Who Can Be Held Liable in a Truck Accident Claim?
Semi-trucks and other large freight carriers can weigh upwards of 80,000 pounds, which makes commercial truck accidents some of the deadliest crashes on our roadways. Often, truck accidents are the result of truck driver negligence, but the matter of liability does not end there. If you were injured in a truck accident that was caused by another party’s negligence, our experienced Cumming truck accident attorneys at Banks, Stubbs & McFarland have the legal insight and skill to help.
When Truck Driver Negligence Causes Truck Accidents
Truck drivers are professional drivers who take on immense safety responsibility. They expertly navigate Cumming’s heavy commuter traffic and proactively address risks every day.
Failing to take the necessary precautions behind the wheel or engaging in any of the following basic forms of driver negligence are all primary causes of truck crashes in the area:
- Exceeding the speed limit or driving too fast in relation to relevant conditions
- Distracted driving or otherwise failing to pay adequate attention to the road
- Driving under the influence of alcohol or drugs
- Driving while fatigued, often due to violations of hours-of-service rules, remains a concern in trucking.
- Driving aggressively is especially dangerous in large trucks.
- Failing to perform required pre-trip safety inspections
- Failure to yield, such as merging without checking blind spots, and improper turns
Trucking companies are unquestionably held liable for accidents resulting from their drivers’ negligence. Georgia’s legal doctrine holds that employers are vicariously liable for employees' acts within the scope of their employment. Determining liability is complex, making it essential to secure the guidance of a skilled attorney to protect your interests.
When the Trucking Company Is Directly Responsible
Trucking companies can be held legally liable in response to truck driver negligence, but they can also be directly responsible as a result of their own negligent practices. Any deficiencies in any of the following areas can qualify:
- Hiring safe, qualified truckers
- Retaining unsafe, unqualified truck drivers
- Maintaining their rigs in a safe working condition
- Implementing safe driving schedules that align with all state and federal hours of service laws
- Requiring regularly scheduled maintenance and safety checks
- Ensuring that safe loading practices are employed
- Failure to adequately train its truck drivers
Other Forms of Potential Liability
Truck accidents often occur due to factors well beyond the control of trucking companies and their drivers. Truck manufacturers are held accountable for accidents resulting from defective design, manufacture, or instructions. Road defects undeniably cause severe crashes, and when liability rests with the municipality, legal proceedings become especially complex. Furthermore, a recent Supreme Court decision determined that freight brokers are liable under state law for negligently hiring unsafe motor carriers.
Our Experienced Cumming Truck Accident Lawyers Are Here to Help
Our experienced Cumming, GA, personal injury attorneys at Banks, Stubbs & McFarland understand the seriousness of your truck accident claim and are committed to helping you achieve the best possible outcome. Contact us online or call 770-887-1209 to learn how we can help.