The Atlanta area is one of the busiest shipping hubs in the country. Highways like I-20, the Beltway, I-75, and I-85 are filled with hundreds of semi-trucks daily. Between heavy commuter traffic and plenty of tourists, there’s a good chance of a tractor-trailer collision almost every day in the ATL.
Establishing liability in a truck accident case can get tricky, especially when dealing with liability on the part of the trucking company. Even if the driver is a contractor and not a direct employee, your Atlanta truck accident lawyer may still hold the company liable.
A large part of the investigation and case-building in truck accident claims involves gathering evidence to prove liability in a truck accident. Although the specific details are unique, truck accident liability claims share much in common. Your attorney weighs each one as they build your case.
What caused the crash?
Determining the cause of a truck accident typically identifies the party responsible for it. If the driver was distracted, under the influence of alcohol or drugs, speeding, or failed to follow posted traffic signs or signals, they would be considered negligent. Therefore, they’d be liable for the crash.
Or, perhaps the driver was following a demanding schedule. Meeting their deadlines required them to drive longer than federally allowed. In that case, there could be shared liability: the trucker for violating federal regulations and the trucking company they’re working for setting an unrealistic schedule.
Mechanical failure, like a tire blowout or brake failure, is another common cause of a wreck. Sometimes, it’s just an accident or a part wearing out at a bad time. Other times, mechanical failure can be the fault of a mechanic working on the rig or the responsibility of a trucker who failed to complete regular vehicle and equipment checks.
Was the driver compliant with FMCSA regulations?
The Federal Motor Carrier Safety Administration (FMCSA) governs commercial truck operations. The FMCSA sets specific rules for hours of operation, mandatory rest times, maximum speed, cargo loading, and vehicle maintenance.
In addition, Georgia sets its own regulations for commercial drivers, similar to those set by the FMCSA. Violating state or federal regulations means the driver (and sometimes their employer) shoulders the liability in a truck accident claim.
To obtain a commercial driver’s license (CDL), a truck driver must pass a test covering federal and state regulations for truck operations, a practical driving test, and written tests covering road safety and traffic laws.
Thus, a licensed truck driver is presumed to know government regulations. Failure to comply with these can be considered negligence.
What evidence is available to build the case?
Establishing liability in a truck accident case requires building a case based on solid evidence. Your attorney must prove that the driver and any other responsible party were negligent and caused the crash and your injuries.
The police accident report from the wreck contains plenty of information for your attorney to start building their case. Our firm also uses private investigators to uncover physical evidence, dash cam, traffic cameras, and other footage of the wreck and witness accounts to bolster our case.
Newer commercial semi-trucks are equipped with an Event Data Recorder. This is the “black box” that logs the truck’s movements, speed, and location. Analyzing data from this and the driver’s cell phone can yield additional evidence. It can help prove that the trucker was speeding, on their phone while driving, or operating longer than federally permitted.
Georgia laws governing truck accident liability
Georgia is a modified comparative negligence state for truck accidents. This means that even if you contributed some of the blame for the crash, you can still collect damages – but only if you contributed less than 50% of the blame for the collision.
If a jury finds that you contributed most of the fault for the accident, you don’t receive damages. If you do receive damages, the amount you receive is reduced by the percentage of blame you contributed.
For example, if your damages were $50,000 and a jury determines that you contributed 20% of the fault for the crash, then you will receive $40,000—a 20% reduction.
How an Atlanta truck accident lawyer can help with your claim
An experienced Atlanta truck accident lawyer handles all aspects of your claim. Investigating the crash, gathering evidence proving the trucker’s liability, and naming other liable parties. They’ll also work drafting and filing your lawsuit, handling necessary legal motions to move your claim forward, and communicating with the other party.
The legal team at Karell Trial Attorneys has a strong track record of successfully litigating complex commercial truck accident claims. With decades of combined experience and a thorough knowledge of federal and state laws governing safe commercial vehicle operations, we’re highly qualified to handle even the most complex, multi-defendant truck accident claims.
Contact us at (678) 999-3331 for a free consultation.
