The aftermath of a truck accident is a whirlwind of confusion, pain, and uncertainty. As you struggle to come to terms with your injuries and the mounting financial pressures, you may find yourself wondering who is responsible for your damages. The answer to this question is not always simple, but it is crucial to your ability to recover fair compensation.
Why Is Determining Liability Important in Truck Accidents?
Establishing liability is the foundation of any successful truck accident claim. By identifying the party or parties responsible for the crash, you can pursue compensation for your medical expenses, lost wages, pain and suffering, and other damages. This process is particularly important in truck accident cases, as the stakes are often higher due to the severity of the injuries and the potential for long-term or permanent disability.
Determining liability in an Atlanta truck accident lawsuit is a complex process that requires an in-depth investigation and a thorough understanding of state and federal regulations. An attorney who focuses on these cases can handle the investigation on your behalf and evaluate all pieces of evidence to identify who was at fault.
Potential Liable Parties for an Atlanta Truck Accident
Liability for a truck accident can extend beyond the driver to include a variety of other individuals and entities. Some of the most common parties that may be held liable include, but are not limited to, the following:
- Truck Driver: If the driver’s negligence, recklessness, or violation of traffic laws caused the accident, they may be financially responsible for the resulting damages. Their employer may also be held liable for their actions on the job.
- Trucking Company: Trucking companies are responsible for hiring qualified drivers, maintaining their vehicles, and ensuring compliance with federal and state regulations. If they fail in these duties, they may be held liable for accidents caused by their negligence.
- Cargo Loader: Improperly loaded or secured cargo can shift during transport, causing the truck to become unstable and increasing the risk of an accident. The party responsible for loading the cargo may be held liable in these cases.
- Vehicle or Parts Manufacturer: If a defect in the truck or its components contributes to an accident, the manufacturer may be held liable under product liability laws. Common truck defects may include brakes, tires, and steering systems.
How Comparative Negligence Laws Affect Truck Accident Claims
Georgia’s comparative negligence laws may also affect liability. The state follows a modified comparative negligence rule, which means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault.
For example, if you are awarded $100,000 in damages but are found to be 20% at fault, you will only receive $80,000. However, if you are found to be 50% or more at fault, you will be barred from recovering any compensation. This is why it is crucial to work with an attorney who can build a strong case on your behalf and minimize allegations of fault.
Trust Monge & Associates to Identify the Liable Parties
Truck accident liability often involves multiple parties and complex regulations. At Monge & Associates, we have the knowledge and experience that you need to navigate these intricate legal issues.
Our firm will meticulously investigate every aspect of your case, from driver logs to company policies, to identify all responsible parties. If you’ve been involved in a truck accident, contact us at (678) 535-3938 and trust our attorneys to pursue the compensation you deserve.