To prove fault in a Georgia truck accident, you need evidence of the trucker’s negligence, like traffic camera footage, logbook entries, and eyewitness accounts. Other parties may share liability for your injuries, such as the trucking company, cargo loaders, or maintenance group.
Who Can Be Held Liable in a Georgia Truck Accident?
Multiple parties may be liable for your injuries after a Georgia trucking accident, including:
- Truck drivers – Most truck wrecks involve driver negligence. If the truck driver acted in a way that put others at risk of harm, they could be responsible for your losses.
- Trucking companies – Trucking companies may be held liable for the negligent actions of their employees. They may also be at fault if their practices led to the crash, such as encouraging drivers to speed or work longer hours, leaving them fatigued.
- Cargo loaders – If improperly secured cargo caused the accident, the cargo loaders could be liable.
- Truck manufacturers – If a truck part or system defect causes a collision, the manufacturer could be held accountable under product liability laws.
- External truck maintenance company – If improper repairs or maintenance led to a part failure that caused the crash, the truck maintenance company could be liable.
Are There Federal Regulations Trucking Companies Must Follow?
Trucking companies involved in interstate commerce must follow federal regulations such as:
- FMCSA Hours of Service Regulations – The Federal Motor Carrier Safety Administration (FMCSA) provides hours of service (HOS) regulations that all trucking companies and their drivers must follow. These regulations include limits on how long a driver can be on the road without a break and other similar rules.
- FMCSA Inspection Rules – The FMCSA dictates that drivers must inspect their vehicles at the end of the workday.
- FMCSA Drug and Alcohol Rules – The FMCSA has rules about trucker drug and alcohol use and required testing to help keep the roads safe.
Violating these federal regulations can lead to serious criminal penalties for trucking companies and drivers, including fines, jail time, and the loss of a commercial driver’s license (CDL). If a trucking company or driver violated a federal regulation and caused your injuries, your attorney may be able to use that violation as evidence of fault. If you need assistance, please contact our Atlanta truck accident lawyer today for a free case review.
What Are Common Causes of Truck Accidents in Georgia?
Truck accidents in Georgia result from various causes. The most common include:
- Driver fatigue – The FMCSA’s hours of service regulations are in place specifically to combat the danger of driver fatigue. Drowsy truck drivers present a significant risk to other motorists as they suffer from impaired reaction times and may fall asleep behind the wheel.
- Distracted driving – Truck drivers who are texting, talking on the phone, eating, or being distracted in other ways may not be able to react to slowed or stopped traffic ahead of them.
- Speeding – The faster the truck is moving, the less time the driver has to react. Because of their heavy weight, trucks also require more distance to come to a complete stop than other vehicles. Speeding further increases the stopping distance required. However, truckers might speed to meet delivery deadlines and quotas.
- Improper cargo loading – Improperly loaded cargo can shift in transit, causing the truck to become unbalanced and increasing the risk of a rollover accident. Loose cargo that falls off flatbed trucks can strike other vehicles or end up as hazards on the road.
- Improper maintenance – Poorly maintained trucks are at an increased risk of part failure that could result in an accident. For example, brake failures can leave a truck driver unable to stop in time to avoid crashing into other vehicles.
- DUI – Commercial driver’s license holders are guilty of driving under the influence if their BAC limit is 0.04 percent or above, which is half the legal limit for regular drivers.
- Bad weather – Rain, fog, snow, and ice can increase the risk of truck accidents if drivers don’t exercise appropriate caution while driving in these conditions.
How Can a Georgia Truck Accident Lawyer Help Prove Who Is At Fault?
An experienced truck accident lawyer can help prove who is responsible for your injuries by gathering the following evidence:
- Traffic camera footage – Nearby traffic and security cameras may have captured the accident, and your attorney can request access to this footage.
- Police reports – The responding officer’s accident report may include details like when and where the crash happened, a description of the collision, and their opinion on who was at fault. A police report is also essential for filing your initial insurance claim after the accident.
- Witness statements – Eyewitnesses can provide statements about what they saw, which can reinforce your claim that the truck driver caused the collision.
- Expert testimony – Your attorney may hire expert witnesses to testify about technical aspects of the case. Crash reconstruction specialists are one type of expert commonly hired for truck accident cases.
- Physical evidence – Skid marks, vehicle damage, vehicle positions, road conditions, and relevant traffic signs are all physical evidence that can suggest someone is at fault.
- Truck driver’s logbook – Truck drivers must maintain logbooks to track things like their driving hours. This information could be valuable evidence in your case if there are questions about whether the driver violated hours of service regulations leading up to the accident.
- Black box data – The truck’s black box stores information such as its speed, braking details, and how long it’s been driving. Your attorney can request this data before it is overwritten or lost.
Is There a Time Limit for Filing a Truck Accident Claim in Georgia?
In Georgia, the statute of limitations for personal injury claims, including truck accident claims, allows two years from the crash date for an injured person to file a lawsuit. You must file your truck accident lawsuit within this period or risk losing your right to seek compensation in court.
Contact a Georgia Truck Accident Lawyer
Proving fault in a Georgia truck accident case can be challenging, as significant evidence is necessary, and multiple parties may share liability for your injuries. If you were injured by a semi-truck in the Atlanta metropolitan area, contact Bayuk Pratt for a free case review with one of our experienced truck accident attorneys.
At Bayuk Pratt, we have more than 50 years of combined legal experience. Our founding partners worked for two of the world’s largest and most elite defense law firms. They now use their insider knowledge to stand up to insurance giants and get our deserving clients the compensation they need to recover, including $4.2 million for a box truck crash.
Using our access to top experts, extensive resources, and top-notch training, we prepare to take your case to trial from day one and show our opponents we’re serious. Even more important, our clients call us “thorough and thoughtful.” Reach out today to find out how we can put these skills to work for your case.
