Commercial vehicle accidents are a significant concern in traffic, as the size and weight of these vehicles lead to increased risk while on the roads. Being involved in a commercial vehicle accident can have devastating consequences.
Here is everything you need to know if you’ve been involved in such an incident, and how a truck accident lawyer in Kennesaw, Georgia, can help protect your rights.
Increased Risks
Commercial vehicles are often heavier and larger than commercial passenger cars. This increase in size and weight leads to more serious accidents, often causing more severe injuries. Driver fatigue, improper vehicle maintenance and delivery deadlines often add to these risks, making commercial vehicle accidents a common occurrence.
Commercial vehicles are also less nimble than other cars, requiring an extended braking distance and not being able to swerve from immediate danger. Driver experience also plays a factor in these types of accidents, with vehicle operators often hiring inexperienced drivers in order to meet customer demands.
Liability in Commercial Vehicle Accidents
Determining liability in commercial vehicle accidents involves a complex legal process. In Kennesaw, Georgia, the law considers several parties that could be held liable:
The Driver
If the driver’s negligence, such as speeding, distracted driving, or driving under the influence, caused the accident, they could be held liable. Georgia Statute § 51-1-36 places a duty of care on the driver of a motor vehicle. If a driver fails to meet this standard, they can be held responsible for any resulting damages.
The Employer
The company that owns the commercial vehicle can be held responsible if they failed to ensure the driver’s competence or the vehicle’s safety. This is based on the legal principle of “respondeat superior,” which states that an employer will be responsible for an employee’s actions during the scope of their employment.
If the company failed to properly vet the driver’s qualifications or neglected to properly maintain the vehicle, they could be held accountable.
The Manufacturer
If a vehicle defect contributed to the accident, the manufacturer of the vehicle or the defective part could be held accountable. Vehicle manufacturers are required to ensure their products are safe for use.
In addition to these parties, other entities could potentially be held liable depending on the specifics of the accident. These might include maintenance providers, cargo loaders, and even government entities responsible for road conditions.
Georgia operates under a “modified comparative negligence” system. This means that a party can recover damages in an accident as long as they are less than 50% at fault. However, the amount of damages they can recover will be reduced by their percentage of fault.
How a Kennesaw Truck Accident Lawyer Can Help
Victims of commercial vehicle accidents in Kennesaw, Georgia, should seek legal assistance to navigate the complex process of establishing liability and seeking compensation. A lawyer with experience in commercial vehicle accidents can help gather evidence, negotiate with insurance companies, and represent the victim in court if necessary.
If you have suffered damages in a commercial vehicle accident, contact a Kennesaw truck accident law firm who will fight for your rights and get you the compensation you deserve.
Contact us at 770-HELP-NOW to schedule your initial consultation.
