You may sue the trucking carrier and driver after a truck accident, and a lawyer will help you with this. In some cases, the truck itself may have had equipment failure, allowing you to sue the manufacturer. Other parties may be liable depending on the circumstances of your accident.
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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When the Truck Driver & Carrier Are Liable?
If a truck driver is at fault for your accident, the driver is liable for your damages. Negligent truck drivers may cause accidents when they drive while fatigued or impaired, drive aggressively, or fail to maintain their vehicle or cargo.
But the truck driver is often an employee of a larger carrier, which may make the trucking carrier liable for your injuries. If a truck driver caused your accident and is driving for the carrier, then the carrier is generally vicariously liable for your injuries and damages.
In other cases, a truck carrier’s own negligence will contribute to the accident. Some examples of truck carrier negligence include:
- Hiring unqualified truck drivers
- Failure to conduct regular inspections of the truck
- Failure to perform regular drug screenings
- Requiring truckers to drive beyond hours of service limits
How Big Truck Carriers Try to Avoid Liability?
A trucking carrier may attempt to deny or limit its liability for your injuries by:
- Undervaluing your claim
- Shifting responsibility elsewhere
- Calling your injury a preexisting condition
- Pressuring you to accept a lowball settlement offer
- Attempting to discredit your statements
Our truck accident lawyers can deal with these tactics and communicate with the truck carrier and insurance companies on your behalf.
Other Parties That May Be Liable for a Truck Accident
In addition to the driver or carrier, other third parties that may hold liability for your accident include the manufacturer of the truck as well as government entities responsible for roadway maintenance or repair.
Liability for Defective Trucks or Truck Parts
The Federal Motor Carrier Safety Administration (FMCSA) reports that the truck is the critical reason for 10% of truck crashes. If a problem with the truck caused or contributed to your accident, you may be able to sue the truck or parts manufacturer. Equipment failure can include:
- Tires
- Trailer
- Cab
- Engine
- Brakes
- Lights
Other parties that may be liable for a malfunction with the truck itself include the vehicle’s designer or those tasked with maintaining or repairing the vehicle.
Liability for Defective Roadways That Cause Truck Accidents
Hazards like poorly maintained roads, lack of signage, or similar roadway problems can point to a city, state, or county entity tasked with maintaining the roads. These parties may be liable if a roadway defect is to blame for your crash.
Pursuing Multiple Defendants in a Truck Accident Lawsuit
You can hold multiple parties accountable if they all contributed to the accident.
For example, suppose a truck driver was driving aggressively without exercising due care and struck a pothole that had been present on the highway for weeks. In that case, the truck driver, truck carrier, and even the organization responsible for road maintenance could be liable.
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Limited Time to Sue After a Truck Accident
Georgia’s statute of limitations for a personal injury lawsuit, including for a truck accident, is generally two years (O.C.G.A. § 9-3-33). However, that window can be shorter for suing a city, county, or state.
Get started on your case now to avoid running into deadlines that affect your ability to file your lawsuit.
Causes of Accidents Involving Truck Driver Negligence
The Federal Motor Carrier Safety Administration (FMCSA) reported 140,000 crash events involving large trucks in 2020 alone. Trucking accidents can involve many factors and several parties whose negligence might have contributed to the crash. Truck driver negligence can include:
- Driving for too long without taking legally required rest breaks
- Driving while under the influence of illegal drugs or medication
- Unsafe driving due to unreasonable or incentivized delivery schedules
- Distracted driving (e.g., texting behind the wheel)
- Fatigued driving
Trucking company negligence can include:
- Errors in loading and securing cargo
- Poor fleet maintenance
- Insufficient training and employee background checks
- Defective vehicle parts
Whatever the accident circumstances, we can help get to the root of who is responsible.
How Vicarious Liability Laws Affect Truck Accident Cases?
While a trucking company’s negligence can cause an accident and leave it directly liable for any injuries that occur, the company can also be vicariously liable. Vicarious liability laws hold that an employer is liable for any actions its employees take within the “scope of their employment.”
This means that if a driver causes an accident while delivering a load or otherwise performing their job duties, the trucking company can share liability. Our team will determine if we can hold the trucking company vicariously or directly liable for your injuries.
The Difference Between At-Fault and Liable in Your Truck Accident Claim
“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.
The Benefits of Seeking Legal Representation
Seeking legal representation, especially if your injuries are significant, can mean peace of mind and far less stress. Our lawyers shoulder the legal responsibility while you focus on your recovery. We help you navigate the complex legal process and fight for a fair settlement by:
- Investigating the driver, trucking company, and accident scene
- Gathering evidence (and issuing formal requests that the trucking company preserve any evidence they hold, such as inspection logs, data from onboard recording devices, and employee records)
- Identifying liable parties
- Estimating the financial impact of your injuries and other related losses, both current and ongoing
- Filing your injury claim
- Answering any questions you have and keeping you informed of case progress
- Negotiating with insurance companies or their legal team
- Reviewing settlement offers
- Representing you in court, if your case goes to trial
- Handling your case with no upfront fees
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.
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.
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.
Call Kaine Law If You Were in a Truck Accident in Georgia
Understanding who to sue after your truck accident is just the first step. Attorney Evan Kaine and the team at Kaine Law will identify who is liable for your damages and help you pursue compensation. Call our office today for a free consultation: (404) 882-2966.
Call or text 404-214-2001 or complete a Free Case Evaluation form
