A truck accident can involve multiple at-fault parties. While the truck driver might be at fault for what happened, their company may also be to blame directly or vicariously as the driver’s employer. As a result, you may have legal claims against a truck driver and a trucking company after a truck accident in Savannah or elsewhere in Georgia.
What Are Some Examples of Truck Driver Negligence?
Truck drivers may cause trucking accidents due to their negligence.
Common examples of careless or reckless mistakes that truck drivers can make include the following:
- Speeding
- Driving too fast for conditions
- Improper braking
- Tailgating (following too closely)
- Turning or changing lanes without signaling
- Failing to monitor blind spots
- Running red lights or stop signs
- Improper wide turns
- Backing up without checking behind the vehicle
- Failing to yield the right of way
- Reckless driving
- Drowsy or fatigued driving
- Distracted driving, including texting while driving
- Impaired driving
- Failing to inspect, balance, or secure the cargo load
- Failing to conduct pre-trip vehicle inspections.
What Does ‘Vicarious Liability’ Mean in Truck Crashes?
In a truck accident claim, “vicarious liability” refers to a legal claim that an injured accident victim may have against a negligent truck driver’s employer. Under this doctrine, an employer bears liability for negligence committed by its employees while in the course and scope of their employment. When a trucking company employs a truck driver who causes an accident due to their negligence, vicarious liability means that an accident victim can pursue a legal claim against the company.
What If the Truck Driver Is an Independent Contractor and Not an Employee of the Trucking Company?
In the trucking industry, many truck drivers work as independent contractors rather than as employees of trucking companies. These drivers may own or lease their rigs and offer services to any trucking or shipping company.
However, when a truck driver works for the trucking company as an independent contractor, an injured truck accident victim cannot pursue vicarious liability against the trucking company when the driver causes a truck accident. Vicarious liability applies only when the truck driver and trucking company have an employer-employee relationship.
Still, a trucking company may bear liability for a truck accident even if the truck driver who caused it works as an independent contractor. For instance, an injured truck accident victim may have a claim of negligent retention against a trucking company if the company hired the truck driver when it knew or should have known the driver posed a substantial risk of causing an accident. Contact our Savannah semi truck accident lawyer today.
When Can You Sue Both the Truck Driver and Trucking Company?
An injured victim may pursue a truck accident lawsuit against a truck driver and trucking company under circumstances that include the following:
- The truck driver caused the accident, and the trucking company has an employer-employee relationship with the driver.
- The truck driver and trucking company both committed negligent acts that caused the accident. For example, the trucking company failed to maintain the vehicle, and the truck driver failed to conduct a pre-trip inspection that would have discovered the mechanical issue that caused the accident.
- A truck driver employed as an independent contractor caused an accident, and the trucking company negligently retained the driver to transport cargo for the company.
Could Other Parties Be At Fault for the Trucking Accident?
Other parties besides a truck driver or trucking company can also bear responsibility for causing a truck accident. Those parties may include the following:
- Shipping companies that improperly load cargo into the truck or trailer
- Third-party mechanics or auto shops that negligently service the truck involved in the accident
- Truck or auto parts manufacturers who build defective parts or vehicles
- Truck owners (if not the truck driver or trucking company) who fail to maintain the vehicle.
What Evidence Is Needed to Prove Who Was At Fault for the Truck Accident?
You will need evidence to establish everyone who might be at fault for the truck accident that injured you. This evidence might include the following items:
- Police accident reports
- Surveillance or traffic camera or dashcam footage
- Accident scene photos or videos
- Witness statements
- Truck event data recorder (“black box”) logs
- Truck driver hours-of-service logs
- Cargo manifests
- Truck maintenance records
- Accident reconstruction expert reports and testimony.
What Types of Compensation Might I Be Eligible for in a Truck Accident Claim?
A successful truck accident claim can provide you with compensation for the following losses you may suffer as a result of the collision:
- Costs of medical treatment and rehabilitation for injuries
- Vehicle repair expenses or reimbursement for a totaled vehicle
- Costs of long-term care for prolonged or permanent disabilities
- Lost wages and other income from missed work
- Loss of future earning capacity if you become disabled from your job and other forms of employment
- Physical pain and emotional distress
- Reduced quality of life caused by disabilities or significant scarring or disfigurement from your injuries.
Contact a Georgia Truck Accident Lawyer
If you suffer injuries in a truck accident in Georgia, you may have claims against the negligent or reckless truck driver or trucking company that caused the accident. The experienced personal injury attorneys of Spiva Law Group are here to help you. Since 1984, we have recovered over $500 million for accident victims in Savannah and throughout Georgia. Contact us today to learn more and discuss your case in a free consultation.
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