Personal Injury Claim: Filing Against a Trucking Company

Getting injured in an accident caused by the negligence of a truck driver always comes with physical pain from injuries and other kinds of troubles like enormous medical bills. Hiring a car accident attorney in Douglasville can solve the victims’ legal problems and get them the right settlement.

While it is often difficult for truck accident victims to take legal action immediately after a truck collision, they must know when they can file a personal injury claim against a trucking company. It is also very important that truck accident victims know that there are deadlines for filing a personal injury claim, called the Statute of Limitations. This is important because starting the legal process after this deadline may make truck accident victims lose compensation.

Under Georgia law, truck drivers and trucking companies must compensate truck accident victims if the truck driver causes a crash. In this article, you will get an extensive answer to when you can file a personal injury claim against a trucking company. But that will not be the end. You will also learn how personal injury claims against trucking companies work and everything you need to know to file a successful personal injury claim after a truck accident.

A Car Accident Attorney in Douglasville Explains How Fault is Determined in a Truck Accident 

You must determine who was at fault for the collision before you can file a lawsuit in a truck accident case. According to Georgia law, the at-fault party in a traffic accident is responsible for the damages.

In other kinds of auto accidents, one of the drivers is usually to blame. A truck accident could, however, be more complicated than that. In a collision involving a commercial truck, the at-fault party might be:

  • The truck driver
  • The trucking company
  • The cargo company, in the case of improper trailer loading
  • Another driver involved in the accident
  • The manufacturer of the truck’s parts if a faulty part of the truck caused the accident

As you can see, many parties work together to ensure that large trucks are safe to drive on the roads. As a result, the accident may be entirely the responsibility of one party or the fault of multiple parties.

A Georgia car accident attorney will look into the specifics of the accident because so many people could have been at fault. It might be necessary to investigate things like the truck’s maintenance logs, the footage captured by the truck’s cameras, employee records, truck driver logs, the outcomes of drug tests, cargo records, witness reports, and more so you can have a strong personal injury claim and get a fair settlement.

Can I Sue a Trucking Company for an Accident Caused by Their Driver?

According to a Federal Motor Carrier Safety Administration report, 4,998 large trucks and buses were involved in fatal crashes in 2020. This and other data from the report show that truck accidents are a leading cause of fatal accidents.

If a trucking company’s driver causes an accident, you may be able to sue them, but you may need to show that your injuries qualify as severe according to state law. When a truck driver makes a mistake while operating the vehicle, the accident may only be their fault, not the company’s fault.

The mistake made by a company might be related to truck maintenance or repairs. As mentioned, in some situations, a crash may be the fault of the company that loaded the cargo on the trailer.

There is no simple and direct answer to whether you can sue a trucking company after a truck accident because several things must be considered. However, when you hire a car accident attorney in Douglasville, they will examine the case facts to determine the trucking company’s liability.

Incidents Where the Trucking Company May Be At-fault for a Truck Accident 

Again, the driver who caused the car accident is typically responsible for the accident. Following the collision, the accident victim will likely file a claim for damages against the trucker or their employer.

Also, the truck driver in a truck accident may have driven the truck safely, but the trucking company was negligent in its operations. The following are common incidents where the trucking company may be responsible for the accident.

Poor Truck Maintenance 

The truck owner ensures that the vehicle receives the necessary maintenance and repairs. However, suppose the truck’s known mechanical problems are not fixed or are not fixed properly. In that case, the trucking company may be held accountable if these faults directly lead to the mechanical failure of the truck, which causes your accident.

The Trucking Company Hiring an Illegal Driver 

If the truck driver was recruited despite not having a valid commercial driver’s license (CDL), this might be evidence of negligence on the part of the trucking company.

Improper Cargo Loading 

If the company makes a mistake when loading the truck’s trailer, it may overload the trailer, endangering the truck driver and other motorists on the road. Also, if the company loads the cargo unevenly, the cargo may shift while the vehicle is in motion, resulting in the truck driver losing control.

When Can You File a Personal Injury Claim Against a Trucking Company?

The first thing you want to do immediately after being involved in a truck accident is to see a doctor. While you may think that the injury you sustained does not need medical attention, your medical records help to strengthen your claim.

After visiting the doctor, immediately contact a Georgia car accident lawyer, as they will determine the evidence you need and gather it to ensure that your claim is protected and you get the compensation you deserve.

The car accident lawyer will also help you determine the appropriate time to file your personal injury claim to stay within the Statute of Limitations. The car accident lawyer can also pursue options like an out-of-court settlement or a lawsuit if the at-fault party’s insurer fails to settle.

Call Auto Accident Lawyers in Douglasville After a Truck Accident 

The damages and injuries from a truck accident can be very devastating. However, when you get the right compensation, you will be free from enormous medical bills and be in a better position to deal with the effects of the accident.

At Hartley, Rowe, and Fowler, we understand how important getting the right compensation is to you. Our Douglasville personal injury lawyers are experienced and determined to get you the right compensation you deserve. So book a free initial consultation today.

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