Proving Fault in a Truck Accident

Posted in Truck Accidents

Were you involved in a car accident with an 18-wheeler or big rig in Georgia? If you or someone you know has been involved in a trucking accident because of the fault of a truck driver, read on to learn more about what you can and should expect in a truck accident lawsuit. Share with anyone you know that may need to protect their interests.

Trucking accidents are all too common on our roads in Atlanta. As we shared before, nearly 11,000 people died in fatal car accidents between 2000 and 2006 in Georgia. Truck accidents lead to devastation, bodily injuries, extensive property damages, and in worst cases, death. Big trucks such as tractor-trailers, semi’s, pick-up trucks, and recreational vehicles cause great destruction when involved in a car accident. Their size and weight have a big impact when they collide with cars, SUV’s, motorcycles, and pedestrians.

Common Causes of Truck Accidents 

When you are involved in a truck accident, you can suffer from serious physical injuries, as well as tremendous emotional and financial stress. What are the most common causes of commercial truck accidents? There are numerous causes for trucking accidents, but if you believe that you are a victim of a reckless and negligent driver, then you may be entitled to financial compensation. Common causes of truck accidents can include:

1. Driver fatigue: Fatigue, plus a demanding work schedule both contribute to distracted driving. Fatigue is common when it comes to truck drivers due to their rigorous schedule. Like with stricter policies on truck maintenance, authorities have instructed truck companies to adhere to stricter regulations regarding driving hours to prevent drivers from undergoing undue stress.
2. Driving under the Influence: Even though the federal government has implemented stricter laws and punishments for DUI’s, this is still one of the leading causes resulting in vehicular accidents in the US. Some truck drivers report to having a beer or two on the road to ease the tension and fatigue that they may feel–resulting in impaired judgment.
3. Speeding: As we all know speeding is very dangerous. Truck drivers usually have an unreasonable schedule and are usually in a hurry to finish quota schedules. As a result, they neglect to follow traffic rules and regulations just to meet quota schedules which increases their chances of causing a truck accident.
4. Distracted drivers: Truck drivers who are sometimes lonely with hours of solitude, will check their phones,  watch the news, movies, or TV shows, and play with the radio. They may spend hours on the phone and lose their focus creating a high-risk of an accident happening.
5. Poor truck maintenance (vehicular troubles): One of the most common reasons that a truck accident is caused, is because of poor truck maintenance. Bald or defective tires, faulty brakes, engine troubles, etc. Even with stricter procedures in place to help ensure trucks are maintained, we still find that poor truck maintenance is a contributing factor to what caused the accident. When this occurs, serious lawsuits results.
6. Improperly loaded trucks: This is caused by unbalanced loads that can tip over and cause a traffic accident. This can be blamed on the lessee and the shipment loader.
7. Swerving or reckless lane changes: Truck drivers have a lot of blind spots. Changing lanes isn’t always easy or safe. Improper lane changing can result in a truck to swerve to avoid hitting another car or motorcycle. If the truck is carrying a heavy or large load, the truck may tip over and “jackknife.”

Proving Liability in Truck Accidents 

Liability is even more difficult to prove when it comes to trucks, compared to proving liability in common motor vehicles accidents. However, an experienced truck accident attorney will know just how to deal with trucking companies and their insurance providers in order to protect your rights as a victim and give you the compensation you deserve. With trucks there are multiple parties involved:

1. The Company or Owner of the Truck
2. The Driver of the Truck
3. The Manufacturer of the Truck Parts
4. The Third Party (Lessors)

Having a truck accident lawyer is necessary because they are trained to identify the parties involved in the accident. From there, they can build an aggressive case against liable parties and either take the case to trial or settle the matter favorably for those that were injured and their immediate family members.

Proving Truck Driver Fault or Recklessness 

When you choose Council & Associates, you’ll rest easier knowing you have a team of experienced lawyers that are dedicated to representing your interests and proving the truck driver was at fault for causing the accident.

Our truck accident investigation process includes some or all of the following:

• Review all evidence, police and accident reports, photos, etc.
• Investigate the scene of the accident
• Interview any and all witnesses regarding the incident
• Go through the at-fault driver’s credentials
• Determine if all local state and federal laws were followed
• Assess the cause of the accident

Having a truck accident attorney to determine and prove that the other driver was negligent makes them the at-fault party. Proving who is at fault is critical for any truck accident lawsuit.  Additionally, the state and federal laws that regulate the trucking industry are complicated. Only an experienced attorney with extensive knowledge and experience litigating these laws can adequately help you.

Schedule a Complimentary Case Consultation

If you were recently involved in a truck accident, do not attempt to handle the lawsuit on your own. We offer a no win, no fee guarantee for our personal injury cases. This means you don’t owe us anything unless we recover compensation for you. Contact us to schedule your free consultation, (404) 562-8857. We’re here to ensure that you get the compensation you deserve because Our Firm Cares!