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Who is Liable for a Truck Accident in Atlanta?

Truck accidents in the Atlanta area frequently cause debilitating injuries to occupants of other motor vehicles, as well as to motorcyclists and pedestrians. Due to the size and weight of large trucks, collisions with automobiles and passenger trucks often result in those smaller vehicles sustaining severe damage, and the drivers and passengers inside sustaining serious and life-threatening physical harm.

When these accidents happen, who is liable? In other words, who can you sue for a truck accident in the Atlanta area? The answer to the question will vary depending upon the facts of your case, and you should have an experienced Atlanta truck accident lawyer evaluate your case to discuss potential defendants in your case. The important thing to remember is that more than one party could be liable for your injuries, and you may be able to obtain compensation. Consider the following parties who are often responsible for injuries in trucking collisions.

Truck Drivers Can Be Liable

The truck driver often is at fault (at least in part) for a truck accident due to driver error or negligence. Truck drivers can be responsible as a result of distracted or drowsy driving, for example, or intoxicated or aggressive driving. Yet may be possible to hold another party liable in addition to a truck driver, especially when the truck driver was driving a large truck for commercial purposes.

Employer of the Truck Driver May Be Responsible

The employer of the truck driver may be responsible for the truck driver’s negligence under the doctrine of respondeat superior, which holds an employer liable for their employee’s negligence while on duty. In 2020, the Georgia Supreme Court ruled that Georgia’s apportionment statute was at odds with the Respondeat Superior Rule and changed the way in which cases work concerning employer responsibility, an employer’s fault can still be considered in relation to the fault of others in a trucking accident case.

Owner of the Truck Could Be Liable

If a party other than the employer owns the truck, that party could be partially at fault.

Company Responsible for Loading the Truck May Be Liable

Sometimes truck accidents result from improper loading of the large truck. When this happens, the company responsible for loading the truck, including its employees, could be responsible for injuries.

Another Motorist Could Be At Fault

Often, truck collisions happen because another motorist on the road behaves negligently. For example, another car might cut off a large truck, leading that truck to swerve and to cause an accident involving your vehicle.

Maker of the Truck Could Be Liable

Truck accidents can result from defects. When a defect causes a collision, the designer or manufacturer of the truck can be liable, and in some cases, the retailer may bear responsibility.

Contact a Truck Accident Lawyer in Atlanta

Georgia law requires most truck accident lawsuits to be filed within two years from the date of the crash. Given that many people initially file an insurance claim to seek compensation, it is important to get started as quickly as possible on your case. Our Atlanta truck accident attorneys can assist you. Contact Stewart Miller Simmons Trial Attorneys online or call us for more information.

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