In Georgia, any party that causes serious injuries in a truck accident may face liability, or legal responsibility, for the consequences, meaning they must compensate anyone injured. Courts, attorneys, and insurance adjusters determine truck accident liability by reviewing evidence to understand whose actions led to the collision.
What Are Some Examples of Negligence in a Truck Accident?
Many truck accident cases involve negligence, meaning someone fails to behave appropriately, given the circumstances. Negligence can take many forms. For example, negligence on the part of a truck driver might involve failing to check their blind spot before changing lanes, as it demonstrates a lack of care for the motorists around them.
On the other hand, trucking companies might be negligent in their hiring, training, or oversight of their employees. For example, a trucking company that fails to check a prospective hire’s driving record might carelessly put a driver with a history of accidents on the road, where they can present a serious safety risk to others.
Can Multiple Parties Be Held Liable in a Georgia Trucking Accident?
While some truck accidents involve only one liable party, others may include mistakes on the part of several different entities. Depending on the circumstances, any one or more of the following parties could be to blame for an accident:
- Truck company owner
- Truck driver
- Cargo loaders
- Truck manufacturer.
Suppose a truck driver lets their mind drift off while approaching an area of heavy traffic. The driver hits the brakes to avoid an accident, but it’s too late. Defective parts in the truck’s air brake system, which prevent the brakes from engaging, can exacerbate the mistake. In these circumstances, the truck driver and the brake system’s manufacturer could share liability for the crash. The truck company might bear liability as well.
What Does ‘Vicarious Liability’ Mean?
Vicarious liability is a legal term for one party being legally responsible for another party’s actions. For example, since truck drivers work on behalf of trucking companies, trucking companies assume responsibility for what their drivers do while they’re on the job. Vicarious liability means a victim may be able to hold the trucking company responsible after a truck accident. This rule is important because trucking companies have more resources than individual drivers.
What Federal Regulations Must Georgia Truckers Follow?
The Federal Motor Carrier Safety Administration (FMCSA) establishes regulations that all drivers of commercial trucks and motor vehicle carriers operating across state lines must follow. These rules govern things like:
- How many hours can a commercial truck driver operate without a break (which is meant to prevent driver fatigue)
- How cargo is secured to the truck
- How often must drivers and trucking companies inspect their rigs (to prevent accidents caused by mechanical failures)
- What records a trucking company must keep
- Whether drivers can use electronic devices while behind the wheel (which is aimed at preventing distracted driving crashes)
- When a trucking company must perform alcohol or drug tests.
A truck driver, trucking company, or other party violating these regulations might be liable for a crash.
What Evidence Can You Use to Prove Who Is Liable in a Georgia Trucking Accident?
Substantial evidence is the key to proving liability in a Georgia truck accident. Potentially useful evidence includes:
- Photos of the accident scene
- Security, traffic, or dashboard camera footage
- Eyewitness accounts
- Post-accident vehicle inspections
- Toxicology reports
- Hours-of-service logs
- “Black box” information from the truck’s event data recorder (EDR)
- Employment records
- Bills of lading and other logistics documents.
In complex Georgia truck accident cases, attorneys may call on crash reconstruction experts to help them review this evidence and use it to determine how an accident occurred.
What Compensation Could You Recover After a Truck Accident in Georgia?
If other parties caused a truck accident that injured you, they could owe you money for your:
- Medical bills and future medical expenses
- Lost wages/salary
- Diminished earning potential
- Pain and suffering
- Lost quality of life
- Damaged personal property.
What Happens If You Are Partly Responsible for the Accident?
Under Georgia’s modified comparative fault rule, multiple parties may share a percentage of fault in a crash. So long as you are not 50 percent or more at fault for the collision, you can still recover compensation. However, Georgia law will reduce your compensation based on your share of fault.
So, if a truck accident victim suffers $200,000 in damages in a trucking accident and is 40 percent at fault, the most they could recover would be $120,000. That figure represents 60 percent of the damages the other parties must pay. However, if the crash victim is 60 percent at fault, they cannot recover any compensation.
The modified comparative negligence rule underscores the importance of working with an experienced attorney. Every percentage point of fault at trial translates into real dollars in your bank account. So, you must work with a lawyer who will know how to prepare and present a compelling argument on your behalf.
Is There a Statute of Limitations for a Georgia Truck Accident Claim?
Georgia’s statute of limitations places a deadline on personal injury claims. Generally, you have two years from your injuries to file a truck accident lawsuit against any responsible parties. You will likely be barred from recovering compensation if you miss this deadline.
Contact a Georgia Truck Accident Lawyer
Have you been injured in a truck accident in Georgia? If so, Spiva Law Group can help you identify the liable parties and pursue fair compensation from them. We’ve been taking on the most challenging personal injury cases since 1984, and we’re proud to have recovered more than $500 million on behalf of injured Georgians like you.
Our law firm’s highly experienced Georgia truck accident attorneys receive support from a staff of seasoned investigators, paralegals, claims managers, legal assistants, clerical assistants, and receptionists, which gives us the resources you can trust when results matter most. Don’t just take our word for it. Here’s what one satisfied client had to say about their experience with us:
“Each of these attorneys are champions for their clients. No one cares more or negotiates harder. Backed up by a superb support team … they are always prepared and available to take my call and address my concerns.”
– Patrick Anderson
Contact us today for a free consultation, and let us start working on your case right away.
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