If you were injured in a truck accident, it can be difficult to know which party you should sue, the truck driver or the trucking company. Drivers and trucking companies are each responsible for ensuring their trucks are operated safely. But recovering compensation is a challenging process.
A skilled Georgia truck accident lawyer can be helpful when determining who caused your accident. Accidents involving commercial trucks are trickier than common car accidents because of the number of different parties involved in transporting goods. However, there might be several other parties than just the driver that could be named in your truck accident lawsuit.
If you were injured in a truck accident and not sure who you should hold accountable, our Georgia personal injury lawyers can help. Contact Howe Law at (844) 876-4357 for a free case review today.
Do I Sue the Truck Driver or Company for Causing an Accident in Georgia?
In many cases, the truck driver that hit you will likely be the party named in your Georgia lawsuit. Although, there are several situations where a trucking company is liable for the accident. Thus, the driver and the company could be sued in court in the same lawsuit. However, there are ways that trucking companies attempt to protect themselves from liability, so understanding what a trucking company could be held responsible for independently from their driver’s acts is critical to the success of your case. Our truck accident lawyers can review the facts of your case to determine if naming the driver and their employer in a lawsuit is appropriate.
Suing a Truck Driver for Causing a Crash in Georgia
The truck driver will typically be the party most responsible for causing your accident. Truck drivers must comply with state and federal regulations pertaining to the operation of trucks and follow traffic laws. When a truck driver negligently causes an accident, they can be sued.
Many truck drivers carry commercial insurance, which usually has higher coverage for damages, especially if the driver that injured you was an owner/operator of the truck. However, if the driver was an employee of a trucking company, they might not have enough personal coverage for your injuries. In most cases, the best path to compensation will be to name both the driver and their employer in your lawsuit. Our Alpharetta truck accident lawyers have a great deal of experience recovering compensation from negligent truck drivers, and we are ready to help you.
Suing a Trucking Company for Causing a Crash in Georgia
There are many situations where a trucking company can be held liable for the injuries their driver causes. Trucking companies can also be held accountable for their own negligence. Further, state and federal regulations place numerous responsibilities on trucking companies that they do not always comply with.
Suing a Trucking Company for Their Employee’s Negligence
Whether or not you can hold a trucking company liable for their driver will depend on the driver’s status. Many truck drivers are traditional employees, but others work as independent contractors for trucking companies. If a truck driver is an independent contractor, holding the company accountable can be difficult in the absence of some evidence of negligence on the part of the trucking company.
If a truck driver is a typical employee, the trucking company could be held liable under the legal doctrine of vicarious liability. Under this doctrine, a trucking company can be held responsible for an employee working within the scope and course of their employment at the time of the accident. For instance, the driver was speeding while making a delivery when the accident occurred.
Suing a Trucking Company for Their Own Negligence
There are several situations where the negligence of the trucking company contributed to causing the accident. Trucking companies must conduct reasonable background checks for drivers they might hire. Candidates with bad driving records or other safety concerns should not be let on the road. The National Highway Traffic Safety Administration (NHTSA) also requires trucking companies to screen potential employees for alcohol and drug use.
Trucking companies are also responsible for properly training their employees. Operating a truck is a complicated task, and trucking companies should ensure their drivers are capable of handling their vehicles.
Trucking companies can be notorious for pushing drivers too hard. There is a great deal of pressure to make deliveries quickly, and some trucking companies might pressure workers to work beyond what regulations allow.
State and federal regulations also require trucking companies to regularly inspect their trucks and maintain them properly. Failure to comply with government regulations can be evidence of a trucking company’s negligence in causing your accident. In some cases, you could be awarded punitive damages, which are meant to punish a defendant, if you can show that they knowingly violated a state or federal trucking regulation. Our Atlanta truck accident lawyers can help you if you believe the trucking company’s negligence caused your injuries.
Who Else Could be Held Liable for Causing a Truck Accident in Georgia?
There are many parties involved in the trucking industry. This means that other parties, besides the driver and trucking company, could bear some responsibility for your injuries. In many cases, another company is responsible for loading cargo, and an entirely different party might own the trailer where the cargo is transported. The following are some of the other parties that could be named in a truck accident lawsuit in Georgia:
- Manufacturers and sellers of defective truck parts
- The company responsible for loading the cargo
- Trailer owners
- Third-party company responsible for a trucking company’s maintenance
- Trucking company’s insurance provider
Truck accident cases require a serious investigation to determine all the potentially liable parties in the case. Our Gulfport truck accident lawyers can help you no matter how many parties contributed to your injuries.
Our Georgia Truck Accident Lawyers Can Help
Call our Warner Robbins truck accident lawyers at Howe Law for a free case evaluation if you or a loved one has been injured in a truck accident. You can reach us at (844) 876-4357.