You may sue the trucking carrier and driver after a truck accident. 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.
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.
For a free legal consultation, call 404-214-2001
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 the:
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.
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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) 214-2001.