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Everything You Need To Know About Georgia Truck Accident Lawsuits

In this blog, we take a look into the many factors that affect truck accidents that might not factor into car accidents at all, such as liability, causes, and evidence.

What I Should Know About Truck Accident Lawsuits in Georgia

by Harry Brown / April 2, 2019

Each year, there are thousands of serious truck accidents in Georgia. Truck wrecks can cause tremendous devastation and injure many people.

Victims of a truck accident are entitled to recover full compensation for all their pain and suffering.

Since commercial trucks are obviously larger and heavier than other vehicles, it is common to think that trucking lawsuits are relatively easy to secure. However, trucking cases are more complicated and difficult to litigate compared to a typical car wreck case.

In this blog, we take a look into the many factors that affect truck accidents that might not factor into car accidents at all, such as liability, causes, and evidence.

Table Of Contents

Liability of Trucking Accidents

Since Georgia is an at-fault-state, the person who caused the accident would be covering the damages, like medical expenses and vehicle damage.

In a car accident, the driver is the only one liable, but in a truck accident case, it varies.

There can be multiple parties involved, including the truck driver, the trucking company, the company responsible for loading the truck, and even the party who handles the truck maintenance.

One or even all of the guilty parties can share a portion of the liability – as long as the cause of the accident is determined and proven in the court.

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Common Causes of Trucking Accidents

Determining the cause of the truck accident Injury is an essential aspect of the lawsuit as it can help show that the other party was negligent.

Truck accidents in Georgia are caused by many different factors.

Some of the sources involved the following:

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Driver Error

Driver error is one of the most common reasons for trucking accidents. Drivers are human, and thus, they make mistakes.

  • They can commit different forms of negligence including distractions, fatigue, inattention, or substance abuse that can affect a driver’s ability to react to the dangers of the road.

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Truck Equipment Failure

Equipment failure is the second leading cause of all commercial vehicle crashes.

  • It may include design and manufacturing errors such as defective tires or poor maintenance.
  • The trucking company and the drivers are responsible for maintaining proper vehicle maintenance and inspections to ensure that their trucks are operating correctly before hitting the road.
  • However, not all truckers perform this pre-trip inspection while those that do may not find the defective equipment that might cause problems in the future

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Bad Weather Conditions

Weather conditions also play a significant part in road safety.

  • Bad weather often leads to wet and icy road conditions, so truckers have the responsibility of driving safely during inclement weather and making adjustments to their driving patterns.

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Improper Loading of the Truck

The responsibility of properly loading and securing a truck comes to the truck driver.

  • The cargo should be equally distributed throughout the trailer as the uneven load can cause a significant number of accidents ranging to rear-end, rollover, jackknife, and sideswipe accidents which can all cause severe injuries and even death.

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Trucking Accident Evidence

After the accident, any evidence that could prove the other party’s liabilities should be gathered as much as possible.

This would not only verify that they’re at fault, but it would also help discover every potential defendant.

The evidence of a truck accident can be divided into three distinct categories:

Driver Information

  1. Basic information such as name, contact information, and the company name of the truck driver.
  2. Qualifications and training files of the driver
  3. Insurance information
  4. Driver license number
  5. Drug and alcohol test results that may have been administered after the crash.

Federal regulations require truckers to drive for a limited time as truck drivers often sacrifice sleep and rest to deliver the cargo at the supposed place and time.

The driver’s log where truck drivers write down the hours they drove into can contain relevant information for your case.

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Vehicle evidence

Any damage that was done to the plaintiff’s vehicle after the accident is another crucial piece of evidence for your case.

The visible damages are tell-tale signs of what happened during the crash. Don’t get your vehicle repaired immediately or the vital evidence that would be helpful for your case would be erased.

The other vehicle’s information should also be included especially the maintenance history documentation and inspection history.

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The information of what was being hauled, the weight tickets, trip envelopes, dispatch instructions, delivery documents, and bills of lading would be especially helpful when the one being determine if the cause of the accident was improper loading.

In addition to driver information, vehicle evidence, and cargo, it would also be helpful if you obtain a copy of a police report.

As police report contains important details about the accident which includes the place where it occurred, the people who were involved, the weather conditions, and the statements made by witnesses.

Photographs should show the damages of both vehicles as well as the injuries that you sustained from the crash.

The evidence should be immediately collected as truck companies sometimes send investigators to the crash scene to work on their behalf within minutes after the accident.

They are trained to protect trucking companies to quickly collect information from the scene of the crash as they aim to minimize the potential injury claim.

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Related Blog: How Truck Weigh Stations Keep Drivers Safe

Contact The Brown Firm Today for A Truck Accident Attorney!

It is important to know what to do after a truck accident in Georgia or South Carolina. Hiring an attorney as soon as possible to start investigating on your behalf would help find key evidence from the accident such as tire skid marks or debris before they are no longer available. 

A lawyer would also be able to demand that the trucking company keep relevant information about the company driver involved in the crash, their logs, and the drug and alcohol screening results post-collision.

If you have been injured in a Truck Accident in Georgia, the skilled commercial truck accident attorneys at The Brown Firm can help get you the compensation you deserve.

Contact us today for a Free Consultation to discuss the nature of your individual case.

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Tags: truck accident

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