It is regrettable that truck accidents are a common occurrence in Dunwoody, and those who suffer injuries often incur significant damages. However, if you are a victim of a truck accident caused by a driver’s negligence, you have the legal right to seek compensation for your losses.
Trucking companies and drivers are required to adhere to safety regulations, but some might disregard them to gain an edge, leading to various severe injuries. It is important to note that you are not to blame for their hazardous conduct. If you have been hurt as a result of a truck driver or company’s negligence, you are entitled to compensation for the damages you have suffered.
Call Howe Law at (844) 876-4357 to receive a free case assessment with our truck accident attorneys.
Parties That Can Be Held Liable for a Truck Accident in Dunwoody, GA
It can be challenging to determine who is responsible for a truck accident, as there might be multiple parties involved. While the truck driver is typically considered at fault, the company they work for might also share some responsibility. In certain cases, legal action against a different party might be necessary to receive compensation for damages. Fortunately, our team of truck accident lawyers has the expertise and experience to identify the appropriate party to pursue legal action against. Here are the most commonly sued parties in Dunwoody for injuries resulting from truck accidents:
Truck Driver
Truck accidents often happen because of driver negligence, which can take many forms. Distracted driving, fatigue, and exceeding the speed limit are the most frequent reasons for truck driver negligence. These actions typically go against state and federal regulations that limit the amount of time drivers can spend on the road. If a crash occurs due to recklessness, both the driver and their employer could face legal consequences.
Trucking Company
Trucking companies can be held responsible for accidents caused by their drivers due to negligence through “vicarious liability.” This means that if the driver was performing their regular duties at the time of the accident, the company would typically be liable for any resulting injuries. For example, if a driver was delivering goods too quickly, both the driver and the trucking company could face legal consequences.
Trucking companies are fully accountable for any wrongdoing on their part. They must prioritize the safety of their drivers and the public by providing adequate training to all drivers. Additionally, they must conduct comprehensive background checks before hiring drivers to prevent reckless individuals from driving. Furthermore, trucking companies must strictly adhere to state and federal trucking regulations that require routine inspections and maintenance of vehicles to ensure their safety and roadworthiness.
If the truck driver is considered an independent contractor, the trucking company is unlikely to be held responsible for any injuries resulting from their actions. Independent contractors are not treated as regular employees in a lawsuit. For instance, Amazon delivery truck drivers are often employed by a local delivery company instead of by Amazon itself. In this situation, Amazon would probably not be sued, but the local delivery company could be held responsible for their driver’s negligence.
Other Third Parties
Trucks can be involved in accidents if their drivers are negligent, for example, if they change lanes without checking first. In such cases, the driver might have to swerve to avoid a collision, but if they were speeding, they could also be at fault. Both drivers are responsible for any damages that occur.
Improper loading of cargo during transportation is often due to carelessness or a failure to follow regulations by the loading company. Proper loading requires the use of suitable straps and ensuring that the cargo stays in contact with other cargo to prevent movement. This is crucial for safety reasons and to avoid accidents such as jackknifing or overturning.
Truck accidents can also occur due to defective or poorly designed parts. If a component, such as the brakes or steering, fails and causes an accident, the manufacturer or designer of the part could be held liable for any injuries sustained.
How Our Dunwoody, GA Attorneys Can Support Your Truck Accident Lawsuit
Dealing with injuries sustained from a truck accident can be overwhelming. From medical bills to lost wages and other expenses, the costs can quickly add up to tens of thousands of dollars. Additionally, the pain and suffering caused by your injuries can be distressing. Our team of truck accident lawyers is committed to guiding you through the legal process and ensuring that you receive the compensation you are entitled to for your damages. We offer a range of services to our clients in Dunwoody, including the following:
Assess Your Damages
It can be difficult to determine the value of your case if you have been injured in a truck accident in Dunwoody. The insurance company might not offer a settlement that covers all of your damages. However, we are here to help you assess the value of your case and ensure that you receive the compensation you deserve. This includes evaluating your current losses and anticipating any future expenses, such as potential surgeries or prescriptions. You should also be compensated for any time missed from work and any projected loss of earnings during your recovery.
Gather Evidence
We recognize the significance of gathering proof to support your case at our firm. The evidence can be in the form of photographs of the accident scene, the vehicles involved, the damages incurred, and the injuries sustained. By having this information, we can assess the severity of the incident. Testimonies from witnesses who were present at the time of the accident can also provide valuable evidence. It is crucial to establish liability for the other driver’s negligence, and police records such as incident reports, pictures taken by law enforcement officers at the scene, and any citations given are necessary.
Our team will thoroughly assess the gathered evidence, which includes your medical records, statements from witnesses, and consult with medical professionals to determine the extent of your injuries. We will then establish the appropriate compensation your case deserves and the percentage of fault assigned to each party if multiple parties were involved.
File Your Lawsuit
In cases where you seek compensation for non-economic damages, like mental anguish and pain and suffering, filing a lawsuit rather than solely relying on an insurance claim is often necessary. Our team is ready to assist you in creating a complaint based on the evidence you provide, outlining the details of your accident and the injuries you sustained. After filing the lawsuit, the defendants and potential witnesses might be examined further to determine the truth of what happened. If a settlement cannot be reached, pursuing compensation through the courts is the primary way to obtain the complete range of damages you are entitled to.
Our Dunwoody, GA Truck Accident Lawyers Can Help
For a free case review with our truck accident lawyers, contact Howe Law today at (844) 876-4357.
