At Ashby Thelen Lowry, our Atlanta personal injury attorneys know employer liability in commercial vehicle collisions is a critical issue for Georgia residents, especially when it comes to understanding their rights and the responsibilities of employers. In Georgia, if an employee causes a vehicle collision while performing work-related duties, the employer can be held liable under the legal doctrine of “respondeat superior.”
This principle holds that employers are responsible for their employee’s actions when they occur within the employment scope.
Here, we explain how Georgia residents involved in commercial vehicle collisions can navigate the complexities of employer liability and ensure they receive appropriate compensation for their injuries and losses.
When Can a Trucking Company Be Held Liable for a Collision with Injuries in Georgia?
A trucking company can be liable for a commercial vehicle crash under several circumstances, which typically hinge on the company’s responsibility for its drivers and vehicles.
Key situations include:
- Negligent Hiring: If the trucking company hires a driver with a poor driving record, lack of proper licensing, or history of substance abuse, and this driver causes a crash, the company can be held liable.
- Inadequate Training: If the company fails to provide adequate training to its drivers on safety protocols, vehicle handling, or compliance with federal and state regulations, it can be held responsible for crashes resulting from such inadequacies.
- Maintenance Failures: Trucking companies must maintain their vehicles in safe working conditions. The company can be liable if a crash is caused by mechanical failure due to inadequate maintenance or inspection.
- Violations of Regulations: If the company violates federal or state trucking regulations, such as hours-of-service rules that limit how long a driver can be on the road without rest, and these violations contribute to a collision, the company can be held liable.
- Negligent Supervision: If the company fails to properly supervise its drivers or monitor their compliance with safety and operational protocols, leading to unsafe driving behaviors or practices that cause a crash, liability can fall on the company.
- Improper Loading: If the collision is caused by improper truck loading, leading to instability or shifting cargo, the company responsible for loading the vehicle can be liable.
In any of these scenarios, victims of a commercial vehicle crash involving a trucking company should seek legal counsel to investigate the specifics of their case and determine the extent of the company’s liability. We can help.
Contact our skilled Atlanta personal injury lawyers and support team at Ashby Thelen Lowry at (404) 777-7771 to schedule a free consultation. This initial step will ensure your rights are protected and enable you to make informed decisions about the direction of your claim.