Commercial trucks are an integral part of Georgia’s economy and play a vital role in transporting essential and non-essential goods across the country. At the same time, their size and weight pose a threat to other road users. Commercial trucks have larger blind spots, longer stopping distances, and greater momentum, all of which can increase the risk of accidents. The impact of a truck accident is often catastrophic, leading to severe injuries or deaths.
If you have been injured in a truck accident, the experienced Roswell, GA truck accident lawyers at Miller Injury Trial Law can help you get the settlement you deserve. Our legal team has a proven track record of success in handling commercial truck accident claims. We know how to get the trucking company, or any other liable party, to pay you the settlement you deserve. Call us today at 855-44MILLER to discuss your case with one of our attorneys.
Major Highways in Roswell, GA
There are several highways in Roswell that are commonly used by truckers to transport goods across the country. These include:
- Georgia State Route 400 (SR 400)
- Georgia State Route 92 (SR 92)
- Georgia State Route 120 (SR 120)
- Georgia State Route 140 (SR 140)
Understanding the Truck Company’s Liability in a Roswell, GA Truck Accident Claim
A truck company can be held directly or vicariously liable for the accident caused by its driver, depending on the circumstances.
Direct Liability of the Truck Company
A truck company can be held directly liable for a truck accident if its negligence contributed to the incident. This can occur in several ways:
- Failure to Maintain Vehicles: If a truck company neglects regular maintenance or ignores necessary repairs, and if it results in a vehicle breakdown or malfunction, they can be held responsible for the resulting damages.
- Inadequate Training: Truck companies are responsible for ensuring their drivers are properly trained and qualified. If a truck company fails to provide the necessary training to its driver, and if the driver causes an accident, the company can be held liable.
- Negligent Hiring Practices: If a company hires a driver with a history of traffic violations or substance abuse problems, and if the driver causes an accident, the company can be held liable.
Vicarious Liability of the Truck Company
A truck company can be held vicariously or indirectly liable for the actions of their drivers under the legal principle of ‘respondeat superior’, which allows an employer to be held responsible for the negligent acts of their employees.
For vicarious liability to apply, the driver must have been performing duties related to their job at the time of the accident. For example, if the driver was making a delivery or carrying out work-related tasks when the accident occurred, the truck company can be held liable for the resulting damages. On the other hand, if the driver was acting outside the scope of their employment, such as using the truck for personal use, the truck company cannot be held liable.
Can a Truck Company in Roswell, GA Be Held Liable for an Accident Caused by an Independent Contractor?
Yes, but only under certain circumstances.
Generally, a truck company cannot be held liable for accidents caused by drivers who are designated as independent contractors, as the contractors are considered separate entities from the company. Based on this, if the truck company and contractor operate under conditions that are similar to an employer-employee relationship, the company can be held liable for the contractor’s actions. The factors considered include:
- If the company exerts significant control over the contractor’s work, including setting work hours and providing detailed job instructions.
- If the contractor relies heavily on the company for a substantial portion of their income, reflecting an employer-employee dynamic.
- If the contractor’s work is closely integrated into the company’s business operations, suggesting an employment relationship.
- If the company mandates the contractor to follow its policies and procedures, similar to an employee’s obligations
The Importance of Early Legal Representation in a Roswell, GA Truck Accident Claim
Immediate Evidence Collection
Following an accident, the truck company will dispatch its own investigators to the scene of the accident to collect evidence and document the scene in order to protect its interests and limit its liability. Early legal representation allows us to send our own team to the accident scene and swiftly gather critical evidence before it is lost or tampered with. This includes:
- Black Box Data: Commercial trucks are equipped with electronic logging devices and black boxes that record important data such as speed, braking patterns, and driver behavior. Securing this data before it is lost is essential for understanding the circumstances leading up to the accident.
- Accident Scene Evidence: Physical evidence from the accident scene, such as vehicle damage, skid marks, and road conditions, needs to be documented before it deteriorates or disappears.
Building a Strong Case
With early legal representation, we can allocate the time and resources needed to thoroughly investigate your case and build a robust claim. This involves:
- Detailed Investigation: We can conduct a comprehensive investigation into the accident, including analyzing the truck’s maintenance records, reviewing the driver’s history, and examining any potential violations of Federal Motor Carrier Safety Regulations.
- Expert Consultation: Our team can consult with accident reconstruction experts, medical professionals, and other specialists to strengthen your case and accurately assess the extent of damages and injuries.
Handling Insurance Communications
One of the advantages of early legal representation is that we can manage all communications with the insurance companies right from the outset. We can carefully guide you through the claims process and make sure you do not inadvertently say or do something that could negatively affect your case.
Expert Witnesses We Can Use to Build a Strong Truck Accident Claim
Expert witnesses bring specialized knowledge and expertise to the table and can provide critical insights that can support and substantiate your claim. The expert witnesses we might use to strengthen your claim include:
- Accident Reconstruction Experts: They can analyze the physical evidence from the accident scene to recreate the events leading up to the collision. Their insights can help determine the cause of the accident and identify contributing factors.
- Medical Experts: They can provide detailed assessments of your injuries, treatment needs, and long-term prognosis. Their testimony can help demonstrate the extent and impact of your injuries.
- Forensic Engineers: They can examine vehicle components and road conditions to identify mechanical failures or defects. Their analysis can reveal whether equipment malfunctions contributed to the accident.
- Transportation Safety Experts: They can evaluate compliance with Federal Motor Carrier Safety Regulations and industry standards and shed light on any violations by the trucking company or driver.
- Vocational Rehabilitation Experts: They can assess how your injuries affect your ability to work and earn a living and offer critical insights into your potential future earnings and necessary job accommodations.
- Economists: They can help quantify the financial impact of the accident on your life. They can analyze factors such as medical expenses, lost income, and future economic losses and provide a comprehensive picture of the economic damages you have suffered and support your claim for fair compensation.
- Insurance Experts: They can provide insights into the insurance policies and coverage involved in your case. They can help interpret policy language, assess coverage limits, and help determine the amount of compensation you can seek from the at-fault party.
Get Justice and Compensation for Your Truck Accident with Miller Injury Trial Law
If you have been injured in a trucking accident, you need a lawyer who combines extensive legal knowledge with a relentless commitment to securing the compensation you deserve. Tanya Miller is that lawyer.
With a distinguished career as both a prosecutor and a defense attorney, Tanya Miller brings a unique and powerful perspective to your case. Her prosecutorial background provides her with a comprehensive understanding of both sides of the legal process and allows her to anticipate the strategies of the opposing counsel, prepare effective arguments, and build a formidable claim on your behalf. Her defense background equips her with a keen insight into how insurance companies and trucking companies will approach your case.
If you are ready to pursue justice and need a dedicated advocate who will work tirelessly on your behalf, call our firm today at 855-44MILLER or use our online contact form to schedule a free consultation with a Roswell, GA truck accident lawyer.
