. While we, as accident attorneys, understand the rush that comes with being on the open road on your bike, we also have to speak to the importance of knowing how to be safe. This is not only advice that is beneficial to those who are riding the motorcycles, but also those who are on the roads at the same time as those who are taking a spin on their motorcycle.

In Georgia, you are, of course, required by law to wear a helmet while you are operating or riding on a motorcycle. We for one, think this is intelligent as wearing a helmet is intuitively safer, protecting users from obtaining a serious head injury in the event of an accident. When not wearing a helmet, the likelihood that a person will sustain a concussion, fractures, or even a traumatic brain injury is much more likely. These often lead to the victim suffering from permanent impairments and complications.

It is also important to realize that because helmets are required, any injury you sustain while you are not wearing one, will leave you unable to pursue compensation.

Motorcycle Injuries Can Be Serious and Permanent

Sure, not every single motorcycle accident results in death. However, a good amount of them do result in serious and life-threatening injuries. These can include a number of things like traumatic brain injuries(from concussions to permanent damage to the brain), injured to the spinal cord(many that result in paralysis) and external injuries like broken bones and abrasions.

Motorcyclists Are In More Danger Than Drivers

For the most part, people understand just how dangerous driving a motorcycle can be. In fact, it is not uncommon for you to hear people refer to motorcycles as “death traps” or “death machines”. Since motorcycles do not have any enclosures to offer protection, it makes sense that those who drive motorcycles are at fairly higher risk of being injured than their car-driving counterparts.

While you may be taking a risk by choosing to rise a motorcycle, this does not mean you are not entitled to compensation in the event of an accident if you were wearing a helmet. The right attorney can help you to get the payout you deserve.

Cars Should Be A Concern

Much of the time, motorcyclists are painted in a bad light by society. They are thought to be wild and irresponsible, which for the most part could not be further from the truth. Motorcyclists are actually very responsible when it comes to occupying the roads. In fact, other parties on the road tend to be the ones who cause the majority of accidents that involve motorcycles. The most common causes of motorcycle accidents are as follow:

  • Cars making left turns in front of a motorcycle
  • A car changing lanes into the motorcycle because they do not check their blind spot
  • Rear-end collisions as the driver of the car does not stop soon enough at stoplights and intersections

Can Motorcyclists Get Compensation After An Accident?

There are several ways a motorcyclist can recover compensation after an accident. The following are the most common expenses and other costs that come with a motorcycle accident:

  • Damages that come from medical expenses that will aid the victim in recovering.
  • Damages for future medical expenses that are related to the injuries sustained in the accident
  • Rehabilitation costs
  • Damages for pain and suffering, specifically emotional pain that the person sustained because of the accident
  • Lost wages, which are based on the earning capacity of the injured person. This is especially relevant when the accidents sustained have prevented the injured party from returning to work.

Need A Personal Injury Attorney?

It is important as someone who drives a motorcycle that you acknowledge that you are putting yourself at risk each time you decide to go for a ride. Just because you are safe, doesn’t mean everyone else will be. If you have been injured in a motorcycle accident and you are curious about how you can receive compensation for the injuries you have sustained, contact The Monk Law Firm today! Our talented legal staff will go above and beyond for you. We will fight as hard as we can to get you the outcome you desire.

What Questions Should You Ask When Hiring A Lawyer

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One of the most common reasons people need to hire a lawyer is that they have been injured in a car accident. Since there is always the possibility of long-term care being required, as well as damages, it makes sense that an attorney would be needed. On the other hand, this is often the first incident in many people’s lives that require a lawyer and therefore, they aren’t quite sure where to start. If you want to make sure that the first attorney you hire is the right attorney, we can assist you. Continue reading below to uncover the right questions you should ask your potential counsel if you want your case to turn out as positively as possible.

The Right Questions

If you have been injured in a traffic accident, having a lawyer who you can trust is an absolute must. After all, there is a lot on the line here. If the case does not go accordingly, you stand to lose a lot of time and money. Some of the most important questions you should not forget to ask a lawyer before you hire them are as follows:

  • How long have you practiced as a personal injury lawyer?

  • Have you handled a lot of cases like mine in the past?

  • What sorts of cases do you most often handle? Are they traffic injury accidents?

  • Can I see your professional credentials?

  • Approximately how many traffic accident cases have you taken in an average year? How many resulted in settlements? How many went to trial?

How Will This Specific Lawyer Handle Your Case?

If you want the best outcome possible, you need to have complete faith in how a specific attorney will handle your case. This means you need to ask some questions that may make you feel a bit intrusive. However, this is your right. You need to know how a specific lawyer will work with you and how they have handled cases in their past. While a hands-on approach is preferred by some and a more relaxed approach is preferred by others, the right answer can only be decided by you and you alone. If you want to make sure your attorney is going to do exactly what you need from them, you may consider asking the following questions:

  • How will you manage my case? And will you be splitting the workload with another attorney at the firm?

  • Who is going to make court appearances? Who is going to attend negotiations?

  • Who is going to be your day-to-day point of contact?

  • Is your case going to require that there are expert witnesses? If so, who will they be and what is their purpose?

  • How often will they check in and give you a better idea of what is happening in your case?

  • How can you get ahold of your lawyer and how often should you expect to hear back from them?

Case Weaknesses and Strengths

When you hire an attorney, it’s extremely important that you know what the likelihood of a positive outcome is. Your attorney needs to inform you of the possible roadblocks in your case, as well as how likely it is that you will get the desired outcome. While it may not always be easy to hear the truth, knowing upfront is likely going to save you a good amount of money and time. This will also give you a better idea of whether your case is likely to end in a settlement or if you are going to be heading to court. Your lawyer can also let you know if mediation or arbitration are options in your specific case.

You should also ask what the timeline of your case is. Knowing how long you have to manage your finances while you wait to find out if you are going to be receiving compensation for your damages is important. Without asking this, it’s not completely out of the question that you would end up unable to support yourself as the negotiations or trial are going on. While your attorney may not have an exact timeline for you, it certainly cannot hurt to ask.

How Much Is Your Case Going To Cost You?

Lastly, you’re going to know how much their representation is going to cost you in the grand scheme of things. Is your case going to cost you money upfront? Is there a contingency fee or an hourly rate? What about a retainer fee or a total cost if the case does not turn out the way you want it to?

Your Trusted Atlanta Area Attorney

If you have been injured in an accident and you want to get the best possible outcome, approaching the right law firm is key. Monk Law Firm services clients in Atlanta and in surrounding areas like Lawrenceville, Roswell, Athens, and Sandy Springs. For more information about of legal services, call us today or stop by our office to schedule an appointment.