Most of the time, the parties involved determine the at-fault driver and negotiate with that driver's insurance company to achieve a settlement. However, they can sue someone personally after a truck accident if they do not receive adequate compensation from insurance.
Truck drivers who are acting within the scope of their employment when a truck accident occurs are typically not financially liable for damages unless they purposefully caused an accident. Even if a truck driver is at fault, liability will typically fall with the trucking company.Feb 7, 2022
A truck driver will likely be fired after an accident when it is mostly or all his or her fault and major damages have occurred. The company that owns the vehicle and employs the driver can be held responsible for the driver's actions.Dec 22, 2021
In Georgia, if an individual fails to stop at the scene of an accident that causes a non-serious injury to another, they are guilty of a misdemeanor, punishable by a fine of $300-$1,000 and/or imprisonment for up to 12 months.Dec 1, 2016
Truck drivers are not always responsible for truck accidents that occur. While you may be interested in bringing a personal injury lawsuit against a truck and its insurance company, there may be other reasons an accident occurred.
California negligence law states that any truck driver who is found guilty of negligence can be held liable for injuries and damages done to another motorist. Any driver who was injured by a truck driver's negligence is entitled to file a personal injury lawsuit.
They can be terminated for causing an excessive amount of damage to the freight, other people's or public property, or to a company truck or trailer. They can be fired for not following the FMCSA (federal laws about all things trucking), or abandoning a truck/load.
Because semi-trucks have a higher center of gravity, they roll over more easily than a car. If a truck turns too quickly, it can become unbalanced and start swaying to one side which can lead to a rollover. It's not just unsafe driving that can cause rollovers - not properly securing a load can cause rollovers, too.
If a FedEx truck is involved in an accident, FedEx will always send a team out and try to locate all of the packages. However, there are some instances in which recovering all packages is impossible. If FedEx is unable to get your package, you can file a claim online or call your local FedEx office.Apr 27, 2020
Drivers who flee the scene of an accident may be convicted of a misdemeanor which comes with penalties of up to one year in jail and a fine of $1,000. Drivers may also risk the suspension of their driver's license and having their vehicle impounded.Jan 5, 2022
Georgia's law prescribes punishments for drivers who leave accident scenes. Hit-and-runs are severe offenses in Georgia. The state's law treats leaving an accident scene more seriously than a DUI. If the crash causes death or a severe injury, and you intentionally leave the scene, you may be guilty of a felony.Feb 15, 2021
Yes - if you've been in an accident, you do have to tell your insurer. You should send your insurer a letter telling them what's happened.Mar 5, 2021
Due to their astounding size and weight, commercial truck accidents can be catastrophic. These collisions usually involve multiple vehicles and cause extensive amounts of damage. If your involvement in a truck accident has left you severely injured, an Atlanta truck accident lawyer can help you seek the maximum amount of compensation.
The building of a legal case for a truck accident claim will start with the determination of liability. In commercial truck collision cases, there could be several potentially liable parties from whom an injured party may seek compensation, such as the driver, the truck company, the shipper, the truck’s manufacturer, and insurance carriers. When pursuing a truck accident claim, selecting the appropriate parties to recover damages from will be vital to obtaining the maximum amount of compensation possible.
Some of the more common causes of truck accidents include the following: Fatigue . Traffic violations. Reckless driving.
The types of recoverable damages following a truck accident include economic, non-economic, and in rare instances, punitive damages . This could include compensation for pain and suffering, medical expenses, loss of enjoyment of life, mental anguish, and lost wages.
With the rise of commercial trucks on the roadway, there is also an increase in the number of truck accidents. Collisions with these oversized vehicles may cause devastating damage to those involved and carry a higher risk of fatality for all motorists involved.
According to the state’s modified comparative negligence rule under Official Code of Georgia Annotated (O.C.G.A.) § 51-12-33, if the injured party is 49 percent or less at fault, they may still recover damages in a reduced amount depending on their percentage of liability.
I.P. – Father of two was shot and killed in a case of mistaken identity at his apartment complex in Dunwoody. After a lawsuit was filed and successfully responding to several efforts by the apartment complex to have the case dismissed, the defendants settled the case after mediation.
The Atlanta truck accident attorneys at the Graham Firm also know as “The Big Truck Lawyers”, are dedicated to helping commercial truck accident victims and their families who have suffered a serious injury or fatality. 18 wheeler accidents often result in more serious injuries and fatalities, compared to passenger vehicle accidents. Our Georgia truck accident lawyers are well-versed in all aspects of federal safety regulations and state laws and have used this specialized knowledge to assist numerous victims throughout Atlanta, Marietta, Griffin, Macon, and the entire state of Georgia to seek recovery from negligent trucking companies and others.
Due to the sheer size of a commercial truck, it is not uncommon for serious injuries or fatalities to occur in an accident. When our clients suspect that their loved one died due to negligence, we perform a thorough investigation of the accident. We review the police report and other documentation verifying what happened.
When the truck driver engages in negligent conduct, the truck company is liable if the driver was acting within the scope of his employment. As soon as we take on a wrongful death case, we gather and preserve the evidence quickly. We also interview witnesses.
According to the U.S. Department of Transportation and the National Highway Traffic Safety Administration, approximately 33,000 people die each year due to traffic-related accidents.
If you are interested in filing a wrongful death lawsuit and want to find out the best legal recourse to pursue, call us at 404.835.8080. Filling out and submitting the contact form on our website is another way to get in contact with our office.
As one of Georgia’s only firms that focuses only on wrongful death, our approach to truck collisions is different.
I.P. – Father of two was shot and killed in a case of mistaken identity at his apartment complex in Dunwoody. After a lawsuit was filed and successfully responding to several efforts by the apartment complex to have the case dismissed, the defendants settled the case after mediation.
W.E. – An elderly man was injured in a motor vehicle accident in Griffin when a woman ran a stop sign and struck his vehicle as he was backing out of his yard. The client required physical therapy and made a full recovery. A settlement was reached prior to filing a lawsuit.
M.B. – A grandmother slipped and fell in a major discount retail store in Griffin the morning after a heavy rain flooded the store. The store failed to properly warn patrons of the dangerous condition. M.B. suffered a torn rotator cuff and other injuries requiring surgery and physical therapy. A settlement was reached prior to trial after a lawsuit was filed.
C.H. – A young man was injured in a motor vehicle accident in Mableton when a flatbed truck pulled out in front of him. The client suffered a broken arm and lacerations. A settlement for the policy limit was reached prior to filing a lawsuit.
G.A. – An elderly Columbus woman was injured after being struck by a motor vehicle as she crossed the roadway. Our client sustained multiple injuries requiring surgery and rehabilitation. The at-fault party had no additional assets and the case was settled for the policy limit prior to filing a lawsuit.