Commercial truck accidents can be a complicated tangle of insurance claims, liable parties, and legal action. It can be difficult and confusing to get the compensation you need to cover your injuries after a truck accident when various parties could be liable for the accident’s cause. Hiring a Duluth truck accident lawyer is your best chance at determining who is liable for a commercial truck accident and recovering your losses.
At Slam Dunk Attorney, our Duluth personal injury lawyers provide you with the best legal advice and strategies needed to win your case. We apply our values of communication, integrity, and trust to every interaction we have with our clients to provide them with the best service possible for their situation. When you need help navigating the aftermath of a commercial truck accident, our team is here for you from start to finish.
Common Causes of Commercial Truck Accidents and What to Do Afterward
Commercial truck accidents can cause significant damage when a collision occurs because their size and weight are so much greater than other vehicles on the road. Causes of accidents with large trucks are most often the result of brake issues and minimal braking time or fatigue from logging too many hours of driving. Additionally, a truck that is overloaded or has faulty equipment can cause devastating effects when it leads to an accident.
Truck accidents can be traumatic and complicated, and knowing what to expect in a trucking accident can help reduce some of the stress you may be feeling during this difficult time. Receiving medical attention and filing a police report are two steps you should always take following an accident with a commercial truck. You should then file an insurance claim with the truck company’s insurance company and report it to your own insurance company.
When truck accidents occur, the employer is typically liable for damages if the driver was within the scope of employment activities. However, there is often insurance coverage on the truck, trailers, and any applicable umbrella policies, and establishing the driver’s fault must still be shown.
To determine what insurance will cover your damages, talk to your lawyer to get clarity on what actions to take and who to file a claim with.
For a free legal consultation, call 404-951-3513
Who Can Be Held Liable for a Commercial Truck Accident?
There are several parties who can be held liable when truck accidents occur, thereby making liability and compensation a complicated matter.
The Code of Federal Regulation Part 392 — Driving of Commercial Motor Vehicles outlines the requirements for various parties to ensure safe motor carrier operations, of which negligence on their part could make them liable in a commercial truck accident. These individuals or entities could include:
- The driver
- The truck company
- Equipment manufacturers
- Mechanics and maintenance technicians
- Cargo loaders
Because of the many levels involved in commercial trucking, law enforcement, and your lawyer can investigate who the cause of the accident originated with. Once the at-fault party is identified, your lawyer can then proceed with connecting the individual or entity to the accident and your losses. They will also diligently work to settle or litigate your claim accordingly.
Establishing Negligence in a Commercial Truck Accident in Georgia
Due to the complicated nature of commercial truck accident claims, it is important to establish who was at fault, and therefore whose insurance is liable for paying out damages. It is also important to establish what negligent or reckless actions were at play when the accident occurred. The distinction between negligent vs. reckless driving is important and can make a difference in levels of liability and penalties.
Negligent driving is when a driver fails to exercise a reasonable level of care and attention to other motorists, while reckless driving is an intentional disregard for other motorists. Because the liability for risk is higher with reckless driving, consequences can include fines, jail time, and/or a suspended license.
The consequences for negligent driving are often minor by comparison and include fines, points on a driver’s record, traffic school attendance, and civil action for damages.
When assessing what parties were at fault, Georgia’s modified comparative negligence laws are applied as outlined in Georgia Code §51-12-33. State law provides that the offending party, or their insurance, is responsible for paying for the losses caused by injury and property damage. If it is established that the injured party was 50% or more to blame for causing the accident, then they are no longer able to recover compensation.
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How a Truck Accident Lawyer Can Help Your Case
When you are trying to determine who is liable for a commercial truck accident, a lawyer with years of experience and knowledge navigating these matters can be beneficial. They can maneuver through the various layers and structures of commercial trucking operations to find the right party to file a claim against. With this information, your lawyer can establish that negligence was committed.
Establishing negligence is a foundational component of any personal injury claim for compensation, and your lawyer will build your case around this.
They will demonstrate that the offending party had a responsibility to provide reasonable care to prevent harm and failed to do so either through action or inaction. Your lawyer will then directly connect their actions to the losses you suffered.
With the help of a truck accident lawyer, you can get the compensation you need to recover damages and move forward. A lawyer can cut through the complications and help you hold the liable parties accountable. They can also ensure that your claim is filed within Georgia’s two-year statute of limitation period.
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Representation Gives You the Best Shot
Truck accident lawyers understand that dealing with all the regulations and insurance involved with a commercial truck accident can be a headache for you.
At Slam Dunk Attorney, our team has handled thousands of cases and knows the best ways to get you the maximum compensation for your claim. Contact our team today for a free consultation and see how we can get a slam dunk for your case.
Call or text 404-951-3513 or complete a Free Case Evaluation form
