Truck collisions are among the most devastating incidents on Georgia’s roadways, often resulting in catastrophic injuries, significant property damage, and emotional trauma. While victims have the right to seek compensation for their losses, establishing fault in truck-related cases can be particularly challenging.
These claims often involve multiple parties, complex regulations, and substantial evidence requirements, making it essential to understand the obstacles victims face and how to address them effectively. At Ashby Thelen Lowry, our Atlanta personal injury attorneys are here to help.
Why Is Proving Fault More Complicated in Truck Collisions?
Unlike standard car crashes, truck-related cases often involve commercial vehicles subject to state and federal regulations. The size and weight of trucks amplify the potential for severe damage, creating high-stakes claims where multiple parties may dispute liability.
Some of the primary challenges in proving fault in these cases include:
- Multiple Potentially Liable Parties
One significant challenge is determining which party—or parties—are responsible for the collision.
In Georgia truck cases, liability may extend beyond the driver and include:
- Truck Drivers: Responsible for errors like speeding, distracted driving, or driving while fatigued.
- Trucking Companies: Liable for failing to properly train drivers, maintain vehicles, or enforce safety protocols.
- Cargo Loaders: Accountable for improperly loaded or unsecured cargo, which can lead to rollovers or jackknife incidents.
- Vehicle Manufacturers: Responsible for defective parts, such as brakes or tires, that contribute to mechanical failures.
- Government Entities: May bear responsibility for hazardous road conditions or inadequate signage.
Establishing fault often requires a thorough investigation to determine which party—or combination of parties—contributed to the crash.
- Complex Regulations
The Federal Motor Carrier Safety Administration (FMCSA) and Georgia state laws heavily regulate the trucking industry.
These regulations include:
- Hours of Service (HOS): Rules limiting how long drivers can be on the road to prevent fatigue.
- Maintenance Standards: Requirements for regular vehicle inspections and repairs.
- Driver Qualifications: Standards for proper hiring and training of truck drivers.
Proving fault may involve demonstrating that violating these regulations contributed to the collision. However, understanding and applying these rules requires legal experience, skills, and resources. We can help.
- Access to Evidence
Critical evidence in truck cases is often controlled by trucking companies or other entities, which may be unwilling to share it.
Examples of key evidence include:
- Black Box Data: Electronic logging devices that record speed, braking patterns, and hours of service.
- Maintenance Records: Documentation showing whether the truck was properly maintained.
- Driver Logs: Evidence of compliance or violations of HOS rules.
- Surveillance Footage: Video from traffic cameras or nearby businesses that may provide valuable insights.
Acting quickly to secure this evidence is essential, as companies may attempt to withhold or destroy it to avoid liability.
- Disputes Over Causation
Even when it’s evident that a truck was involved in the collision, proving the specific cause can be difficult.
Common defenses include:
- Comparative Negligence: Arguing that the victim was partially at fault, speeding or failing to yield.
- Unavoidable Circumstances: Claiming that weather conditions or road hazards—not negligence—caused the incident.
- Mechanical Failures: Shifting blame to vehicle manufacturers for defective parts.
Overcoming these defenses requires compelling evidence, expert testimony, and meticulous case preparation.
- Insurance Company Tactics
Trucking companies typically have powerful insurance providers and legal teams working to minimize payouts.
These insurers may:
- Dispute liability to avoid responsibility.
- Pressure victims into accepting lowball settlements.
- Delay the claims process to frustrate victims and reduce their resolve.
Fighting these tactics demands an experienced attorney who can advocate effectively on your behalf.
How Ashby Thelen Lowry Can Help
At Ashby Thelen Lowry, our Atlanta personal injury attorneys have the knowledge and resources to navigate the complexities of truck collision cases.
We are committed to helping victims by:
- Conduct thorough investigations and gather critical evidence.
- Identifying all liable parties to build a strong case.
- Collaborating with crash reconstruction experts to establish causation.
- Negotiating aggressively with insurance companies to secure fair compensation.
Contact us today for a free consultation if you or a loved one has been injured in a Georgia truck collision. Let us handle the legal challenges while you focus on recovery. Together, we will fight for the justice and compensation you deserve.