An accident with a semi-truck is one of the most traumatic collisions you can experience. Understanding common causes of car accidents can help you recognize who may be at fault and how to protect yourself moving forward. You’re often left feeling angry that the driver could be careless enough to cause catastrophic damage to your life. However, not every truck accident is the driver’s fault. In some cases, you may be able to hold the trucking company liable for its negligence. Poor maintenance or unrealistic schedules played a role in the crash.
After a serious accident, it’s easy to turn your anger towards the person behind the wheel. That’s what we do when it’s a regular passenger car accident. In many truck accident cases, finding the liable party isn’t that easy. Sometimes, the real issue can be related to unsafe company practices, maintenance issues, or pressure to break company safety rules. If negligence by a trucking company caused the accident you were injured in, you have the right to seek compensation. Knowing when and how to hold the trucking company liable is critical to securing the maximum compensation for a car accident, especially when their actions contributed to the crash and your injuries.
When Can a Trucking Company Be Held Liable for an Accident?
Georgia law holds trucking companies liable for accidents when their drivers’ actions have led to injuries. This is called vicarious liability, and it allows you to pursue a claim against the company that employed the driver behind the truck’s wheel that caused the crash.
You can also sue the trucking company if it contributed to the crash by allowing unsafe practices in its daily procedures. These can include poor hiring, lack of training, and failure to enforce legal driving hours.
The Federal Motor Carrier Safety Administration (FMCSA) has safety standards that all trucking organizations must comply with. Breaking these standards renders the trucking organization responsible for any harm caused in a truck collision involving one of its drivers. It is also worth mentioning that liability on the part of a trucking organization often goes further than you may notice initially. An experienced legal team thoroughly investigating the accident can make or break your case against the company.
Common Reasons a Trucking Company Can Be Found Liable
After an accident with a truck, it’s easy to blame the truck driver and put all of your energy into suing them. However, it’s a good idea to take a step back and look at the whole picture to see who else might be at fault. Some common issues that stem from trucking company negligence are:
- Negligent Hiring – Trucking companies are supposed to vet their drivers properly. However, sometimes, they hire someone with a suspended license or a poor driving record.
- Hours of Service Violations – Federal rules exist to control the number of hours a driver can operate their vehicle continuously to reduce the risk of driver fatigue accidents. However, companies often put so much pressure on drivers that these rules are bent.
- Maintenance Failures – Bad brakes, faulty lights, and blown-out tires are all signs that a company has failed to uphold maintenance mandates.
- Improper Cargo Loading – The company is responsible for proper loading procedures. A poorly secured load can shift or fall, causing a deadly crash.
- DOT or FMCSA Violations – Violating any federal safety rules, including skipping inspections, is a form of negligence on the trucking company’s behalf.
These kinds of negligence might not be apparent right away. An accident lawyer can do and will request maintenance logs, driving schedules, and hiring records while conducting their investigation and helping to uncover the truth.
Difference Between Driver and Company Liability
When you’re in an accident with a truck, it’s essential to know the legal distinction between a truck driver’s mistake and a company’s negligence. A driver could turn incorrectly, cut you off in traffic, or exceed the posted speed limit. All of these can result in a crash and can be the sole fault of the driver. But they now share the blame if the trucking company failed to train them, encouraged long hours, skipped required breaks, or could not enforce routine maintenance.
The difference these liabilities can make in your case is clear. You can still recover compensation if the driver is the only one at fault in your accident. However, the insurance coverage might be limited, limiting your compensation. If the company has any fault, and you can prove this, compensation can be significantly higher because the trucking companies have higher insurance policies.
In a truck crash insurance claim, proving company fault can give you a lot of leverage in your case. It also helps hold the entire system accountable, not just those behind the wheel. Seeking the proper legal counsel to help you prove liability is critical. An experienced truck accident attorney will help you thoroughly investigate the accident, gather evidence to prove your case, and battle with the insurance companies to fight for the compensation you deserve.
You Can Hold the Trucking Company Accountable
Trucking companies are legally obligated to follow safety procedures. They must train their drivers, maintain their vehicles, and operate with schedules allowing them time to recover. Oftentimes, they cut corners. When that happens, innocent drivers like you pay the price.
After an accident with a truck, don’t point all your fingers at the driver. It’s critical to look at all the facts of the accident and hold the company responsible for any shortcomings they are responsible for in your accident. This can significantly raise your compensation and make your recovery process less stressful while preventing future cases caused by the same dangerous negligence.
At Chris Hudson Law Group, we look at all the details and build a strong case against negligent companies. We’ll investigate FMCSA safety violations, ignored maintenance schedules, and poor company practices to uncover liability for truck accident damages. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits.
Contact us today at (706) 863-6600. We’ll provide you with a free consultation to discuss your truck accident claim in Gorgea. Then we’ll gather the necessary information to fight for your deserved compensation. We know you’re recovering from a traumatic event, so let us handle the legal battle while you focus on healing.
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