Truck Accident Liability: What Does the Law Say?

A truck accident is serious in that the damages done can be extreme since trucks are bulkier and pack much more momentum than other vehicles. However, establishing liability can be a challenge even if the crash appears to be simple on the face of it. Only a capable Atlanta truck accident attorney from The Super Lawyer legal group can help you fight for your rightful compensation and not let you fall prey to the tactics of the insurance adjuster which are meant to downsize the payout that you get for your damages. But before we move on to how our Atlanta injury attorneys can help you, it’s first important to understand how liability works in truck accident cases.

Important Regulations For Truck Drivers

Since the risk of auto accidents with trucks is quite high, several rules and regulations have been set in place to ensure maximum safety. If any of these were violated in your case, leading to a truck-related accident, you can demand compensation from the liable party for any damages sustained.

Some important rules and regulations are as follows:

  • The drivers must be licensed by the state, this is possible if they’ve passed the necessary tests
  • Truckers must undergo special training to equip the skills needed for the job at hand
  • Trucks also face physical tests and must clear them, after every 2 years
  • Truckers are not allowed to carry alcohol (unless its cargo) or consume it while/before driving
  • FMSA allows truckers to work a maximum of 11 hours per day, no more than that

Such laws reduce the likelihood of a trucking accident and can thus prove to be life-saving for potential victims, but non-compliance can lead to trouble.

On top of this, any cargo being transported must be safely and properly fastened to avoid any risks for passenger vehicles sharing the road. Trucks are also legally required to display the HAZMAT markings, vehicle number issued by the Department of Transportation, and other indicators for the information and protection of other drivers.

What Do Truck Accident Liability Laws Say About The Liable Parties?

Based on the liability laws surrounding truck accidents, one or more of the following can be responsible for the damages you’ve sustained and be made to compensate you:

Driver

This is the most obvious suspect. Any form of distracted driving, drunkenness, driver fatigue, eating while driving, texting while driving, and other such activities can make the trucker directly responsible for the accident and the resulting damages.

Company

If the driver was overworked (we have already mentioned that there is a time limit) or poorly trained, or if the hiring was irresponsible in the first place, then the trucking company will be held liable for the damages caused by the accident.

Owner

Perhaps there was something wrong with the truck itself or the way it was kept, and if that is the case, then the owner of the truck can also be held responsible if they knew of the issue but failed to address it in time.

Owner Of The Freight

If the freight itself proved to be a hazard due to the nature of the freight materials or the way it was handled, then the owner of the freight will be held liable for any damages caused.

Manufacturer

Inherent manufacturing defects like issues with braking or steering can also sometimes lead to crashes, and if that is the case then the manufacturer will be held responsible for the damages. Manufacturing defects become the prime problem if it is proven that the driver acted responsibly but still failed to prevent the accident because of the defects in the design of the truck.

Maintenance Crew

Sometimes, it is the maintenance crew that becomes responsible for the damages sustained by the victim by either failing to identify a core problem area, hastily finishing the maintenance job, or failing to address problems noted already.

Why You Must Hire An Atlanta Truck Accident Attorney For Your Case

People involved in a truck accident suffer from severe injuries and are left with medical bills, property damage, or several other expenses that result from the accident. In such a case, it becomes a challenging task to hold the negligent driver (or any other liable party) responsible without any professional legal help.

A competent lawyer can save you and behave in your best interest. While people have the liberty for self-representation in a court, overlooking simple but crucial steps in the court proceedings can put self-presenters in pinch – ultimately leading them to spend even more money.

An expert trucking accident attorney can take full responsibility for your case and offer you the time and peace of mind needed to recover from injuries. It is significant to know that the other party was responsible for the accident, yet their fault and negligence must be proved through facts and evidence.

While, considering whether it is worth employing a truck accident lawyer, bear in mind that your attorney will do way more than protect your formal rights and sum up your medical bills. They will struggle tirelessly to construct a strong case against a negligent driver and aim to achieve the best probable settlement for you.

A settlement should not only cover your financial costs but also compensate you for your physical as well as emotional suffering and any reduced life quality you might experience after a serious truck accident.

Let Our Atlanta Injury Attorneys Help!

If you or a loved one has been involved in such an accident case, seeking legal help from a capable and experienced Atlanta injury attorney from The Super Lawyer legal group is a must. Not only will our lawyers guide you through the whole case during our free one-on-one initial consultation session but will also offer legal representation throughout, ensuring that your position stays strong throughout. You can count on our Atlanta truck accident attorneys to represent your best interests throughout the case and to deliver you maximum compensation for your losses.

Contact us now for a free consultation!

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