Top 10 Factors That Determine Truck Accident Liability on Georgia Highways

Understanding Liability In Trucking Accidents

One of the most important things to understand about truck accident liability is that who is at fault in a truck accident case will rarely, if ever, be determined by just one thing.

In the context of commercial truck accidents, "liability" means figuring out who was responsible for the cause of an accident. Sometimes, a trucking company may be liable. Other times, it may be a truck driver themselves. Often, these serious accident cases involve multiple parties at the same time, encompassing third-party contractors as well.

Determining fault requires knowledge of both federal FMCSA regulations and Georgia state truck safety rules and traffic laws. It's a process that you shouldn't have to navigate alone, especially as you consider all the complexities that could lead to a crash on the busy lanes of I-85 or through those congested I-75 corridors at rush hour.

10 Key Elements That Decide Who’s At Fault After a Truck Wreck in Georgia

Again, understanding who's liable after a truck wreck is an inherently complicated topic. If a commercial truck driver was fatigued, the trucking company's equipment failed, unpredictable Georgia weather harmed visibility, AND traffic patterns made it difficult to follow truck safety rules, how do you determine which of those specific things was the cause?

Only a thorough investigation and access to evidence can truly strengthen your case, which is why it's important to contact an expert truck accident attorney in Atlanta or elsewhere in Georgia as soon as you can.

Having said that, there are a number of key factors that will be looked at in a truck accident lawsuit to determine who was at fault and what should be done about it.

1. Violation of Federal and State Trucking Regulations

FMCSA trucking regulations set limits on how long a driver can stay on the road without rest, known as Hours-of-Service rules, or HOS for short. They also require regular drug and alcohol testing. Georgia law adds additional safety and licensing standards that trucking companies and truck drivers must adhere to. Violations such as falsified logbooks, skipped safety checks, or ignored maintenance requirements can clearly demonstrate negligence and help determine liability.

2. Direct Driver Negligence

There are a lot of situations that could be plainly described as direct driver negligence in a court of law. This includes not only speeding, driver fatigue and distracted truck driving situations like texting while driving, but also following too closely in that heavy Atlanta traffic, too. Many crashes happen when cars travel in the large “No-Zones” along the sides and rear of a truck, and failure to monitor those areas can be a clear sign of driver negligence.

Thankfully, fatigue and even aggressive behavior can be carefully proven through a combination of both witness statements and black box EDR data.

3. Trucking Company (Motor Carrier) Negligence

One situation where the trucking company could be liable is if they hire inexperienced drivers or if they fail to provide proper safety training. They could also be liable if they are known for setting unrealistic delivery schedules that can only be met if the driver ignores or violates safety regulations.

4. Improper Vehicle Maintenance and Inspection Failures

Every commercial truck on Georgia highways is required to undergo regular inspections. If maintenance logs show that inspections were skipped or repairs were delayed, the company responsible may be found negligent.

5. Improper Cargo Loading

An unfortunately large number of situations fall under this category. If the truck has been overloaded with too much cargo, it may be difficult to drive and maneuver, even for experienced drivers. The same is true if the truck was loaded and the weight was unbalanced, or if the freight was unsecured and thus moves around in transit.

6. Evidence from the Truck's "Black Box" (EDR)

Another key piece of evidence in truck crash lawsuits is the truck's black box data EDR information. Similar to the black box in an airplane, it records information like the truck's speed at the time of impact, information about braking and steering, and more. A truck accident lawyer can use this data to either confirm a driver's account of what happened or challenge it in a way that benefits their clients. Note that quick access to this crucial evidence after an accident involving a big rig is essential to a successful case outcome.

 

 

7. Police Accident Reports and Citations

Reports from not only the Georgia State Patrol but also the Atlanta Police and even county agencies can be crucial to helping determine liability in a commercial truck accident claim. Of course, they won't be the final word on what happened, but if someone was cited for failure to maintain their lane, it can strongly support a claim of negligence and influence decisions and court outcomes to determine liable parties.

8. Eyewitness Testimony and Video Footage

Thankfully, Atlanta's heavy commuter traffic means multiple witnesses are often nearby after a truck crash. Bystander accounts, dashcam videos, traffic camera footage, and more can all strengthen your case in a court of law.

9. Third-Party Liability

If a trucking accident happened due to some type of equipment malfunction, parts manufacturers and maintenance shops can share the blame as responsible parties. Other drivers may also be at fault depending on the circumstances.

10. Georgia's Comparative Negligence Law

Even when fault is clear, Georgia’s comparative negligence rule affects how much compensation a truck accident victim can receive. The law states that an injured person can recover damages only if they are less than 50 percent at fault for the accident. Not only that, but their recovery is reduced by how responsible they were. So if they were 10% at fault, their recovery is reduced by 10%.

Your Legal Options After a Truck Accident

In the end, remember that it isn't about just one single factor that will determine who's liable for a truck accident. These situations are inherently complex, so it will often be a series of factors that determine which party may be at fault and, more importantly, what must happen next.

Trucking companies will take extraordinary steps to protect themselves in the aftermath of a commercial truck crash. This is why you need to enlist the help of a team of experienced truck accident lawyers. They can interpret complex evidence in your truck accident case, helping to definitively answer questions like "who is liable in a truck accident?" once and for all.

After a serious collision with a large truck, it’s important to reach out to an attorney who specializes in truck accident cases as soon as possible. Even the manufacturer of the truck could be held liable, which is why the process should begin as soon as possible.

If you've been injured in a truck accident, or a car accident involving a big truck and you're located in or around the Atlanta, Marietta, Griffin, Valdosta or anywhere else in the state of Georgia and need experienced LOCAL legal help, or have any additional questions about liability that you'd like to dive deeper into, contact our truck accident injury lawyer today at (404) 526-9955 for your free consultation.