Several parties, including individuals and entities, may share liability for a commercial truck crash. A truck driver may cause a collision by speeding or texting while operating a truck. But trucking companies, cargo loading companies, maintenance providers, or truck manufacturers could also bear part of the blame.
It only takes one careless act to cause a wreck and serious injuries, but many truck crashes involve actions or failures by more than one party. An experienced truck accident lawyer at Spiva Law Group can help you figure out who bears liability in your Georgia truck accident case and how to seek the compensation that you and your family deserve.
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What Factors Contribute to Georgia Trucking Accidents?
After a truck accident, your lawyer’s job is to determine who caused the crash so they can pursue a truck accident claim on your behalf. Numerous individuals and entities could be legally responsible for a crash, including:
- Truck driver negligence – Speeding, distracted driving, driving under the influence, aggressive driving, and driver fatigue (most often established by violations of the hours-of-service rules set by the Federal Motor Carrier Safety Administration) constitute negligent conduct by a commercial vehicle driver and may cause a crash.
- Trucking company negligence – Trucking companies may be held liable for negligent hiring (such as hiring drivers without verifying their references or records). They may pressure drivers to speed or work excessive hours to meet deadlines, fail to monitor driving behavior, and ignore patterns of safety violations. Trucking companies may also face vicarious liability, or “employer liability,” for the negligence of their truck driver employees. The trucking company’s liability would be based on its having hired the truckers and dispatched them as the company’s representatives.
- Manufacturer or mechanical failure – If faulty brakes, tire blowouts, or other truck system failures occur due to defects in production or design and cause a crash, the manufacturer or seller may be liable. A crash may also result from negligent vehicle maintenance.
- Cargo loader negligence – Professional cargo loading companies must load cargo safely in accordance with applicable federal laws. Those federal regulations require the use of proper tiedowns, load balancing to prevent the truck from rolling over, and securing loads to prevent them from falling off an open flatbed trailer onto the road or nearby vehicles.
- Government entities that maintain roads – When agencies responsible for maintaining roads, road signs, greenery along roads and highways, and exit ramps fail to do so, those entities could be liable for crashes caused by large potholes, reduced visibility, or missing road signs.
- Other drivers in bad weather – Every driver is responsible for adjusting their driving behavior in inclement weather. When a truck driver fails to adapt, the driver may be liable for a crash.
What Evidence Can Prove Who Was Responsible for the Truck Accident?
Successful truck accident claims depend on strong, clear evidence. To determine who caused the crash, we’ll collect evidence and work with skilled professionals who can interpret the data. Useful evidence can include:
- Black box data – Most commercial trucks have electronic control modules, commonly referred to as black boxes. These devices record speed, brake use, gear shifts, and sudden movements. This data helps determine whether the driver complied with traffic laws or lost control of the vehicle.
- Driver logs – Federal regulations limit the hours a truck driver may be on the road in a given period. Driver logs document how long the driver worked, when they took breaks, and whether they followed the rules.
- Maintenance schedule records – The federal government also regulates truck maintenance. Maintenance logs can reveal skipped inspections or required repairs and help establish liability for the driver and the employer.
- Witness testimony – People who saw the crash may describe details about the truck immediately before the accident, such as its speed, lane changes, or failure to stop. When the witness has no connection to the trucker or injured party, their statements carry weight.
- Photos and video – Traffic cameras and dashcams from nearby businesses can provide real-time footage of the crash. Photos or videos of the scene can document skid marks, road conditions, weather conditions, and vehicle damage.
- Testimony from experts – Testimony from professionals such as crash analysts or engineers helps explain technical issues, such as stopping distance or cargo movement, and how those issues contributed to the collision.
Can Multiple Parties Be Responsible for a Trucking Accident?
Actions by multiple parties can contribute to a single truck crash. For instance, a truck driver operates under the influence, the truck’s brakes fail due to poor maintenance, the cargo shifts during a turn, and the truck rolls over and crashes into another vehicle, three parties could be responsible for the accident — the driver, trucking company or other party in charge of maintenance, and the company in charge of loading the cargo. The injured victim could seek to hold all these parties accountable for their actions.
What If You Are Partly Responsible for the Truck Crash?
You shouldn’t assume a single mistake makes you ineligible for compensation. If you think you were partially at fault for the accident that injured you, call a lawyer right away so they can investigate the crash and get the facts. You could still be entitled to compensation, despite what the trucking company claims.
Georgia law permits injured persons to recover compensation after a truck crash, even if they share some of the blame. The rule precludes recovery entirely only if the injured person is 50 percent or more at fault. So, as long as your lawyer can show that you are not more than 49 percent to blame for the accident, they can still pursue compensation on your behalf.
However, the law reduces what you recover in proportion to your percentage of fault. If you’re 30 percent responsible, for example, you would receive only $70,000 of a $100,000 award.
Because of this rule, the trucking or insurance company might try to place more of the blame on you as a way of paying you less than you deserve. When you hire an experienced Georgia truck accident lawyer, you’ll have someone on your side who will fight back against these attempts. Your lawyer can recover evidence to show who was at fault for the crash, seeking to maximize your recovery by minimizing your share of fault.
Contact a Georgia Truck Accident Lawyer
Since 1984, Spiva Law Group has handled the toughest personal injury cases in Georgia. Our law firm focuses only on catastrophic injury claims. We know how to take on large trucking companies and their insurers. Our record includes securing more than $500 million for people who have suffered severe injuries through no fault of their own. See what past clients say about working with us.
If you suffered injuries in a collision with an 18-wheeler, contact us for a free consultation. You can talk with one of our truck accident attorneys, who will review your case and advise you about your options.
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