The truck driver or the trucking company may be responsible for a truck accident, depending on the following factors:
- The truck driver’s employment status
- The cause of your accident
- And other factors
For instance, if you were struck by a trucker who was on the job at the time of the collision, you could pursue compensation from their employer. However, if the trucker who hit you owned their own truck and business, they could be held liable for your losses.
We can provide more insight into who may be liable for your accident. We can examine your situation as a whole to determine your financial recovery options.
Determining Fault and Liability for Your Truck Accident
Determining liability can be complicated in any accident, but it is often especially complex with truck accident cases. However, an Atlanta truck accident lawyer from our firm can gather the necessary evidence to determine who caused your accident and who is responsible.
Some pieces of information we can gather for your case could include:
- The police report
- Photos and videos of the accident scene
- Your medical treatment records
- Statements from your doctor and any eyewitnesses
- The trucker’s driving logs
- Testimony from an accident reconstruction specialist
After reviewing this information, you can gain greater insight into who is responsible for your damages.
One or more of the following parties could be liable for your losses:
The Truck Driver
If the truck driver was not working for a third-party company and owned the truck that they were driving, they could be held financially accountable for your losses. You will need to prove that the truck driver’s negligence caused the crash.
This will involve establishing:
- The truck driver owed you a duty of care.
- The truck driver failed to uphold this obligation.
- As a result of the truck driver breaching their duty of care, you were hurt in a collision.
- You have suffered financial losses due to your accident.
If the truck driver was carrying liability insurance, then you may be able to file a claim with their insurance carrier. If not, however, then you could recover compensation through a lawsuit.
The Trucking Company
If the trucker was working for a trucking company at the time of the crash, you could hold the trucking company accountable for your losses under the principle of vicarious liability. This means that the trucking company could be held financially responsible for the actions of their employee.
Some factors that could make a trucking company liable include:
- Failing to vet prospective hires. If the trucking company does not conduct background checks on potential employees, they could inadvertently hire someone who is not fit to drive. This could make them liable for your losses.
- Implementing unreasonable delivery schedules. The Federal Motor Carrier Safety Administration (FMCSA) says that truckers can only drive for a certain number of hours. However, to meet demand, trucking companies may pressure their drivers to drive longer than they should. This, in turn, could make the trucking company liable for your damages.
- Failing to maintain a roadworthy fleet of vehicles. Trucking companies must perform regular upkeep on their vehicles to keep them safe. By failing to do so, they could be responsible for allowing an unsafe vehicle to be on the road.
There could be other instances that make a trucking company responsible for your collision-related damages.
For a free legal consultation, call (404) 888-8888
Truck Accidents FAQs
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You do not need to determine who is responsible for your truck accident by yourself. We can do this for you. Whether a truck driver or the trucking company is responsible for your truck accident will ultimately depend on your circumstances. Yet, if your accident was a result of negligence, you could seek compensation for your accident-related expenses.
These expenses could include:
- Pain and suffering
- Healthcare expenses
- Lost income
- Loss of future earning capacity
- Property damage costs
- Disability
In an ideal situation, we would be able to pursue compensation for you through an insurance settlement. However, if you need to pursue compensation through a lawsuit, you have two years to file a personal injury suit, per O.C.G.A. § 9-3-33. Seeking prompt legal action could be in your best interest.
Call Bader Scott Injury Lawyers To Learn More
Our team serving the Atlanta area is ready to help you pursue financial recovery for your collision-related losses. If you have any questions regarding who should be held financially accountable for your losses, call Bader Scott Injury Lawyers.
We can investigate the circumstances of your case and carry out the financial recovery process on your behalf. Do not worry about whether a trucker or their employer could be held accountable for your losses; let us take care of that for you.
Call (404) 888-8888 for a free consultation and to get started.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
