Determining liability in truck accident cases can be complex as there are multiple parties involved. The truck driver, trucking company manufacturer, as well as their insurance company can all be liable for damages. Coupled with a complex personal injury law system, determining responsibility following a truck accident will be best left for an Atlanta truck accident attorney to solve.
Truck Driver Liability
In Georgia, a driver who violates a law or regulation, or a driver who was negligent in operating their vehicle can be held responsible for the damages that were caused. This principle applies to all motor vehicle accidents, including truck crashes.
Truck drivers are responsible for the vehicle that they drive. Ensuring that all rules of the road are followed as well that the truck adheres to state laws regarding maintenance and cargo securement will all be the responsibility of the driver. Commercial drivers can be found at fault for violations of laws or regulations when they:
- Overload their truck with too much cargo
- Drive with an unbalanced truck due to improper cargo distribution
- Drive under the influence of drugs and alcohol
- Speed or drive recklessly
- Drive while texting or distracted
- Fail to notice or tend to mechanical failures
- Ignore the sleep/rest requirements provided by their employer
- Drive in an aggressive manner such as tailgating
- Fail to use caution with improper road conditions
- Ignore cautionary signs for hazards such as curves, hills, intersections, etc.
Trucking Company Liability
The trucking company can also be held liable for truck accidents. Under Georgia’s respondeat superior laws, the trucking company is ultimately liable for the accident victim’s damages. This means that if a truck driver is found to be at fault, the trucking company that employs the driver can also be held responsible.
In addition, trucking companies can be held liable for negligent hiring and supervision of their employees. If a trucking company hires a driver without conducting a proper background check, or fails to provide adequate training and supervision, the company can be held responsible if the driver causes an accident.
Employing a driver who does not have the necessary qualifications and licensing will also lead to the trucking company bearing responsibility.
Insurance Company Liability
Georgia operates on an at-fault system, which allows you to file a personal injury lawsuit against the at-fault trucker, their trucking company, and the insurance company. This means that the insurance company of the at-fault party can also be held liable in a truck accident case.
While Georgia state law does not require business to have general liability insurance, it is generally needed before entering a contract with a client. The amount of liability insurance required is determined by what freight you pull as well as the route involved. Therefore, the insurance company can be held liable up to the limit of the policy.
The Weinstein Law Can Help Determine Liability in Truck Accident Cases
Determining liability in truck accident cases in Georgia involves understanding the roles and responsibilities of the various parties involved. By determining responsibility, a truck accident victim can ensure that they are adequately compensated for their losses.
If you or a loved one has been involved in a truck accident, it is recommended to consult with an experienced Atlanta truck crash attorney at the Weinstein Law Firm to help navigate the complex legal landscape. Contact us at 770-HELP-NOW to ensure that your rights are protected.
