How Do You Determine Liability in a Georgia Truck Accident?

Truck accidents tend to be more challenging than car accident cases because they involve state and federal regulations, larger vehicles, and, in most truck accident cases, severe, catastrophic injuries. Also, multiple parties may share liability, making these cases hard to manage without experienced legal help.

A knowledgeable Georgia truck accident attorney at R. Alan Cleveland, LLC, can provide guidance and support to manage the ups and downs of a complex commercial truck accident claim. Determining and establishing liability can mean the difference between recovering the maximum amount for your injuries or settling a truck accident lawsuit for far less compensation.

What Are Common Causes of Georgia Trucking Accidents?

Georgia trucking accidents happen for many reasons. In almost every case, they result in devastating consequences for other drivers. While mechanical failures, such as brake problems or tire blowouts, can lead to dangerous crashes, Federal Motor Carrier Safety Administration data indicates that driver error causes most commercial truck accidents nationwide.

Common mistakes that often lead to devastating Georgia truck accidents include:

• Distracted driving
• Impaired driving
• Drowsy/fatigued driving
• Unsafe lane changes
• Speeding
• Following too closely/tailgating
• Failure to yield the right of way
• Failure to obey traffic laws
• Aggressive driving behaviors. 

Other factors, such as driver inexperience, poor driver training, inadequate hiring practices, and poor cargo loading or safety practices, can also lead to accidents and make establishing truck accident liability more difficult.

What Evidence Can Establish Liability for a Truck Accident?

Proving liability comes down to the strength of the available evidence. It requires establishing that the careless actions of another caused the accident and your injuries and left you with measurable losses. Some of the evidence necessary to support a commercial truck accident claim includes:

• Police report
• Photographs and videos of the accident scene
• Witness statements 
• Surveillance or dash-camera videos
• Black box data
• Hours-of-service logs
• Maintenance and safety reports
• Driving record of the truck operator
• Cellular phone records
• Medical records
• Expert witness testimony. 

Collecting and preserving evidence following a truck accident is particularly challenging for victims because safety inspection logs, black box data, and other information are the trucking company’s property. Companies rarely voluntarily turn over this information to accident victims. It often requires legal intervention to gather it before it is lost or destroyed.

Who Could Be Held at Fault for a Georgia Trucking Accident?

The easiest thing for a truck accident victim to do is to blame the collision on the actions of a careless commercial truck driver. However, a driver’s actions behind the wheel may be only one part of the bigger picture.

One reason why commercial truck accident cases are complex is that multiple parties can share the blame. Parties that may be partially or wholly liable for a Georgia trucking accident include:

• The truck driver
• The trucking company
• Truck or parts manufacturer 
• Cargo loading company
• Maintenance company or provider. 

You must conduct an aggressive and thorough investigation into the cause of the crash to identify all potentially liable parties and hold them accountable.

Is the Trucking Company Responsible for Its Drivers’ Actions?

Yes, in some situations, a trucking company is legally responsible for the actions of its drivers. Vicarious liability is a legal doctrine that allows you to hold a trucking company accountable for the actions of its employees, such as a truck driver, if the employee causes an accident while performing job-related duties.

In Georgia, truck accidents often happen due to a truck driver’s negligence. So, a driver’s careless actions, such as speeding, distracted driving, or violating safety rules, can land a trucking company in hot water. The company is liable because it hired the driver and trusted them to operate the vehicle safely.

Proving vicarious liability can help injured victims pursue compensation from the trucking company. Typically, the company has greater financial resources than the individual driver alone.

Could More Than One Party Be Liable for the Accident?

Depending on the situation and cause of the accident, more than one party may be liable for a Georgia truck accident. Many truck crash victims don’t know that it is common for multiple parties to share responsibility in these cases. While the truck driver may be directly at fault for careless driving, the trucking company’s liability may also exist due to:

• Hiring unqualified drivers
• Failing to train employees
• Neglecting vehicle maintenance to save money. 
• Pushing drivers to violate federal hours-of-service rules to meet deadlines.

Other potentially responsible parties include the cargo loading companies that improperly load or secure cargo. Poorly loaded cargo can come loose during transport, shifting a truck’s center of gravity and making it harder to maneuver, leading to catastrophic accidents. Truck or parts manufacturers may also share liability if a mechanical defect played a role in a collision.

What Happens if I Am Partly Responsible for the Accident?

In civil cases, Georgia follows a modified comparative fault rule. The rule reduces an accident victim’s compensation in a successful personal injury lawsuit by the same percentage of fault they bear for causing the collision. A driver whose fault meets or exceeds 50 percent cannot recover any compensation for their injuries.

This regulation binds court cases. Insurance adjusters also use it to help guide their claim evaluations by estimating how a court would rule.

So, individuals partially responsible for an accident can recover compensation for their injuries. However, pursuing maximum compensation takes the skill and resources of an experienced Georgia truck accident lawyer.

What Is the Statute of Limitations for Filing a Truck Accident Lawsuit in Georgia?

As with car accident claims, state law gives victims in Georgia truck accident cases a time limit for filing a personal injury lawsuit. Individuals have two years from their injury date to file their case and seek compensation. File a lawsuit after the deadline, and you risk losing negotiating power and your day in court, leaving you on the hook for your medical bills and other significant losses.

Contact a Georgia Truck Accident Attorney

A truck accident in Georgia can lead to catastrophic consequences that can affect you long after the collision, from physical injuries and disabilities to mental health issues and financial instability. At R. Alan Cleveland, LLC, our truck accident attorneys offer tailored legal advice and full-service representation to protect your rights and fight against aggressive trucking and insurance company tactics. We’ve recovered over $150 million in verdicts and settlements for Georgia accident victims like you. Contact our Athens office to request a free legal consultation and learn more about how we can help.