A commercial truck crash can leave Georgia drivers and passengers with serious injuries, mounting medical expenses, and uncertainty about who may be responsible. Unlike many passenger-vehicle collisions, a truck accident may involve the driver, trucking company, motor carrier, maintenance provider, cargo loader, or another party. Identifying every potentially liable party and preserving relevant evidence can be important when evaluating a claim.
If you were injured in a Georgia truck accident, a Georgia truck accident attorney from Bayuk Pratt can investigate how the crash happened, identify the parties whose conduct may have contributed, and explain your legal options. Our attorneys bring more than 50 years of combined legal experience to complex injury claims. We represent individuals and families seeking accountability after serious harm. You pay nothing unless the firm recovers compensation, and no upfront payment is required to discuss your case.
Frank Bayuk and Bradley Pratt, Bayuk Pratt’s founding partners, previously served as senior partners at insurance defense law firms. Their experience on the other side of serious injury claims gives our firm insight into how insurers and corporations may approach truck accident cases. That perspective helps us build an evidence-focused case for the compensation an injured person may be entitled to seek.
If a truck driver’s carelessness caused an accident and you’re dealing with injuries and expenses as a result, get the legal help you need right away. Contact Bayuk Pratt today for a free initial case evaluation. Learn how our firm can help you recover the compensation necessary to hold the responsible parties accountable and help you move forward with your life.
What Are the Truck Accident Liability Laws in Georgia?
In Georgia, the law may hold a truck driver, motor carrier, or another company liable for a truck accident when those parties’ negligence, recklessness, or legal fault causes the crash. Drivers and companies may also bear liability for a truck accident due to a driver’s or company’s violation of state or federal trucking regulations. Truckers and motor carriers may bear liability for a truck accident that occurs when they:
- Violate traffic laws, such as speed limits or right-of-way rules
- Exceed hours-of-service limitations and drive while tired
- Disregard traffic control devices or cautionary signs for curves, hills, or other hazards
- Engage in aggressive or reckless behaviors such as tailgating or swerving through traffic
- Drive under the influence of alcohol or drugs
- Use a cell phone while driving or engage in other distracting behavior behind the wheel
- Fail to inspect or maintain the truck or securing equipment
- Use inadequate securing equipment to prevent cargo from shifting or falling off the truck
- Overload the truck beyond its hauling capacity
- Fail to balance the load weight, including evenly distributing weight and putting heavier items on the bottom
Who Could Be Liable for Truck Accidents in Georgia?
Depending on the causes of a truck accident, various parties may bear liability for the injuries and losses you’ve sustained. Examples of parties who may bear liability for a truck crash in Georgia include:
- The Truck Driver – A truck driver may be liable for a truck crash if they cause the accident by violating traffic laws. Truck drivers can also cause a crash through careless or reckless behaviors, such as distracted driving or driving beyond hours-of-service limits. They can also cause a crash by disregarding their legal obligations to inspect their vehicles and cargo.
- The Trucking Company or Motor Carrier – A trucking company may bear vicarious liability for a truck crash caused by a driver in their employ. Even if the trucking company uses independent contractors to drive its trucks, it may bear direct responsibility for an accident by negligently hiring, training, or supervising drivers. Companies may also bear liability for crashes after instructing drivers to engage in dangerous driving behaviors like speeding or disregarding hours-of-service limits. Motor carriers may also bear responsibility for a truck crash caused by a mechanical failure in one of its trucks that results from inadequate inspections and maintenance.
- The Truck Owner – In some cases, another party other than the truck driver or trucking company may own a truck that causes an accident due to a mechanical failure resulting from inadequate maintenance. When an accident like that occurs, the truck’s owner may bear liability for accident victims’ injuries and losses.
- The Cargo or Shipping Company – When a truck accident occurs due to an unsafe cargo load, the cargo or shipping company responsible for loading the truck or trailer may bear liability for the crash.
- Third-Party Mechanics – A truck owner may rely on a third-party auto shop to service the truck. The shop and its mechanics may bear liability for a truck accident if they perform negligent maintenance or repair work on the truck and the truck crashes due to a mechanical issue.
- A Truck or Auto Part Manufacturer – Truck and auto part manufacturers may bear liability for a truck accident caused by a design or manufacturing defect in the truck or one of its parts, such as tires, brakes, or transmissions.
Evidence That Could Support Your Truck Accident Liability Claim
Various kinds of evidence can help show which parties bear liability for a Georgia truck accident. At Bayuk Pratt, our legal team will thoroughly investigate your truck accident claim by reviewing:
- Police accident reports
- Arrest or traffic citation records
- Accident scene photos and videos
- Traffic and surveillance camera footage
- Dashcam or in-cab camera footage
- Eyewitness testimony
- The truck driver’s hours-of-service records
- The truck’s event data recorder (“black box”) logs
- The truck’s cargo manifest
- The trucking company’s radio dispatch logs
- The truck driver’s cell phone records
- The truck driver’s post-accident alcohol and drug test results
- The truck’s inspection, maintenance, and repair records
- Post-accident inspections of the truck
- Accident reconstruction expert reports and testimony
Time Limits for a Georgia Truck Crash Claim
The statute of limitations on injury claims in Georgia typically requires you to file a lawsuit within two years of a truck crash. If you file your truck accident lawsuit after the limitations period expires, you may lose all rights to pursue financial recovery from a liable truck driver, trucking company, or other parties.
Because you have limited time to pursue a truck crash claim, contact a Georgia truck accident attorney from Bayuk Pratt as soon as possible after a collision with an 18-wheeler to ensure you file your claims on time.
