The Georgia State Patrol says semi-truck drivers are responsible for two deaths on a Dade County highway. Following one deadly crash, in which drugs are suspected to have played a role, there were five more accidents in the same area. The Dade County sheriff is watching the area closely and has warned drivers to use caution on highways in the county.
Who Is Liable for a Georgia Trucking Accident?
If you’re involved in an accident with a semi, you will have expenses that need to be paid, but who do you file your claims against? You will likely file a claim against the truck driver, since his or her decisions on the road probably contributed to the accident. However, there are other parties who may be at fault:
- Trucking company
- Truck owner
- Cargo owner
- Anyone responsible for loading and securing cargo
- Manufacturer of any defective parts contributing to the crash
- Manufacturer or retailer of the truck
- Mechanic responsible for the truck’s condition
- Agencies responsible for road upkeep
Some of the above-named parties may be the same person or company. For instance, if the truck is owned and operated by the driver, for purposes of an injury claim, he or she will be considered the driver, trucking company, truck owner, and may also be the mechanic responsible for the upkeep of the truck. Determining what caused the accident and who should be held responsible can be incredibly difficult. However, an experienced Atlanta trucking accident attorney can help you determine whom you should hold liable by using information about the crash such as:
- Time, date, and location of the accident
- Photographs of the accident scene and damages
- Police reports and other documentation of the accident
- Your recollection of the accident
Collecting Compensation in Georgia
Once you and your Atlanta trucking accident attorney work together to determine who is at fault, your case can begin. Georgia is a comparative fault state, which means that each party involved will be responsible for a portion of the damages equal to their degree of fault for causing the collision. If the truck driver’s actions are determined to be 30 percent at fault, while a faulty part on the truck was 40 percent at fault, and your own inattention was 30 percent, then you will collect 30 percent of your requested damages from the truck driver, 40 percent from the part’s manufacturer, and you would be responsible for the remainder on your own.
In order to collect damages, it must be proven that you were 50 percent or less at fault and that the defendants were 50 percent or more at fault. This will require proof that the defendants were negligent or acted in such a way that they should have known that injuries and damages could occur. Because the defense will be working to prove that they were not at fault, and may choose to shift the blame to you, it is important to have an experienced Atlanta trucking accident attorney working to help you receive the compensation you deserve.
Contact an experienced Atlanta trucking Attorney
If you’ve been injured as a result of an accident involving a semi-truck, 18 wheeler, tractor-trailer or any type of work or commercial truck, it’s important to quickly contact an experienced Atlanta trucking injury attorney. The Atlanta trucking accident attorneys at Council & Associates, LLC can help to ensure that you receive the compensation you need. Contact us today to schedule a consultation.
Lashonda Council Rogers is a Personal Injury Attorney who practices in Atlanta, Georgia. She graduated from Howard University School of Law and has been practicing law for several years now. Lashonda Council Rogers believes her personal approach is the best way to defend her clients. Learn more about her experience here.