Trucking collisions are among the most devastating types of crashes on the road, often resulting in severe injuries, significant property damage, and even fatalities. In Georgia, highways and city streets see a high volume of commercial trucks sharing the road with passenger vehicles, and when collisions occur, proving liability can be far more challenging than in typical car crashes. Understanding the complexities of these cases is essential for victims seeking fair compensation.
Here, our Atlanta personal injury attorneys at Ashby Thelen Lowry explore why trucking crash cases are more complex than car crashes and how we can help navigate the unique challenges.
In Georgia Commercial Truck Crashes, Multiple Parties May Be Liable
Unlike standard car wrecks, where liability typically falls on one or more drivers, trucking collisions often involve multiple parties who could share responsibility.
Potentially liable parties may include:
- The Truck Driver: If drivers were speeding, distracted, fatigued, or impaired, they may be liable for the crash.
- The Trucking Company: Trucking companies are responsible for hiring qualified drivers, maintaining their vehicles, and adhering to federal regulations. They may bear liability if they fail to follow safety protocols or encourage drivers to violate hours-of-service limits.
- The Cargo Loader: Improperly loaded or unsecured cargo can shift during transit, causing the truck to become unbalanced and more likely to roll over or jackknife. The company responsible for loading the cargo could be liable if their negligence contributed to the crash.
- The Truck or Parts Manufacturer: If a mechanical failure, such as a brake or tire malfunction, caused the crash, the manufacturer of the defective parts may share responsibility.
- Maintenance Providers: Trucks require regular inspections and maintenance. If a third-party maintenance provider fails to perform adequate repairs or inspections, they might also bear some liability.
With multiple parties potentially at fault, determining liability in a trucking crash requires a comprehensive investigation and a deep understanding of how each party’s actions may have contributed to the collision.
Federal and State Regulations Apply to the Commercial Trucking Industry in Georgia and Nationwide
Commercial trucking is subject to strict federal and state regulations to keep our roads safe. The Federal Motor Carrier Safety Administration (FMCSA) regulates hours-of-service limits, vehicle maintenance requirements, drug and alcohol testing, and driver qualifications.
Georgia also has specific regulations that impact trucking operations within the state.
Any violation of these regulations can indicate negligence when a trucking crash occurs.
Our experienced attorneys can examine company records, maintenance logs, and driver logs to identify violations and strengthen the victim’s case for compensation.
Complex Evidence is Required to Prove Commercial Truck Crash Cases in Georgia
Proving liability in a trucking crash often requires gathering and analyzing complex evidence.
This may include, but is not limited to:
- Electronic Logging Devices (ELDs): Commercial trucks have ELDs that record service hours, providing data on whether drivers exceeded legal limits. This data is crucial in cases involving driver fatigue.
- Event Data Recorders (Black Boxes): Many trucks have “black box” devices that record speed, braking, and other vehicle information leading up to the collision. This data can help determine whether the driver acted negligently.
- Maintenance and Inspection Records: Reviewing the truck’s maintenance history can reveal if the trucking company or maintenance provider neglected the required inspections or repairs.
- Driver Logs and Employment Records: These records can show whether the driver was adequately trained, had a history of safety violations, or was required to drive more extended hours than legally allowed.
- Cargo Records: Improperly loaded cargo can shift and contribute to collisions. Cargo records can provide insight into whether the load was balanced and secured.
Collecting this evidence requires a prompt and thorough investigation, as trucking companies may only retain records for a limited time. Our skilled attorneys can quickly secure evidence supporting our client’s claim.
Commercial Truck Crash Insurance Issues and Higher Policy Limits
Trucking companies typically carry insurance policies with much higher limits than individual drivers, often due to the severity of damages in trucking collisions. While this means that victims may be able to pursue more substantial compensation, it also leads to aggressive tactics from insurance companies aiming to protect their bottom line.
Common insurance challenges in Georgia trucking crash cases include
- Aggressive Defense Tactics: Insurance companies may attempt to minimize their liability by disputing fault, downplaying injuries, or claiming that the victim contributed to the crash.
- Shared Fault Disputes: With multiple potentially liable parties, insurers may attempt to shift blame onto each other or even onto the victim, complicating the claims process.
- Settlement Pressure: Insurance adjusters may offer quick settlements that fall short of covering the victim’s total damages, hoping to resolve the case before the victim consults with an attorney.
Our experienced trucking collision attorneys can handle negotiations with multiple insurers, ensuring that each liable party is held accountable and that the victim receives fair compensation.
How Our Atlanta Personal Injury Attorneys Can Help in Trucking Crash Cases
Our personal injury lawyers in Atlanta understand the complexities of proving liability in trucking crashes. Our team has the experience, resources, and dedication to investigate these cases thoroughly and hold each responsible party accountable. We work with collision reconstruction experts, analyze federal and state regulation compliance, and handle negotiations with multiple insurance companies to ensure you receive the compensation you deserve.
If you or a loved one has been injured in a trucking crash in Georgia, don’t navigate this complex process alone. Contact us for a free consultation, and let us guide you through every step, from investigating the crash to fighting for maximum compensation. We’re here to help you rebuild your life and confidently move forward.