A trucking accident can be devastating and costly for the victims and their families, especially when the accident is caused by the negligence or recklessness of the truck driver. Unfortunately, drowsy driving and exhaustion are common contributors to these accidents, making them all too frequent occurrences.
So, if you or a loved one has been injured in a trucking accident due to drowsy driving or exhaustion (on part of the trucker – due to being overworked), you may be wondering if you can sue the trucking company for damages. In this blog, we’ll explore the answer to this important question.
When you have been injured in a truck accident due to drowsy driving or exhaustion, you need the help of a knowledgeable and experienced Georgia truck accident lawyer. We can help you assess your claim and build the strongest case possible. And, we can help you recover the compensation you deserve for your injuries and losses.
Can You Sue The Trucking Company For An Accident?
We’ve all heard the horror stories of how exhaustion and drowsy driving can lead to disastrous consequences. Unfortunately, accidents resulting from these factors are all too common and can often lead to serious injuries, or even fatalities. But what happens when a truck driver is the one responsible? Can you sue the trucking company for an accident resulting due to drowsy driving/exhaustion?
The short answer is yes, you can. Under the law, trucking companies are legally responsible for the actions of their employees, including their drivers. This means that if a truck driver is found to be at fault for an accident because of drowsy driving or exhaustion, then the trucking company could be held liable for the damages caused.
Factors Contributing To A Truck Crash
When it comes to trucking accidents, many factors can contribute to a crash. One of the most dangerous and overlooked causes is drowsy driving and exhaustion. While there is no doubt that drowsy and exhausted drivers can cause serious accidents, it is important to understand the legal implications of these types of accidents and whether or not you can sue the trucking company.
According to the National Highway Traffic Safety Administration (NHTSA), approximately 15% of all large truck-involved crashes are caused by drowsy driving. Additionally, the Federal Motor Carrier Safety Administration (FMCSA) estimates that driver fatigue is a factor in up to 13% of all trucking accidents. These statistics show just how dangerous drowsy and exhausted drivers can be on the road.
But technically the fault does not lie with the driver (even though they caused the accident), but with the employer who overworks their truckers.
How To Prove That The Company Was Negligent?
To successfully sue the trucking company for an accident resulting from drowsy driving/exhaustion, you will need to prove that the company was negligent. This means that you will need to establish that the trucking company either knew or should have known that the driver was in an unfit condition to drive, yet allowed them to do so anyway.
This could include evidence that the driver had been on the road for too long or that they were operating their vehicle in an unsafe manner. It could also involve proving that the trucking company had failed to properly train their drivers, or that they had failed to provide adequate rest periods or breaks.
Once you’ve established that the company was negligent, you will then need to prove that the negligence was a direct cause of the accident. This could involve proving that the accident would not have occurred if the trucking company had done something differently, such as providing more rest periods or breaks for the driver.
It’s important to note that successfully suing a trucking company for an accident resulting due to drowsy driving/exhaustion can be complicated, so it’s best to seek the help of a knowledgeable personal injury attorney. Our experienced Georgia truck accident lawyer can help you gather the necessary evidence and make a strong case against the company. Additionally, we can help you understand your rights and ensure that you get the compensation you deserve.
So, if you’ve been involved in an accident caused by a truck driver’s drowsy driving or exhaustion, don’t hesitate to contact us at the Super Lawyer Legal Firm. We can help you understand your rights and get the compensation you need to cover your medical expenses, lost wages, and other damages.
Hire A Personal Injury Attorneys In Atlanta, Georgia From The Super Lawyer Legal Firm To Help You
If you’ve recently been involved in a truck accident in Georgia and believe that the truck driver was operating while fatigued or exhausted, you may be entitled to seek compensation from the trucking company. Under Georgia laws, it is illegal for a truck driver to operate a commercial vehicle while under the influence of drugs or alcohol, while fatigued, or while otherwise impaired.
When a truck driver operates in a way that is unsafe or negligent, the trucking company can be held responsible. It is important to seek the help of experienced personal injury attorneys in Atlanta, Georgia to ensure that your rights are protected and that you receive the compensation you deserve.
When you hire us at the Super Lawyer Legal Firm, we will investigate the accident and determine who is at fault for the accident. We will review applicable state laws, interview witnesses, review evidence, and investigate the truck company to ensure that all safety protocols were followed. We will also review the truck driver’s records to determine whether they were impaired or exhausted at the time of the accident.
Once it is determined that the truck driver was responsible for the accident, we will negotiate a settlement with the trucking company. This settlement will include medical expenses, lost wages, property damage, and other damages associated with the accident. And if needed, we will take the necessary steps to pursue a lawsuit, and ultimately seek justice for the actions of a negligent trucking company that overworked their driver, leading to the crash.
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