Trucking companies send thousands of drivers out onto the roads of Georgia, often with trucks that have skipped maintenance, drivers who have skipped sleep, and cargo that has skipped safety checks. When this happens, it puts the driver and others on the road at risk of serious injuries from truck accidents.
Our lawyers fight trucking companies and the legal teams they hire with the goal of getting you and your family the damages you need to keep going after a truck accident. If you were hurt, our lawyers can fight to help you get your life back on track and get the payments needed to cover your medical bills, lost wages, and other damages.
Call Howe Law’s Atlanta truck accident attorneys today at (844) 876-4357 to get the help you need in a free case evaluation.
Can You Sue Trucking Companies for Truck Accidents in Norcross, GA?
In most auto accidents, you sue the driver who hit you. While this is how some truck accident cases work, many situations allow you to reach past the driver and sue the trucking company they work for. Often, the trucking company can afford to pay much higher damages than an individual driver might be able to afford. However, our truck accident lawyers will need to evaluate each of the following legal issues to see whether you can sue the trucking company in your specific case:
Trucker’s Employment Arrangement
It may seem strange that the truck driver’s employment arrangement can affect your case, but it plays a big role in legal responsibility. Typically, an employer can be held liable for an employee’s negligence if it occurs while they are carrying out their job tasks. However, many truckers are not “employees.”
Certain truck drivers – such as “owner-operators” who own their own trucks and set their own hours – might be classified as “independent contractors” instead of “employees.” Here, the driver often works as though they are legally self-employed, so the liability ends with the driver. However, these drivers – like any other driver – must have insurance that can cover the injuries they cause. Even if you cannot sue their employer, this might still help cover your injuries in full.
If the driver is an employee, then the trucking company they work for can usually be held liable for their driver’s crash. However, there are still ways they will try to fight you.
Was the Trucker “Doing Their Job”?
Trucking companies are only liable if the driver was performing their job tasks when the crash occurred. If they took the truck on a joyride or were otherwise violating their employer’s policies (e.g., with excessive speeding or drug use), then the trucking company will try to say that what they did was not in the course of their job duties.
Our lawyers often have to make arguments and cite case law explaining to the court what is and is not within the driver’s job tasks, but most accidents that happen while the driver is actively driving should qualify for a lawsuit against the employer.
Was the Vehicle Dangerous?
If the trucking company owns the truck, then they can be held liable for problems with the vehicle. Some truck crashes happen because of equipment failure – tire blowouts, brake failure, etc. In these crashes, you and the trucker might both be innocent victims of the trucking company’s negligent maintenance or other corner-cutting techniques. If the company failed to perform proper safety checks and inspections, they are responsible for their vehicle’s dangerous condition.
Proper loading requirements are also involved in crashes. Overweight trucks or trucks failing to use proper tiedowns might also be the trucking company’s fault.
Was the Driver Unqualified?
Similarly, the trucking company could also be directly liable for a crash if their driver was unqualified. Commercial drivers have certain health and safety requirements, such as requirements that they cannot have certain health issues and cannot have a recent history of DUI convictions. If the trucking company knew about these issues but hired the driver anyway, they could be liable for the mistakes the unqualified driver makes.
Once a trucker is hired, the trucking company also has to continue to monitor the employee. If the driver committed serious traffic violations, violated weight limits, missed weigh-ins, or caused multiple crashes, the driver should be suspended or fired. If their employer puts them back on the road, they are putting others in danger and should be held accountable.
Did Someone Else Cause the Crash?
If the truck crash was caused by a third driver, that driver is likely liable instead of the trucker or the trucking company. For example, if the truck flipped after being hit by a wrong-way driver, that is not usually the truck driver’s fault, and all lawsuits should be directed at the wrong-way driver.
Damages for Injured Truck Accident Victims in Norcross, GA
As with the grounds for a lawsuit, the damages resulting from a lawsuit vary greatly from case to case. However, most injured truck accident victims will face some of the same categories of damages.
First and foremost, injuries physically hurt and leave you with mental and emotional distress as well. This can all be complicated to put a price on, but it can still be compensated with monetary damages.
Second, most injuries worth suing for will involve medical treatment. First aid care from an ambulance crew, hospital visits, surgeries, physical therapy, and even mental health therapy to deal with the harm from a crash can all be compensated.
Third, other monetary damages will also result. For example, the cost of repairing or replacing your car might be expensive, as would things like childcare during hospital visits, alternative transportation, emergency medical transportation, home services during your recovery, and other economic damages.
Fourth, any lost wages you suffered because of the injury can be reimbursed, helping you and your family move forward. Especially with extensive injuries and long-term disabilities, these damages are essential.
Call Our Norcross, GA Truck Accident Attorneys Today
For a free case assessment, call (844) 876-4357 today to speak with Howe Law’s truck accident lawyers.
