Colliding with a massive 18-wheeler barreling down I-75 or I-285 in Atlanta is a nightmare scenario for any driver. The massive size and weight of these big rigs means passenger vehicle occupants often suffer catastrophic or fatal injuries in truck accidents. In the aftermath, injured victims and grieving families face a critical question, who bears responsibility for the crash and resulting damages – the truck driver or trucking company? The answer is not always clear-cut.
Truck Driver Negligence
When a truck accident occurs, the natural instinct is often to blame the truck driver. And in many cases, truck driver negligence is indeed the primary cause. Drowsy, distracted, or intoxicated driving are leading factors in many preventable truck crashes.
Federal Hours of Service regulations limit truckers to 11 hours of driving after 10 consecutive hours off duty. But unrealistic schedules and pressure to meet tight delivery deadlines push some to stay behind the wheel much longer, leading to dangerous fatigue. The Federal Motor Carrier Safety Administration (FMCSA) mandates rest breaks and maximum driving limits to combat drowsy driving, but some truckers and companies ignore these safety rules to increase profits.
Other truck drivers cause wrecks when they take their eyes off the road to check their phone, fiddle with the radio, or input directions in the GPS. Some even recklessly get behind the wheel after consuming alcohol or drugs. When a trucker’s careless choices directly lead to a crash, they can be held personally liable for the damages. Truckers have a heightened duty to drive safely given the dangerous nature of their massive vehicles.
Trucking Company Liability
However, even if truck driver error caused the wreck, the trucking company may share blame under the legal doctrine of respondeat superior (“let the master answer”). This principle states that employers are vicariously responsible for the careless deeds of employees working within the scope of employment.
Say a drowsy truck driver on the clock for their company nods off and rear-ends you in stop-and-go traffic on the Downtown Connector. Since operating the truck was part of the driver’s job duties, the trucking company could be on the hook for your injuries along with the driver. Trucking companies are responsible for their drivers’ actions while on the job.
Additionally, trucking companies have a duty to properly vet, train and supervise their drivers. They must conduct thorough background checks, ensure proper licensing/certifications, provide adequate training, and continuously monitor drivers’ safety records and performance. Failing to meet these obligations can lead to standalone liability for the motor carrier. Federal regulations set minimum standards for driver hiring, training, and supervision that carriers must follow.
For example, if a trucking company hires a driver with a history of DUIs and reckless driving violations, and that driver causes a drunk driving crash, the company could be liable for negligent hiring practices. Or if they fail to discipline or fire a driver after multiple preventable accidents, they may face liability for negligent supervision and retention. Injured crash victims may have claims against both the negligent driver and the company that put them behind the wheel despite red flags.
Maintenance & Cargo Issues
Unsafe trucks are just as dangerous as unsafe truck drivers on Atlanta highways. Trucking companies have a responsibility to keep their fleet in safe working condition. This requires regular inspections, maintenance, and prompt repairs of any defects. Deferring needed maintenance to cut costs creates unacceptable risks for the motoring public.
Brake failures, tire blowouts, broken tail lights, and unsecured trailers are just a few of the maintenance issues that commonly contribute to truck accidents. If a company’s lax maintenance practices or deferred repairs lead to a mechanical failure and crash, they can be held accountable. Trucking companies must keep detailed maintenance logs and cannot allow unsafe trucks on the road.
Similarly, trucking companies and cargo loaders must ensure trucks are not overloaded and that cargo is properly secured. Overweight trucks are harder to maneuver and stop, while improperly secured freight can shift in transit and cause the driver to lose control. When unsafely loaded cargo causes a wreck, the shipper and carrier may bear liability. Federal law dictates maximum truck weights and cargo securement standards to reduce these risks.
Proving Fault in Truck Accidents
As you can see, both truck drivers and trucking companies can share fault for a serious tractor-trailer accident. Determining all liable parties requires an intensive investigation into the crash, the driver’s history and actions, and the trucking company’s policies, practices, and potential negligence. Trucking companies often have rapid response teams that arrive quickly after a crash to look for ways to minimize their liability.
This is where working with an experienced Atlanta truck accident attorney is invaluable. A skilled truck accident lawyer will quickly preserve vital evidence like the truck’s black box data, driver’s logs, and vehicle maintenance records before it can be lost or destroyed. They will interview witnesses, consult with accident reconstruction experts, and thoroughly investigate the motor carrier. Your lawyer can demand company records and evidence during the discovery process.
Your attorney’s goal is to identify all possible avenues of compensation so you can recover maximum damages for your pain and suffering, lost income, medical bills, and other losses. The sooner you contact a knowledgeable truck accident lawyer, the better your chances of securing the evidence needed to build a strong case against both the negligent trucker and motor carrier. Do not delay seeking legal representation, as crucial evidence can quickly disappear.
Get the Help You Need Today
If you have been injured in a truck accident in the Atlanta area, do not try to take on a complex truck accident claim on your own. Contact the dedicated legal team at Stewart Miller Simmons Trial Attorneys today for a free consultation. We will thoroughly investigate to determine if the truck driver, trucking company, or both are responsible so we can aggressively pursue full and fair compensation for you. Call us now at (404) 529-3476 and let us fight for the justice you deserve.