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How does liability differ in a truck accident case?

On Behalf of | Jul 16, 2020 | Car Wrecks, Truck Wrecks |

There are numerous factors that go into the determination of responsible parties in a truck accident case. Between the weight of the truck (up to 80,000 pounds or more) and the products or equipment the truck carries, there is great potential for devastating accidents and catastrophic injuries when a truck is involved.

While many operators follow the law and their company regulations to prevent such devastation, there are those who may be careless or otherwise negligent in their duties to maintain a safe road for themselves and other drivers.

But does that mean the driver is liable in a personal injury lawsuit? The answer is: it depends.

Contributing factors and varying responsibility

If a truck driver is found at fault for an accident, the company that employs them (or, their insurer) bears the responsibility to pay for losses. However, many truck drivers are independent contractors. In that case, things may get more complicated. How much supervision did the company have over the driver?

Other parties may also bear responsibility for damages. The shipper, for instance, may have incorrectly loaded equipment or products. Did debris come from the back of the truck?

There is also the possibility that you bear partial responsibility for the wreck. In that case, because of Georgia’s modified comparative negligence laws, you must be less than 50% at fault for the crash to collect compensation for your injuries. When you speak with your attorney, you will want to make sure you have all relevant information and documentation related to the crash.


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