Involvement in a truck accident is always a stressful and intimidating experience. Due to the sheer size of trucks, victims of truck crashes can suffer devastating and catastrophic injuries. The first thing you should do after a truck accident is seek medical attention.
Once you receive medical care after the crash, you may wonder, “Who can be held responsible for a truck accident?” if you suffered a serious injury in a truck accident, the medical expenses are probably beginning to pile up.
For this reason, we highly advise you to consult with an experienced truck accident attorney to discuss your case and determine at-fault parties in your specific case. Then, contact our dedicated Alpharetta construction accident lawyers at Howe.Law to speak about your case.
No. In fact, in most truck accidents, the truck driver who caused the accident is not the only at-fault party. As the truck driver’s employer, the trucking company may also share liability for the crash.
Aside from a truck driver, potentially at-fault parties include:
- The trucking company
- The manufacturer of the vehicle or its parts
- The cargo loader or shipper
- Third-party vendors who provide services to the trucking company
- A government entity responsible for roadway maintenance
If you acquire an injury in a trucking accident in Georgia, Tennessee, or Mississippi, do not hesitate to contact our Alpharetta truck accident lawyers at Howe.Law to determine who can be held liable for the crash in your particular case.
Our Georgia personal injury attorneys are committed to conducting a thorough, in-depth investigation. We will gather all available pieces of evidence to help you hold the at-fault party(s) responsible for your truck accident.
When Can a Truck Driver Be Held Responsible for a Trucking Accident?
In most truck accidents, the trucker bears partial or full liability for the collision. A truck driver can be held responsible for causing an accident when the victim can prove that the trucker’s negligence led to the crash. Driver error is one of the most common causes of crashes involving trucks.
A large percentage of truck accidents in Georgia, Tennessee, and Mississippi are caused by the negligence of the truck driver. For example:
- Distracted driving
- Fatigued driving
- Driving while intoxicated
- Unsafe lane changes
- Failing to stop at red lights
- Violating the federal hours of service (HoS) regulations
- Engaging in other dangerous driving behaviors
It is vital to investigate your particular truck accident to determine what caused it and whether the truck driver is the only at-fault party.
Other Parties That Can Be Liable for a Truck Accident
Your Atlanta personal injury attorney should conduct a thorough and complete investigation to determine why and how the truck accident occurred and who can be held liable for the resulting damages and losses. Depending on the circumstances of your truck crash, the following parties could be responsible for your crash:
The truck driver.
The truck driver may bear partial or complete responsibility for the accident if their negligence caused or contributed to the collision. For example, you can hold a truck driver liable for the crash if you prove that the driver engaged in negligent driving behaviors, such as speeding or improper lane changes.
The trucking company.
As the truck driver’s employer, the trucking company may be vicariously liable for the accident. However, many trucking companies across the country classify their drivers as “independent contractors” rather than employees. This factor alone may complicate the victim’s ability to hold the trucking company responsible. Nonetheless, you may be able to pursue a claim against the trucking company if its negligence or carelessness contributed to the accident. For example, if the trucking company failed to hire a qualified and competent driver or imposed unrealistic deadlines.
The cargo shipper/loader.
When a truck accident is caused by improperly secured or loaded cargo, the party responsible for shipping, securing, and loading cargo may be held accountable for the collision. Therefore, cargo shippers and loaders must follow strict regulations to ensure that cargo is secured correctly and loaded to prevent accidents.
Many trucking companies rely on third-party vendors to perform various tasks, including recruiting and training truck drivers, maintaining and repairing vehicles. When a third-party vendor’s negligence results in a preventable truck accident, the victim can hold the vendor responsible for the crash.
The manufacturer of the vehicle or its parts
It is not uncommon for truck accidents to occur because of vehicle defects and equipment malfunction or failure. When a truck crash occurs due to vehicle problems, an Alpharetta truck accident attorney will determine if a defect or a maintenance issue causes the collision.
A government entity.
Not all truck accidents result from the truck driver or trucking company’s negligence, carelessness, or reckless conduct. Instead, some collisions occur due to government agencies’ failure to maintain roads and highways in good condition. If you can prove that poor road conditions caused your truck accident, you may be able to file a lawsuit against the government entity responsible for the stretch of the road where the crash took place.
Can Multiple Parties Be Liable for a Truck Accident?
Yes, absolutely. It is not uncommon for multiple parties to be at fault for a truck accident. In many cases, an injured victim can bring a claim against both the truck driver and the trucking company, though other parties may be responsible, too.
When it comes to seeking compensation for your losses and damages after a truck accident, you should be careful when dealing with insurance companies. Trucking companies have access to the best defense lawyers to protect them from liability and minimize their financial losses in the event of accidents.
An insurance company may offer you a lowball settlement offer that does not represent your actual losses and damages. You have a right to refuse to accept the offer. If an insurer makes an offer, consult with a Gulfport truck accident attorney to investigate your case and determine what amount of money would fairly and fully compensate you for all of your damages.
Note: Once you accept an insurer’s settlement offer, you automatically sign away your right to sue the liable parties and obtain more compensation.
At Howe.Law, we have decades of experience taking on complex truck accident cases to obtain favorable compensation for our clients. We are committed to working diligently and protecting your rights in Georgia, Tennessee, or Mississippi.
You Need Evidence to Determine Liability After a Truck Accident
When seeking compensation for your damages and losses caused by a truck accident, it is imperative to collect all available pieces of evidence to strengthen your case. Evidence that can help you determine liability after a truck crash includes:
- A police report
- Black box data
- Testimony from accident reconstruction experts
- Photos taken at the accident scene
- Camera surveillance footage
- Witness statements
- The truck driver’s logbook
While you can take photos at the scene of your truck accidents and obtain a police report after the crash, a knowledgeable Tennessee personal injury attorney will help you gather and gain access to all other pieces of evidence. In many cases, attorneys need a court order to gain access to black box data, logbook, and camera surveillance footage.
Why You Need a Truck Accident Attorney
It is always a good idea to seek the legal counsel of a knowledgeable distracted driving attorney to help you obtain rightful compensation. In addition, your truck accident attorney will fight for your best interests when dealing with insurance companies following the crash.
The insurance claims adjuster’s job is to pay claimants as little as possible and maximize earnings for their employer (the insurance company). But, unfortunately, the trucking company that hired and trained the driver involved in your collision could also use a variety of tricks to avoid liability or undervalue your claim.
In most truck accident cases, at-fault parties do not admit their fault, which means you will need an attorney to conduct a thorough investigation to determine liability in your particular case.
You need a skilled, experienced attorney to represent you and ensure that all liable parties are responsible for the accident. Your attorney will do the following:
- Investigate your case to determine all at-fault parties to maximize the recoverable amount
- Handle all communications with the trucking and insurance companies on your behalf
- Gather all available evidence to strengthen your case
- Examine the circumstances of your truck accident case to determine if the driver or company violated any Federal Motor Carrier
- Safety Administration (FMCSA) regulations
- Determine a fair settlement offer to ensure that you receive the most compensation
- Take your truck accident case to court, if necessary
Do not hesitate to speak with an Alpharetta personal injury attorney if you or someone you love has been in a truck accident.
Speak with Truck Accident Attorneys at Howe.Law Today
Schedule a free consultation with our experienced Nashville personal injury attorneys at Howe.Law to discuss your case. We have decades of experience obtaining fair and total compensation for truck accident victims in Georgia, Tennessee, and Mississippi. Call 844-876-4357 to receive a case review.