After a truck accident, one of the first questions victims ask is whether the trucking company can be held responsible. In many cases, the answer is yes. A trucking company may be liable if its own actions contributed to the crash or the truck driver was working at the time and caused the collision.
If you suffered injuries in an accident with a commercial truck, an experienced Georgia truck accident lawyer at Spiva Law Group can tell you more about how to hold the trucking companies accountable and pursue compensation through a truck accident claim.
When Can a Trucking Company’s Negligence Result in Liability for a Truck Crash?
Trucking companies have a duty to all road users to take precautions and act responsibly to avoid causing accidents. When a trucking company’s actions, policies, or failures contribute to an accident, its negligence or failure to abide by this duty can make it liable for any resulting harm.
Trucking company negligence may involve the following common issues that come up in these cases:
- Hours-of-service violations – Trucking companies may increase the risk of fatigue-related crashes when they pressure drivers to exceed federal driving limits.
- Negligent hiring – A company may be responsible if it hires drivers with poor driving records, substance abuse issues, or prior safety violations.
- Inadequate training – Failure to properly train drivers in vehicle operation, cargo handling, or safety rules may increase the risk of accidents.
- Poor maintenance – Companies that omit inspections or delay repairs may be liable for mechanical failures that cause a collision.
What Does Vicarious Liability Mean When It Comes to Trucking Companies?
Vicarious liability is a legal principle that holds a trucking company liable for the actions of its employees, even if the company itself did nothing wrong. In other words, if a truck driver causes a crash while performing their job-related duties, their employer may be liable for the resulting harm and losses. Vicarious liability applies when the driver is operating within the scope of employment at the time of the accident. If the driver is an independent contractor, vicarious liability may not apply.
How Can Evidence Prove a Trucking Company Is Liable?
Evidence is central to proving that a trucking company played a role in causing a crash. In the absence of clear documentation or records, it can be difficult to establish the company’s contribution to the accident. An injured party typically must show that the company failed in its responsibilities by pointing to specific types of evidence that tie its conduct to the collision, such as:
- Black box data from the truck
- Employment records, including hiring and training documents
- Driver logs and hours-of-service records
- Inspection and maintenance reports
- Witness statements
- Surveillance footage or dashcam videos
- Federal Motor Carrier Safety Administration (FMCSA) records
- Electronic logging device and GPS data
- Internal company communications or dispatch records.
Gathering evidence from a truck crash can present unique challenges. Trucking companies (and their insurance companies) often control the relevant records and have an interest in keeping them confidential. An experienced Georgia truck accident attorney can take quick action to preserve key documents before they are lost, altered, or destroyed.
Could Multiple Parties Be at Fault in a Trucking Accident?
Liability isn’t always limited to the driver or trucking company. The trucking industry comprises many moving parts and separate entities. A single truck might be owned by one company, operated by another, maintained by a third, and loaded by yet another party. Each party has distinct responsibilities, and when one fails to meet safety standards, a crash can result. Other parties that may share fault include:
- Cargo loaders – Improperly secured or overloaded cargo may shift during transit, resulting in rollovers or loss of vehicle control.
- Maintenance personnel – If brakes, tires, or steering components are not properly serviced, mechanical failure may result in a crash.
- Manufacturers – Defective parts can make a truck dangerous even when trucking companies and technicians keep it properly maintained.
What Happens If Multiple Parties Contribute to a Truck Accident in Georgia?
When more than one party is responsible for a truck accident, Georgia law allows injured individuals to pursue compensation from any or all of the at-fault parties. Each party involved, including the plaintiff, can be assigned a percentage of fault. As long as the injured person is less than 50 percent responsible, they may still recover compensation, although the amount gets reduced.
Identifying all liable parties and determining their percentages of fault is essential to pursuing full and fair compensation after a collision, as it can affect the amount and sources of available compensation through a truck accident lawsuit or claim.
How Can a Lawyer Help You Determine Liability in a Trucking Accident?
Determining who bears legal responsibility for a truck accident requires detailed investigation and familiarity with state and federal trucking regulations. A skilled Georgia truck accident lawyer can handle this process for you.
They’ll gather and review the evidence – including driver logs, maintenance records, employment files, and other data unique to truck accident cases – identify all potentially liable parties, and consult with experts when needed.
Your attorney will also take some steps that require familiarity and experience with truck accident claims. For example, they may send preservation letters to ensure critical records are not lost or destroyed. They can also turn to their knowledge of FMCSA regulations to evaluate whether the trucking company’s policies or oversight contributed to the crash and build a case that clearly connects those failures to your injuries and losses.
Contact a Georgia Truck Accident Lawyer
Trucking companies often play a significant role in accidents involving their drivers and vehicles. Establishing the trucking company’s liability requires a careful, informed approach to investigation. Spiva Law Group has tackled Georgia’s toughest personal injury cases since 1984 and secured over $500 million for our clients, including truck accident victims and their families. Our law firm focuses exclusively on cases involving serious injuries. We are committed to service, strength, and results.
If you got hurt in an accident with a commercial truck, get the support you need to pursue the compensation and justice you deserve. Contact Spiva Law Group 24/7 to get started with a free consultation.
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