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Determining fault in a truck accident in Georgia

On Behalf of | Dec 22, 2022 | Truck Accidents

If you get into an accident with a semi-truck in Georgia and are certain that it was the truck driver’s fault, you can file a lawsuit against them, especially if your injuries and car damages are significant. Be aware, however, that these cases are often complicated because there is often more than one party that could be held liable.

The driver

The driver of the truck would be liable for the accident if it were their negligence that caused the crash. For example, if you saw them texting while driving or smelled alcohol on their breath after the crash, the court might pin the liability on them.

The trucking company

The trucking company is responsible for the actions of its employees and making sure they adhere to safety regulations. Motor vehicle accidents that result from mistakes such as hiring unqualified drivers, not adhering to the legal driving time limit or not providing sufficient maintenance service to the truck before usage is the company’s fault.

The vehicle manufacturer

The manufacturer is liable if a defective part or component causes an accident. It could be a tire, brakes, steering wheel or any other part that fails due to manufacturing defects.

The cargo loader

If your accident occurred due to an improperly loaded or overloaded trailer, then the court might hold the party responsible for loading and unloading the cargo liable. If it’s found out that they failed to adhere to safety guidelines while doing so, you can file a lawsuit against them for compensation for damages and injuries.

How to go about your lawsuit

In Georgia, the statute of limitations for filing a personal injury lawsuit against a truck driver or trucking company is two years from the date of the accident. After identifying the at-fault party, you’ll need to gather evidence, including the police report, pictures and videos of the scene, witness statements, the truck driver’s logbook, the trucking company employment records, etc. The last step is to negotiate a fair settlement, which, if it doesn’t go well, you can file a lawsuit with the civil court.

If you win your case, you’ll receive both economic and non-economic damages, including medical bills, loss of wages, pain and suffering, etc. However, if things don’t go well, you can also consider an appeal with the Georgia Court of Appeals.

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