Imagine a perfectly ordinary day: you’re driving home from work or the gym, perhaps humming along to the radio or your favorite Spotify playlist, or maybe you’re on your way to enjoy a much-needed day of relaxation at the mall. Suddenly, out of nowhere, a truck barrels into your car, causing your entire world to skid to a halt, leaving you injured, stunned, and overwhelmed by this grave injustice you have suffered as the result of someone else’s negligence. In that shattering instant, metal screams, glass shatters, your mind reels in a fog of confusion, and your life is irreversibly changed as your vehicle is sent spinning and your body is instantly wracked with pain. Further complicating matters, unlike a typical car accident, the aftermath of a collision with a truck often brings a unique set of challenges, particularly when it comes to determining who is liable for a truck accident in Georgia.
The sheer size and weight of these vehicles mean that catastrophic damage and severe injuries are all too common, adding layers of complexity to an already stressful and traumatic situation. At Schneider Williamson, we understand the immense burden you are carrying in the aftermath of this traumatic event. We are here to support you. Here is what to know about truck accident liability and how lawyers help you get the compensation you deserve.
What to Do if a Truck Hits Your Car to Protect Your Claim
The moments immediately following a truck accident are critical, not only for your physical well-being but also for the strength of your future legal claim. Acting strategically can help protect your rights and ensure you receive the compensation you deserve.
Here’s what to do if a truck hits your car to preserve your claim and receive the compensation you are entitled to and need on what is often a long road to recovery.
What to Do After a Truck Accident to Protect Your Claim
It is crucial to take the right steps as soon as you have been in an accident. Here’s what to do after a truck accident in Georgia, broken down into 5 basic steps:
- Prioritize Safety and Seek Medical Attention: Your health is paramount. If you are able, move to a safe location away from traffic. Call 911 immediately to report the accident and request emergency medical services, even if you feel fine. Some injuries, especially those internal or to the brain, may not manifest symptoms until hours or days later. Prompt medical documentation links your injuries directly to the accident.
- Contact Law Enforcement: A police report is vital. It provides an official, unbiased account of the accident, including details like road conditions, vehicle positions, and initial assessments. Be cooperative with officers, but stick to the facts and avoid speculating or admitting fault.
- Contact a Truck Accident Lawyer: After ensuring you and the other driver are OK and contacting law enforcement, contact an attorney ASAP. Getting them involved in the process as early as possible, especially when they can offer measured and strategic advice amidst this chaos, can be the deciding factor of your case.
- Gather Evidence at the Scene (If Safe): If your injuries permit, use your phone to take photographs and videos. Capture:
- Damage to all vehicles involved, including the truck’s license plate and Department of Transportation (DOT) number.
- The accident scene from multiple angles, showing road conditions, traffic signs, and any skid marks or debris.
- Your injuries and those of your passengers.
- The truck driver’s information (name, contact, insurance, employer).
- Contact information for any witnesses.
- Do NOT Discuss Fault or Sign Anything: Trucking companies and their insurers will quickly mobilize their teams to minimize their liability. Do not provide a recorded statement, discuss the accident in detail, or sign any documents without first speaking to an experienced Atlanta truck accident attorney. They are not on your side.
- Notify Your Insurance Company: Inform your own insurance company about the accident. However, remember to keep your statements factual and concise, and do not admit fault or even suggest that you may be at fault.
Related Article: Tractor Trailer Accident in Atlanta: 7 Tips to Maximize Your Case Value
What to Do After a Semi-Truck Accident to Protect Your Claim
After a semi-truck accident, there are several important steps you should take to put yourself in the best possible position to receive the compensation you are entitled to, which essentially are the same as what you should do right after a truck accident as detailed above.
Here’s what to do after a semi-truck accident to protect your claim:
- Get to a safe place and seek medical attention.
- Call 911.
- Contact a premier truck accident attorney in Georgia.
- Collect evidence at the scene (if safe to do so).
- Do not discuss fault, sign anything, or speak with the other party’s insurance company AT ALL.
- Notify your insurance company.
Related Article: Schneider Williamson Secures Tractor-Trailer Accident Victim Multi-Million Dollar Settlement | Case Result
Can I Sue for Being Hit by a Semi-Truck?
Yes, absolutely. If a semi-truck hits your car and you suffer injuries or damages due to someone else’s negligence, you generally have the right to file a personal injury lawsuit.
However, due to the severe nature of injuries and the complex web of regulations governing the trucking industry, these cases are rarely straightforward, which is why it is crucial to work with an attorney to put yourself in the best position to win a commercial truck accident lawsuit.
So, now that you know what to do if a truck hits your car, let’s get into who is liable in a truck accident in Georgia, and why it is imperative to work with a truck crash lawyer.
Related Article: Schneider Williamson Reaches Excess Settlement in Atlanta Car Crash for Brain Injury Victim Originally Offered $100k
Who is Liable in a Truck Accident in Georgia?
Determining truck accident liability in Georgia is a far more intricate process than in a typical passenger car collision. In the most basic sense, who is liable in a truck accident depends on who is proven to be at fault for it. Because you have to prove liability, working with an expert, seasoned Atlanta truck accident lawyer is often the primary difference-maker in these cases.
Still, liability for a truck accident is seldom cut and dry. This complexity stems from the unique legal framework surrounding commercial vehicles and the numerous parties involved in the trucking industry. Let’s get into everything you need to know about determining liability.
“Trucking accidents often involve a web of complex regulations and multiple entities, making it vastly different from a standard car wreck,” said Jason Schneider, co-founder and partner at Schneider Williamson. “Identifying every responsible party is key to securing comprehensive compensation for our clients,” he explained.
Related Article: What is Georgia’s Personal Injury Statute of Limitations?
Why Does Liability Matter in a Truck Accident Lawsuit?
Establishing clear liability (i.e., who is liable for a truck accident) is the cornerstone of any successful truck accident claim, especially since they result in severe injuries. Liability directly impacts who you can pursue for damages and how much compensation you can realistically expect.
Without a clear understanding of who was at fault and why, your ability to secure payment for medical bills, lost wages, pain and suffering, and other damages is severely compromised. Truck accident liability also ensures you avoid lowball settlements.
Related Article: What to Do if Insurance Tries to Shortchange You After a Car Accident
What Happens When a Truck Driver Gets in an Accident?
When a truck driver is involved in an accident, they are typically subject to internal company protocols, state laws, and federal regulations.
They may be required to undergo drug and alcohol testing, provide logs of their hours of service (HOS), and cooperate with investigations.
Their actions, or inactions, immediately before and during the crash are critical in determining their individual liability and, by extension, the liability of their employer.
A seasoned attorney will understand how to evaluate and leverage their behavior to your advantage if it is significant to proving truck accident liability.
What Happens When You Are Liable for an Accident in Georgia?
Georgia operates under a “modified comparative negligence” rule (O.C.G.A. § 51-12-33). This means that even if you are found partially at fault for the accident, you can still recover damages, as long as your percentage of fault is less than 50%.
However, your total compensation will be reduced by your assigned percentage of fault. If your fault is determined to be 50% or greater, you are barred from recovering any damages.
This is why a thorough investigation and strong legal representation from a reputable and proven firm like Schneider Williamson are crucial to minimize fault on your part.
Can I Still Recover Damages if I Was Partially at Fault for the Truck Accident?
Yes, as long as your fault is determined to be less than 50%. For example, if you are awarded $100,000 in damages but are found 20% at fault, you would receive $80,000. This is a critical point that many victims might not realize, often leading them to believe their claim is worthless if they bear any fault. In these situations, legal representation is crucial.
Who is Liable for an Accident in a Company Vehicle?
When a commercial truck is involved, liability often extends beyond just the driver to the company that owns or operates the vehicle. This extended liability is due to legal doctrines like “vicarious liability,” where an employer can be held responsible for the negligent actions of an employee acting within the scope of their employment.
However, if the driver is found to be personally negligent (e.g., they were under the influence or they were texting and driving), then they would be held personally liable.
Can You Sue a Trucking Company for Your Accident?
In most cases, yes, the trucking company is a primary target in a truck accident lawsuit. They can be held directly liable for their own negligence, which might include:
- Negligent Hiring: Hiring drivers with poor driving records, a history of substance abuse, or inadequate training.
- Inadequate Training or Supervision: Failing to properly train drivers on safety protocols, cargo loading, or hours-of-service regulations.
- Negligent Maintenance: Failing to properly inspect or maintain their fleet, leading to mechanical failures (e.g., faulty brakes, worn tires).
- Unrealistic Schedules/Pressure: Pressuring drivers to violate HOS rules or speed to meet unrealistic delivery deadlines.
- FMCSA Violations: Disregarding federal trucking regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA), which govern nearly every aspect of commercial trucking, from driver qualifications to vehicle maintenance and cargo securement.
Common trucking companies that victims sue in commercial truck accident lawsuits after negligent drivers cause accidents include situations involving a:
- Car accident with a USPS truck in Atlanta, GA
- Car accident with a FedEx truck in Atlanta, GA
- Car accident with a Publix truck in Atlanta, GA
- Car accident with an Amazon truck in Atlanta, Ga
- Car accident with a Mann Uptransport truck in Decatur, GA
- Car accident with a TRUCKING | TRANSPORT truck in Dublin, GA
- Car accident with a Southeast Freight Broker truck in Waverly, GA
- Car accident with a Q&B Reliable Movers Truck in Riverdale, GA
- Car accident with a Beast & Queen Truck in Pooler, GA
- Car accident with a North Georgia Diesel Solutions truck in Dawsonville, GA
- Car accident with a Mamu Transportation Truck in Lilburn, GA
- Car accident with a Davis Transfer Company truck in Carnesville, GA
- Car accident with a Polo Cabinet Truck in Norcross, GA
Whether you are facing a local brand or a large national company, you have the right to sue for damages, and we can help. At Schneider Williamson, we are not afraid of taking on big brands. We can hold them accountable while you focus on reaching a place of closure and healing.
How to Sue a Trucking Company for Your Accident
Suing a trucking company is a formidable legal undertaking. These powerful corporations have immediate resources and aggressive legal teams.
To stand a chance, securing an experienced Atlanta truck accident lawyer from Schneider Williamson is not just beneficial, but often essential.
The legal process, guided by your attorney, generally involves a few key stages. Here’s how to sue a Georgia trucking company in 6 basic steps:
- Swift Investigation & Evidence Preservation: Immediately securing critical evidence like driver information, pictures and videos of the scene, witness contact information, black box data, driver logs, and maintenance records, which trucking companies might try to withhold or destroy.
- Consulting with an Attorney: Always seek counsel from a seasoned truck accident attorney; they will evaluate your case, investigate on your behalf, file a claim and lawsuit with the trucking company’s insurer, prepare a compelling narrative and argument, and handle all negotiations with the other party and their insurance provider to ensure you get the best possible truck accident settlement.
- Identifying All Liable Parties: Meticulously uncovering every responsible entity beyond the driver, including the trucking company (for negligent hiring, maintenance, or operations), cargo loaders, or parts manufacturers.
- Comprehensive Damage Assessment: Accurately calculating all your economic and non-economic losses, from current medical bills and lost wages to long-term care and pain and suffering.
- Aggressive Negotiation & Litigation: Fiercely advocating for fair compensation with insurers, leveraging unique Georgia laws (like the “Direct Action” statute). If negotiations fail, your attorney will guide your case through discovery and be fully prepared to present your case at trial and prove you are not at fault.
- Legal Process & Trial: While many cases settle before trial through mediation, our seasoned team of truck accident attorneys is fully prepared to litigate your case in court and fight for you to secure the full compensation you deserve.
Attempting to navigate this complex legal landscape alone risks significant financial and emotional losses. At Schneider Williamson, we possess the expertise and dedication to guide you through every step, fighting tirelessly to hold negligent trucking companies accountable.
What if the Truck Driver Who Hit Me was an Independent Contractor?
When a truck driver is an independent contractor, it can certainly add another layer of complexity, but you are not without legal options. In some cases, their personal insurance may be on the hook instead of the trucking company’s policy.
Still, even if a truck driver is classified as an “independent contractor,” the trucking company they are working for may still be held liable, especially if the company exerted significant control over the driver’s operations, or if the accident was due to the company’s own negligence (e.g., poor maintenance of the truck they lease to the contractor). Our attorneys meticulously investigate these relationships to ensure all avenues of liability are explored.
Is the Owner of a Vehicle Liable for an Accident?
Yes, if the owner of the truck (who may not be the trucking company or the driver) failed to ensure the vehicle was safe and properly maintained, commonly referred to as “negligent maintenance,” they could be held liable for the accident.
For instance, if a third-party leasing company owned the truck and neglected necessary repairs, that company could share liability, too.
However, the owner of a vehicle is not automatically liable for a truck accident based purely on ownership – what is more important is who is the driver at fault and whether or not the trucking company was negligent in hiring, training, or supervising.
Still, there are situations in which “negligent entrustment” (e.g., the owner knew, or should have known, the driver was unfit to operate the vehicle) factors in, or even “cargo loading” if the accident was caused by improperly loaded or secured cargo.
To determine who is at fault and whom you should pursue for damages, working with a premier Atlanta truck accident lawyer is of the utmost importance.
When is the Truck Driver Personally Liable?
Truck drivers are typically held personally liable when their actions directly cause an accident, such as driving under the influence of drugs or alcohol, speeding, tailgating, ignoring traffic signals or stop signs, driving fatigued, texting while driving, making improper lane changes, or violating hours-of-service rules.
In other words, a truck driver is responsible when they are negligent.
Can More Than One Party Be Liable in a Truck Accident?
Absolutely. In fact, it is common for multiple parties to share liability in a Georgia truck accident. Beyond the driver and trucking company, other entities that could be held partially or fully responsible include:
- Parts Manufacturers: If a defective part (e.g., faulty brakes, steering system) contributed to the crash.
- Maintenance or Repair Shops: If negligent repairs or inspections led to a mechanical failure.
- Cargo Loaders or Shippers: If improper loading, unbalanced weight, or unsecured cargo caused the truck to become unstable or spill its contents.
- Government Entities: In rare cases, if hazardous road conditions, inadequate signage, or faulty road design directly contributed to the accident.
“In truck accident cases, it’s rare to find a single, isolated cause,” explained Campbell Williamson, co-founder and partner. “Our job is to peel back every layer, identify every contributing factor, and hold every negligent party accountable, whether it’s the driver, the company, or even a third-party maintenance crew,” he added.
How is Liability Determined in Georgia Truck Accidents?
Determining liability in Georgia truck accidents involves an examination of the damage to your vehicle or truck, as well as harm you personally suffer, whether physical, emotional, or psychological. Liability is also determined via a thorough and often intensive investigation.
Key evidence gathered during an investigation typically includes:
- Police Reports: Initial observations and incident details.
- Driver Logs and Electronic Logging Devices (ELDs): To verify compliance with hours-of-service regulations.
- Black Box Data: Event data recorders in commercial trucks can reveal crucial information about speed, braking, and other operational details leading up to the crash.
- Truck Maintenance Records: To check for a history of neglect or mechanical issues.
- Cargo Manifests and Loading Documents: To assess proper weight distribution and securement.
- Witness Statements: Eyewitness accounts and expert witness testimony, such as regulatory consultants who assess whether the trucking company was in compliance with federally required safety rules and regulations.
- Photo and Video Evidence: Photos and videos of the accident scene and vehicle damage.
- Accident Reconstruction: Expert analysis of the crash scene, weather, vehicle damage, and other physical evidence to determine the sequence of events and forces involved.
- Forensic Evidence: Analysis of skid marks, debris, and fluid spills.
- Trucking Company Records: Employment history, training records, safety audits.
Accessing all of these documents is complicated and requires considerable experience and expertise. When you work with a seasoned Atlanta truck accident lawyer, they will have the skills and network necessary to investigate your case and compile evidence to create a compelling case in your favor.
What does a Truck Accident Lawyer Do?
A truck accident lawyer acts as your unwavering advocate, taking on the powerful trucking companies and their aggressive legal teams. They handle every aspect of your claim, from filing necessary paperwork to investigating and collecting evidence, so you can focus on your recovery.
Why You Need a Truck Accident Lawyer
Trucking companies are highly organized and will immediately begin their own investigation, often sending rapid-response teams to the scene. Without experienced legal counsel, you are at a significant disadvantage. A skilled truck accident lawyer will:
- Conduct an Independent Investigation: Promptly gather and preserve critical evidence before it disappears or is destroyed.
- Identify All Liable Parties: Uncover every individual or entity that contributed to your accident.
- Navigate Complex Regulations: Understand and apply federal and state trucking laws to build a strong case.
- Accurately Calculate Damages: Ensure all your losses, including medical expenses, lost wages, pain and suffering, and future care needs, are fully accounted for.
- Negotiate with Insurers: Counter lowball offers and fight for fair compensation.
- Represent You in Court: If a fair settlement cannot be reached, they will be prepared to take your case to trial.
How Long Do I Have to File a Truck Accident Claim in Georgia?
In Georgia, the statute of limitations for most personal injury claims, including truck accidents, is two years from the date of the injury. While two years might seem like a long time, crucial evidence can disappear quickly, and memories fade.
Acting promptly with legal representation is essential to protect your legal rights.
Related Article: How Long After a Car Accident Can You Claim an Injury in Georgia?
When Do You Need an Atlanta Truck Accident Lawyer?
If you or a loved one has been involved in a truck accident, especially one that resulted in significant injuries, property damage, or a fatality, you need a truck accident lawyer in Atlanta, GA, immediately. The stakes are simply too high to navigate these waters alone.
“The reality is that you need legal representation as soon as you are in an accident, even if you don’t feel like you are injured,” said Williamson. “Some injuries, like mild traumatic brain injuries or whiplash, don’t manifest for weeks or even months and only get progressively worse over time. For other injuries, your adrenaline may mask your injuries. Even if you feel fine, it is crucial to seek a doctor for treatment as soon as possible, and then promptly work with an attorney to get the truck accident settlement you deserve – this will also demonstrate to the court that you are taking your injury seriously, and if you wait too long, the opposing party will have grounds to say that your injuries did not result from the accident,” he explained.
Related Article: How Sandy Springs Brain Injury Lawyers Won a “Mild” TBI Case
What Compensation Can I Recover After a Truck Accident in Georgia?
You may be entitled to recover various types of damages in a truck accident lawsuit, including:
- Economic Damages: Quantifiable financial losses such as medical expenses (past and future), lost wages and diminished earning capacity, property damage, and rehabilitation costs.
- Non-Economic Damages: Subjective losses that are harder to quantify but no less real. These damages include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement or permanent disability.
- Punitive Damages: In rare cases, if the at-fault party’s conduct was egregious or showed a willful disregard for safety, punitive damages may be awarded to punish the wrongdoer and deter similar conduct.
Related Article: 10 Ways to Increase the Value of a Personal Injury Case
Are Commercial Truck Accident Settlements Higher than Car Accident Cases?
Usually, yes, because of the severity of the injuries and property damage that often results, as well as commercial insurance policies, truck accident settlements are typically higher.
Related Article: 10 More Ways to Increase the Value of a Personal Injury Settlement
Do I Need a Lawyer to Prove Liability After a Truck Crash?
While not legally mandatory, having an attorney is highly advisable. Proving liability in a truck accident often requires:
- Deep legal knowledge of state and federal trucking regulations.
- Resources to hire expert witnesses (e.g., accident reconstructionists, medical professionals).
- Experience dealing with aggressive trucking company defense teams and their insurance adjusters.
- The ability to gather and analyze complex evidence, like black box data and driver logs.
“Navigating the aftermath of a severe truck accident on your own is like entering a boxing match with one hand tied behind your back,” said Schneider. “Our team levels the playing field, ensuring your voice is heard and your rights are fiercely protected,” he said.
Related Article: Will I Get Fair Compensation From Insurance After an Atlanta Accident?
Defend Your Rights with a Premier Atlanta Truck Accident Lawyer
Following a truck crash, the reality is that who is liable in a truck accident hinges, largely, on the quality of the truck accident lawyer in Georgia with whom you work. At Schneider Williamson, we are dedicated to serving victims across Georgia, providing aggressive, compassionate, and strategic legal representation. Our proven track record of securing six, seven, and eight-figure compensation for our clients speaks to our commitment and expertise.
If you’ve been injured in a truck accident, don’t face the complexities alone. Contact us today for a free consultation. We will defend your rights and fight for the justice you deserve.
