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Jason R. Schultz P.C

Q:
How do I determine if the trucking company or the driver of the truck is liable for my injuries after a truck accident?

A:

Following an accident involving a large truck, liability for truck injuries will depend on what caused or contributed to the accident. Generally, if the driver is found to be at fault, the trucking company/carrier will also be held responsible for the actions of its employees. If injuries are serious or there are problems recovering damages, a Georgia truck accident attorney can help Peachtree City accident victims establish liability in the case.

Common Causes of Truck Crashes

Although drivers of other vehicles can be at fault for a truck accident, many times it is the truck driver who has acted in a careless or reckless manner. Traffic violations, impairment and even problems with the cargo being transported are some of the reasons a crash may occur.

Some of the common violations are:

  • speeding;
  • failing to yield;
  • tailgating; and
  • going through a stoplight or stop sign.

Impairment could include alcohol intoxication, street drug use or even taking a prescription medication that interferes with driving ability. Cargo that isn’t properly secured or isn’t balanced can cause a driver to lose control.

A Georgia truck accident attorney in Peachtree City can use:

  • evidence from police reports;
  • trucker logbooks;
  • photographs at the scene;
  • medical records; and
  • more to establish liability for truck injuries.

Truck Accident Liability

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA). So although employers are generally responsible for the actions of their employees, a violation of FMCSA regulations could especially place fault with the trucking company.

One example is when mandated procedures for drug and alcohol testing aren’t enforced. Another is when a trucking company allows a driver to operate the semi over the federally mandated number of hours allowed.

If a trucking company cuts corners in training and inexperience contributed to the cause of a crash, the company could be liable. Or if the company knew that a poor driving history should have kept the driver from getting behind the wheel of a truck, this could also be factored into determining liability.

With the potential to file a claim against both the driver and his or her employer, it’s beneficial to talk with an attorney. Jason R. Schultz handles these types of cases and may be able to assist. Set up a consultation with a Georgia truck accident attorney in Peachtree City following an accident involving a large truck to discuss liability.

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