Who Can be Held Liable in a Macon Truck Accident?

Considering the massive weight and size of commercial trucks, particularly when moving at high speeds along highways and interstates, truck accident victims are likely to suffer lasting injuries or even death. Macon is especially vulnerable to severe and fatal truck accidents since tractor trailers and semis from Savannah, Atlanta, and elsewhere go through occupied highways and interstates such as Hwy 247, I-475, I-16, and I-75.

Truck accidents vary from normal auto accidents, with most victims being passengers and drivers of other ordinary vehicles. If you or somebody close to you has sustained an injury due to a trucking accident in Macon, GA, you may have grounds to pursue compensation to cover medical bills and lost earnings and ensure your financial stability for the foreseeable future.

The skilled Macon truck accident lawyers at Rafi Law firm can assist you in establishing who is liable for your truck accident claim in Macon and ensure they are held financially accountable for the harm they have inflicted. Contact us today to arrange a FREE consultation.

Who can be held liable for a truck accident claim in Macon?

Pursuing a truck accident claim is more involved than filing a standard auto accident claim. In the case of a truck accident, the insurance limits are high, the damage will be more widespread, the reasons for the crash can be more intricate, and there can be multiple avenues of financial liability. Georgia follows an at-fault doctrine, whereby the party responsible for the crash must cover damages they caused. Following the respondeat superior liability doctrine, the employer of the truck driver can be deemed responsible for the recklessness of their employee if the driver was on the clock fulfilling work duties.

For your claim to go through, you and your attorney must definitively prove that the truck driver was responsible for the accident. Fault under the doctrine of respondeat superior is established in a 3-step process that entails proving whether these statements are true:

• The truck driver was an employee of the trucking company at the moment leading to the crash. Even though most drivers are considered independent contractors, the trucking company may still be deemed guilty.
• The truck driver was carrying out work-related duties at the time of the truck accident. If the truck was used for personal reasons, for example, holding the trucking company responsible may be difficult.
• The truck driver’s actions were of interest to the trucking company. If the truck was not being used in an official capacity, the trucking company may not be held responsible.

Depending on the circumstances surrounding the trucking accident, here are some of the parties that can be held liable:

The Truck Driver

Driving while under the influence, speeding, not thoroughly inspecting the truck, and driving while fatigued or distracted are some of the negligent behaviors truckers get into that result in catastrophic accidents. If it is proven the truck driver acted negligently and caused an accident, the truck driver will be held financially accountable for damages.

The Trucking Company

Negligent corporate governance may result in a trucking accident. Tight deadlines and paying by the mile are policies that make truckers engage in reckless driving habits and don’t follow federal regulations on the duration a trucker should spend on the road. The trucking company can also be considered liable for inadequate training, negligent onboarding practices, and poor maintenance.

The Insurance Company

Georgia law mandates that trucking companies take on an insurance policy that is considerably higher than that of a typical passenger car. This insurance coverage will come into effect when the trucking company is facing a wrongful death or personal injury lawsuit after a crash. In contrast to average auto accident claims, the trucking company’s insurer can be sued for reimbursement after a severe or deadly trucking accident.

The Manufacturer of a Faulty Component

Although the trucking company must conduct scheduled truck maintenance, a manufacturer of the vehicle or parts can be deemed guilty if a part or design defect is the reason for the accident. This sort of case will be handled as product liability, and the manufacturer can be held accountable for compensating the truck accident victim. Examples of truck product liability lawsuits include steering issues, tire blowouts, defective brakes, faulty trailer hitches, and hydraulic failures.

The Cargo Loading Company

There are federal guidelines stipulating the proper loading procedures of trucks and how cargo can be transported safely. Some materials also have unique loading demands, such as when a truck is carrying hazardous materials. If cargo isn’t properly secured or balanced and results in the truck crashing or rolling over, the cargo loading company can be held liable.

Work With Our Experienced Macon Truck Accident Attorneys Today!

If you were the victim of a truck accident in Macon, GA, our personal injury lawyers at Rafi Law Firm can help identify the liable party and hold them accountable for your damages and losses. We are dedicated to getting the best possible outcome and will demand maximum compensation. Please consult with our Macon truck accident lawyers to discuss the best way to file your truck accident claim in Macon and ensure the liable party/parties are held accountable.

Call us today for a no-cost initial consultation!