In most situations, if you are in a truck accident, you will file a claim against the trucking company. This is because companies are usually vicariously liable for the actions of the employees when their employees cause an accident while on duty.
Know Who to Sue for a Truck Accident and Damages
In most personal injury truck accident claims, the company is the one that is responsible for paying for the victim's damages. Georgia follows a doctrine known as “respondeat superior.”
This doctrine, detailed under O.C.G.A. § 51-2-2, states the following: “Every person shall be liable for torts committed by…his servant by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily.”
This essentially means that so long as an employee is acting in the scope of his employment, the company can be liable for the damages caused by the employee.
Trucking companies have a duty to ensure their drivers are well-trained and fully capable of acting responsibly on the road. If one of their drivers causes an accident, the trucking company that employs the driver will have to foot the bill. More accurately, it’s usually the company’s insurance company that will pay for the victims’ damages.
There are some exceptions to the rule, such as the following.
- If the driver was self-employed
- If the driver wasn’t on duty
- If the accident was caused by a defective component on the truck (in this case, the proper party to file against might be the parts manufacturer)
Still, review the details of the accident with an attorney to determine liability.
Truck Accident Attorney in Atlanta
Which party should be liable really depends upon the circumstances of the accident. Your best bet will be to speak to a local truck accident attorney to review your case and advise you accordingly.
For legal advice regarding a truck accident in Atlanta, contact Jason Schultz, P.C. at 404-474-0804 to schedule a free consultation today.