Last Updated on November 24, 2020 by Theodore Spaulding
As experienced truck accident lawyers, we are aware of the legal distinctions and differences in the way that truck crashes are handled versus typical car accident cases. However, it might surprise those who have never been involved in a personal injury case involving a truck crash that these types of collisions are distinctly different from common car accidents. For this reason, it is important to hire an experienced truck injury lawyer who knows the ins and outs of these cases.
Determining Liability in Personal Injury Cases Involving Commercial Truck Accidents
Generally, in a car accident injury case, the only defendant in the case is the driver. This is not the situation with truck accident claims in Atlanta. When a truck is at fault in a collision, there are quite often multiple potential defendants (i.e. the driver, the owner of the vehicle, the transport company, etcetera). The following is a breakdown of the potential defendants and the corresponding theories of liability associated with each one beyond just the truck driver him or herself.
When Are Employers Liable For A Tractor Trailer Crash in Atlanta?
This could exist in a situation where the driver is a company employee. Particularly if the company required the driver to do something that led to the accident. Most often our truck accident attorneys see employer/trucking company liable in the situations where the company itself had a long history of trucking regulation violations; failed to properly maintain the tractor and/or trailer involved in the wreck; or was negligent in the hiring and retention of the truck driver because of his or her poor driving history.
For instance, if a trucking company hired a driver out of Atlanta, but overlooked the fact that he served time in DeKalb County for vehicular manslaughter, and his license had been revoked, they would have a tough time beating a negligent hiring claim in a Georgia court.
When Can A Trucking Attorney Hold Leasing Companies Liable?
This occurs when a company leases a truck and the driver is a known operator/leasee. The leasing company could potentially be partially liable for the truck crash.
Why Are Brokers Often Held Liable For Trucking Accident Injuries?
A middleman works with the shipper and the driver to coordinate a shipment for hire. The broker could be shown to be liable by an effective truck accident lawyer
How Can A Truck Wreck Attorney Hold Shippers Liable For Your Injuries?
If a load is packed improperly, and that improper packing results in an accident, the company that prepared the load would be liable by your truck accident lawyer. There are several other ways the shipping company itself could be partially at fault for the accident.
Why is it Difficult to Reach A Truck Accident Case Settlement in Atlanta?
The fact that there are so many potential defendants in each and every tractor-trailer accident case in Georgia makes these cases much more difficult than your traditional car accident case. Another good example of the complicated nature of these cases can be found in the number of ways the truck driver him or herself can be found to be liable for the accident.
For example, driver fatigue is an often cited reason for tractor-trailer accidents in Georgia. So much so that the State of Georgia and the Federal Government have set strict limits on how many hours a commercial truck driver can operate his or her vehicle in a given period. Truck drivers are actually required to log these hours. If the logbook shows that the driver has exceeded those hours, the plaintiff’s attorney may make a case based upon this theory of liability alone.
If you or a loved one has been involved in a truck crash around Atlanta or anywhere else in Georgia, you should contact an experienced, reputable truck accident attorney—one who handles truck crash claims in Atlanta.
For close to 15 years, Mr. Spaulding has helped victims of negligence across the state of Georgia resolve personal injury disputes, and he’s received a remarkable number of awards and honors from the legal community recognizing his commitment to clients and to the metro-Atlanta area.
As an undergraduate, Mr. Spaulding belonged to the Phi Beta Kappa honors fraternity at the University of Georgia, and he obtained his legal training at the Georgia State College of Law, where he clerked for the Honorable Judge Rowland Barnes of the Fulton County Superior Court. Mr. Spaulding has also worked for the Securities and Exchange Commission’s Atlanta Enforcement Division. Since 2005, he has dedicated his career to helping the injured victims of negligence and their loved ones win justice in Georgia’s personal injury courts.