The liable party to a truck accident is not always a simple answer. Liability can extend beyond the truck driver to several parties, each with a role in the truck’s operation and maintenance. These parties could include the trucking company, cargo loaders, manufacturers of the truck or parts, and government entities. Other motorists’ actions could also contribute to liability.
Understanding each party’s role in the trucking industry and how they could have contributed to your accident will influence the direction of your legal claim and potential compensation. An Atlanta truck accident lawyer can investigate your accident to identify all the parties liable for it. In turn, they can file insurance claims and personal injury lawsuits on your behalf to each party.
There Could Be Multiple Liable Parties to Your Truck Accident
The trucking industry has multiple people and companies involved in the shipment of goods. With so many involved, there could be more than one liable party to your accident. The liable party could include:
- Truck driver: Potentially liable for negligence, such as distracted driving, fatigue, or violating traffic laws
- Trucking company: Hold the truck company responsible and sue them for improper hiring, training, or failure to maintain vehicles, as well as regulatory violations
- Cargo loaders: Liability may arise from incorrect loading of cargo, leading to imbalance or unsecured loads that contribute to accidents
- Truck and part manufacturers: Can be held liable if the accident was caused by defective truck parts or vehicles, including brake failures, tire blowouts, or mechanical malfunctions stemming from manufacturing errors or design flaws
- Other motorists: Their reckless or negligent driving behaviors, such as speeding, failure to yield, or driving under the influence, can contribute to the cause of the accident
- Government entities: Municipalities may be held liable for accidents caused by poor road maintenance, inadequate signage, or faulty traffic control devices, leading to hazardous driving conditions
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The Difference Between At-Fault and Liable
“At-fault” refers to the party responsible for causing an accident due to negligence or breach of duty. “Liability” is the legal obligation to compensate for the damages caused by the at-fault party. While at-fault determines who caused the accident, liability involves the financial responsibility for the resulting harm.
How Does a Lawyer Determine Liability in a Truck Accident?
Determining liability in a truck accident involves an investigation to establish who is at fault and responsible for damages. The process requires uncovering all the factors that contributed to the accident. A lawyer will typically:
- Review of accident reports: Analyze police and accident reports for initial evidence of fault
- Examination of applicable laws and regulations: Assess compliance with state and federal transportation laws
- Interview witnesses: Speak with eyewitnesses to gather firsthand accounts of the accident
- Consult with experts: Enlist accident reconstruction specialists and other experts to interpret the accident dynamics
Collecting Evidence on the Truck Accident
When the law firm investigates your truck accident to determine liability, they will collect evidence to prove negligence. The types of evidence they may collect include:
- Driver’s logs and records: To check for hours-of-service violations and driver fatigue
- Truck maintenance records: To identify any neglect in vehicle upkeep
- Cargo loading documentation: To verify if improper loading contributed to the accident
- Surveillance footage: From nearby cameras capturing the accident
- Cell phone records: To determine driver distraction
- Drug and alcohol tests: Results for the truck driver post-accident
- Vehicle inspection reports: To find any mechanical failures or defects
By collecting this evidence and following these steps, a lawyer can piece together what happened, identify all liable parties, and build a strong case for their client. This comprehensive approach ensures that you have the best chance of receiving fair compensation for your injuries and losses.
Preserving Evidence in the Possession of the Trucking Company
Some of the evidence in your case may be in the possession of the trucking company. Letters of spoliation are formal notices sent to the trucking company to prevent the destruction or alteration of evidence relevant to a legal case. These letters formally request the preservation of all potential evidence, ensuring that information is safeguarded for a fair and thorough evaluation of the facts in the dispute.
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Insurance Company Policies Affecting Your Compensation
Insurance policies play a pivotal role in claims and compensation following a truck accident. The type and amount of coverage available can significantly affect the outcome of a claim. Here’s how:
- Coverage limits: Insurance policies have specific coverage limits, which cap the maximum amount that can be paid out. Higher limits can lead to more substantial compensation for damages and injuries.
- Liability insurance: Trucking companies and drivers are required to carry liability insurance, which covers damages to others caused by their negligence. The extent of the policy influences the compensation victims can receive.
- Policy exclusions: Certain conditions or types of damage may be excluded from coverage, affecting the ability to receive compensation for those losses.
Your Atlanta personal injury lawyer will understand the interplay between various insurance policies and legal requirements.
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Protect Yourself From Insurers Blaming You
Georgia’s contributory negligence law, O.C.G.A. § 51-12-33, allows for compensation to be reduced by the victim’s percentage of fault in an accident. If a victim is found to be partially at fault, their compensation is adjusted accordingly. For instance, if awarded $100,000 but found 20% at fault, the victim would receive $80,000. Importantly, victims who are more than 50% at fault cannot recover compensation under this rule, emphasizing the need for careful legal strategy.
Retain Your Right to Sue
In Georgia, the statute of limitations for personal injury claims, O.C.G.A. § 9-3-33, is two years from the date of the accident. Filing a claim after this period typically bars individuals from pursuing legal action against the parties liable for their injuries. If you want legal assistance, it’s important to seek legal consultation early so that your attorney can protect your rights to recovery.
Speak With Kaine Law Today
If you are dealing with a truck accident claim and are uncertain who is liable in your case, we can help. At Kaine Law, we’re dedicated to helping you through this challenging time. We offer free consultations to injury victims. You can get a clear understanding of your case without any upfront cost. Plus, our contingency fee services ensure that you pay us only if we win your case.
Trust Kaine Law to fight for the compensation you rightfully deserve. Contact us today.
Call or text 404-214-2001 or complete a Free Case Evaluation form
