Crashes involving heavy trucks like 18-wheelers can leave victims with utterly devastating injuries. The cost of vehicle repair or replacement can pale in comparison to the bills for hospitalizations, physical therapy, home nursing, etc. In addition, if your injuries caused you to miss work or to develop disabilities that prevent you from working at your previous capacity, your lost wages can be immense.
For help, always work with a lawyer. We can represent you against insurance companies and the legal teams that trucking companies often use to try to shut down the cases against them.
Contact Howe Law’s Savannah truck accident lawyers today at (844) 876-4357 to review your case with us at no charge and learn more about what we can do to help you with your specific case.
When Trucking Companies Are at Fault for Truck Accidents in Statesboro, GA
When a driver hits you, they are typically held responsible in their personal capacity as a driver. However, when commercial truck drivers crash into you, they are often working for a trucking company, and that company could be liable to you for your injuries. Our truck accident attorneys usually pursue cases against trucking companies on some of the following grounds:
“Vicarious Lability” or “Respondeat Superior” Grounds
When an accident occurs while a worker is performing their job duties, their employer can typically be held accountable for the worker’s mistakes. Truck drivers in the process of carrying cargo and making deliveries for their employers might cause crashes, but the company they work for can often be the target of insurance claims or lawsuits instead of having to rely on a case against the individual trucker.
This can help you get access to additional coverage through the trucking company’s insurance as well as damages that the individual trucker might not be able to cover but the trucking company can.
Keep in mind that these cases do not typically work against the trucker’s clients if the truck driver is a self-employed driver or independent contractor. This is common with owner-operators, who own their own trucks and work as their own business. However, these drivers who run their own business must still carry insurance that should cover the injuries they cause as a result of truck accidents.
Negligent Hiring and Retention
When a trucking company hires drivers, they must do so in a reasonable manner. If they failed to follow state and federal transportation regulations regarding driver qualifications, or if they failed to perform reasonable background checks and driving record checks on their drivers, they could be found negligent. For example, a company that missed a history of DUIs or vehicular assault would likely be found negligent for hiring that driver in the first place.
Once the trucking company gets wind of mistakes and problems with their driver, they might be obligated to fire that driver. Retaining the driver anyway would be dangerous, and they would knowingly be endangering their cargo and everyone on the road with their driver if they keep the trucker on staff after known incidents.
Vehicle Problems
When trucking companies own the vehicles their drivers take on the road, the company is typically responsible for both the upkeep and maintenance of these vehicles. Especially if they are using in-house mechanics, they should be held accountable for any mistakes or oversights that lead to the crash. For example, worn-down tire treads, malfunctioning lights, and problems with underride guards (Mansfield bars) could be the trucking company’s fault.
Regulatory Violations
Although some of these issues are rare, some trucking companies have, in the past, been found liable for accidents because they forced drivers to commit regulatory violations. Trucking companies and drivers have regulations they have to follow, including licensing requirements, hour limitations, weight limits, loading and tie-down requirements, equipment regulations, and more. Any violations of these regulations that can be blamed on the trucking company could lead to the trucking company being held responsible for a crash.
Common Causes of Trucking Accidents in Statesboro, GA
Although trucking accidents can be caused by many different issues, the following are some of the most common causes:
Driver Inattention
When a truck driver is not paying proper attention to their surroundings, crashes can happen easily. Failing to properly use their mirrors and cameras, being distracted by their phone, or simply losing focus on driving after hours on the road can all be a huge danger.
Drugs and Alcohol
Drivers who spend a lot of time on the road might become more relaxed with rules regarding drinking and driving or taking drugs while driving. In fact, many truckers turn to drugs and alcohol for a “buzz” while driving, and substance abuse among truckers is an industry problem that is not always properly controlled, leaving others at risk.
Tired Driving and Sleep Apnea
Although drivers are required to follow restrictions on how long they can drive without breaks and what medical conditions they are allowed to have, tired driving and certain medical conditions can still play a huge part in making truckers too exhausted to drive safely. Long hours on the road can often be counteracted by caffeine, but this does not make you less tired, and massively caffeinated drivers can still be too tired to be safe. Additionally, conditions like sleep apnea and other sleep disorders might make drivers dangerous behind the wheel, whether there are rules strictly disqualifying them or not.
Improper Loading
Overweight trucks and trailers loaded improperly regarding the location of cargo or tie-downs used can create additional dangers. Overweight trucks are harder to stop, start, and control. Cargo loaded too far toward the tail of the trailer can lead to more trailer sway and potential fishtailing, rollover, and jackknife accidents.
Call Our Truck Accident Lawyers Today
If you were hurt in a truck accident, contact Howe Law’s truck accident attorneys by dialing (844) 876-4357 for a free case assessment today.
