Georgia truck accidents affect thousands of people every year, causing catastrophic injuries and severe property damage. Unfortunately, many people injured in truck accidents have trouble proving who’s liable for the crash and recovering the money they need to rebuild their lives.
The Georgia truck accident liability attorneys at Parker Trial Law can help you identify who’s liable for your accident and handle all the legal work in your fight for fair compensation. With our proven results and experience, you can concentrate on your medical treatment while knowing you have a capable advocate protecting your rights and future.
Contact our office today for a free, no-obligation consultation.
What Are the Truck Accident Liability Laws in Georgia?
The most important thing to know about Georgia’s truck accident liability laws is that the truck driver who hit you is likely not the only one responsible for your injuries. If the truck driver was working when the collision happened, which is the case in most truck crashes, their employer could bear some responsibility for your losses. Lawyers call this legal principle respondeat superior, meaning “Let the superior answer” in Latin.
Trucking companies might also be liable for a Georgia truck crash if they violated state or federal trucking laws. For example, under federal Hours of Service rules, truck drivers carrying goods (instead of passengers) cannot drive for more than 11 hours per day. Truckers also cannot drive for more than 60 or 70 hours per week, depending on their schedule. If a trucking company pushed a driver to ignore these rules, and an accident resulted, the company could be liable for the collision.
Why does it matter if the trucking company is liable instead of the driver? First, it’s important to hold all the liable parties accountable for a crash. Second, trucking companies have much larger insurance policies than individual truck drivers. Therefore, filing a claim against a trucking company gives you a stronger chance of recovering full compensation for all the harm you’ve suffered from the crash.
Similarly, truck manufacturers or companies that make individual truck components could be liable for a collision if a manufacturing or design defect contributed to the crash. If the truck that hit you had faulty brakes, for instance, the company that made the brakes could be partly liable for your injuries.
Who Could Be Liable for Truck Accidents in Georgia?
You’ll need a lawyer’s help to identify all the liable parties in a Georgia truck accident claim. Depending on what caused the crash, the liable parties could include:
- The Truck Driver – If the truck driver’s negligent actions caused or played a role in the collision, they could be liable for your injuries. Common examples of truck driver negligence include speeding, following too closely, impaired driving, distracted driving, not checking blind spots before merging or passing, drowsy driving, and failing to follow required safety regulations.
- The Trucking Company – The truck driver’s employer could be liable for an accident if their negligent actions played a role in the crash. For example, the trucking company may have failed to check the driver’s record, leading them to hire someone with a history of accidents. Pushing drivers to violate safety regulations is another way trucking companies could be liable for a collision.
- The Truck’s Manufacturer/Other Parts Companies – Semi-trucks and other commercial vehicles are made of thousands of parts, and these parts undergo intense stress because of how big and heavy commercial vehicles are. If a truck’s brakes, tires, engine, transmission, or other critical components have a manufacturing or design defect, and the faulty part doesn’t function properly, the truck driver may lose control and collide with others on the road.
- Local Government Agencies – City and state governments are often responsible for road maintenance and design in Georgia. If a local government didn’t properly maintain the roads — by failing to repair potholes or fix poor signage, for instance — and their negligence played a role in a truck accident, they could be liable. One thing to note is that there are special rules for suing government agencies in Georgia, including shorter deadlines to file a claim. A lawyer can take steps on your behalf to hold negligent government agencies accountable for a collision.
- Truck Maintenance Providers – There are strict federal rules on truck maintenance to minimize the chances of accidents related to worn parts. If a trucking company hired an outside maintenance provider and the maintenance company didn’t do a thorough job, they could be liable for a resulting accident.
- Cargo Loaders – Semi-trucks are prone to rollover accidents because they’re top-heavy. If truck cargo loaders don’t properly secure and balance the truck’s payload, the truck could tip over and cause a crash, leaving the cargo loader responsible.
Evidence That Could Support Your Truck Accident Liability Claim
You’ll need compelling evidence to support a truck accident liability claim in Georgia. Some common types of evidence in these cases include:
- The Police Crash Report – A police crash report often contains notes from the responding officer about how the accident happened and who may have caused it. For instance, the officer may have noticed that the truck driver appeared to be impaired by drugs or alcohol, which could indicate they are liable for your injuries.
- Security Camera Footage – Footage from traffic cameras or other nearby security cameras may have captured the driver’s actions before the crash. If a camera caught the truck driver looking at their phone, for example, that would be a powerful piece of evidence to support your claim.
- Photos or Videos from the Crash Scene – Photos and videos from the crash scene can help illustrate how a truck accident happened and who may be responsible. For example, if photos from the scene show that a truck collided with the side of another car, that may indicate that the truck driver failed to yield the right-of-way and caused a T-bone collision.
- Eyewitness Accounts – Eyewitness testimony is incredibly valuable in a truck accident case because it provides a neutral account of the collision. If an eyewitness saw the truck driver looking at their phone or that the truck driver was distracted in some other way, that could be persuasive evidence in your favor.
- Forensic Accident Reconstruction – By looking at all the available evidence from the scene of a truck accident, accident reconstruction specialists can piece together what happened and who bears the blame. For example, skid marks at the crash scene may indicate when the truck driver applied their brakes, and depending on where the marks begin, they could indicate that the truck driver was distracted just before the crash.
Types of Compensation Available for Truck Accidents in Georgia
You can pursue compensation for many of the losses you suffer related to a Georgia truck accident, including:
- Your current and future medical bills
- Your lost income
- Your reduced future earning capacity due to an injury or disability
- Your diminished quality of life due to an injury or disability
- Your pain and suffering
- Your damaged personal property
How the Georgia Contributory Negligence Laws Could Affect Your Case
Many Georgia drivers believe they can’t recover compensation after a truck accident if their actions contributed to the collision. Fortunately, that’s not necessarily the case. Georgia’s contributory negligence law allows you to recover compensation after an accident as long as your share of fault is less than 50 percent. If you bear some blame for the accident, your compensation is reduced by your share of fault.
Working with an experienced attorney is vital if you think your actions played a role in causing a Georgia truck accident. Your lawyer can gather evidence to minimize your share of the blame so you can recover as much compensation as possible.
How Long Do You Have to File a Georgia Truck Crash Lawsuit?
Georgia law allows an injured person two years from the date of a truck accident to file a lawsuit. We recommend you speak to an attorney immediately to avoid any issues finding evidence to support your claim. Otherwise, you might not recover full compensation for your injuries, which can keep you from moving forward after this tragic incident.
Why You Should Hire a Georgia Truck Accident Attorney
Georgia truck accidents frequently leave victims in agony and keep them from working for weeks or months. If you sustained injuries in a Georgia truck crash, the last thing you need is the hassle of a complex legal case.
A truck accident lawyer can investigate the crash for you, gather evidence to support your claim, file all the legal paperwork, and protect your interests during settlement negotiations. Without a lawyer’s help, you must do all this work yourself, adding to your stress at a difficult moment. An attorney can also help you properly assess your losses to make sure any settlement offer covers your current and future needs.