Personal Injury Lawyers


Who Do I Sue After A Truck Accident?

by The Brown Firm / June 3, 2020

Truck accidents are, without a doubt, some of the deadliest accidents that occur on the roadways. Truck accidents in Georgia or South Carolina are different from car accidents for many reasons, but especially that the damage is typically more severe.

Thousands upon thousands of individuals in the U.S. are killed each year, and tens of thousands are injured in accidents with large trucks. 

When a large truck, typically weighing more than 80,000 pounds, collides with a regular passenger vehicle, the occupants of the passenger vehicle are the ones who sustain the most severe, life-threatening injuries.

The Insurance Institute for Highway Safety (IIHS) reported that in 2017, a total of 4,102 individuals were killed in large truck crashes. 

Of those who lost their lives, just 17% were occupants of the 18-wheeler.

68% of the fatalities were occupants of cars and other passenger vehicles involved in the crash. 

Another 14% were bicyclists, motorcyclists, and pedestrians. 

The IIHS also reported that the number of people killed in large truck crashes in 2017 grew by 30% since 2009, just eight years earlier.

In the article below, we will talk about who you can sue if you've been involved in a truck accident in Georgia.

Table of Contents

Who Do I Sue if I Was in a Truck Accident in Georgia?

Trucking accidents tend to be much more complicated than many other types of personal injury cases.  

Numerous laws and regulations govern the industry, and there are often multiple factors that contribute to an accident.

Various parties can be held liable in a trucking accident.

Some of them are:

The truck driver is often liable for an accident

The Truck Driver

Driver negligence will play a significant role in many truck accident cases. 

Examples of negligence may include speeding, reckless driving, distracted driving, driving while tired, and driving while under the influence of alcohol or drugs. 

The driver may have also ignored the Federal Hours of Service Regulations.

This regulation restricts the number of hours truckers are allowed to be on the road.

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The Trucking Company

The company that employs the truck driver can share fault in a trucking accident. 

A way the trucking companies try to avoid responsibility is by claiming that the driver is an independent contractor. 

This is why the working relationship between the driver and the company needs to be carefully examined to determine if the trucking company can be held liable. 

One way a trucking company can be responsible if the driver displays the company placard with their logo inside the vehicle.

This can make the trucking company liable even if the company claims to have an independent contractor relationship with the driver.

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The Shipping Company

The company shipping the cargo can also play a role in a trucking accident if they overloaded the truck.

They could also be partly liable if they loaded the truck unevenly. 

Overloaded or unevenly loaded trucks are more susceptible to rolling over or being flipped on their side.

This usually happens when the truck driver encounters heavy winds or other types of inclement weather while traveling at higher speeds.

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The Truck Mechanic

Semi-trucks log thousands of miles on the road each month. 

This is why proper maintenance is critical in ensuring that all trucks remain in safe driving condition. 

However, there can be times when the party responsible for servicing and maintaining the truck fails in this duty. 

This can easily cause mechanical breakdowns while on the road, putting the truck driver and those they share the road with in grave danger.

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The Vehicle Designer or Manufacturer

A vehicle or vehicle part defect can play a role in a trucking accident.

If so, it may be possible to hold the designer, manufacturer, or other parties in the supply chain partly responsible for the accident.

Common product defects that can cause a vehicle accident include brake line failures, tire blowouts, steering system failures, and many others.

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How to file a truck accident claim in Georgia

Filing a Truck Accident Injury Claim in Georgia or South Carolina

We've already mentioned that trucking accidents can be very complicated because the convergence of multiple factors often causes them. 

Things aren't any less complicated if the accident occurs in Georgia or South Carolina.

Georgia is an at-fault state, which means the person who causes a truck accident, or any accident for that matter, is responsible for all damages. 

Victims of a truck accident can make a personal injury claim with the at-fault party for the damages they face because of the accident.

To make a personal injury claim, you'll need to know who out of the list above is liable for your damages. 

In car accidents, it's pretty straightforward, and that person is usually the other driver. 

But since truck accidents often involve truck drivers who are on the job with many other parties in play, liability is going to look a little different.

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Call the Truck Accident Attorneys at The Brown Firm in Georgia

If you or someone you know was injured in a trucking accident, there are numerous parties that you may be able to sue for damages. 

To be successful with a personal injury claim, however, you should always have an experienced personal injury attorney in your corner. 

The Brown Firm has extensive experience and a successful track record with even the most complex accident injury cases, including truck accidents.

The Brown Firm works closely with its clients, exploring every potential legal avenue before securing full and fair compensation on their behalf. 

To speak with The Brown Firm about your Truck Accident Case, click the button below.

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Original Blog Here

Tags: truck accident

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