Determining Liability in Georgia Trucking Accidents
Accidents that involve large trucks can cause devastating damage, including severe injuries or fatalities. Even with advances in technology, truck manufacturers do not always install crash avoidance measures on semi-trucks. While adding these systems would not eliminate all accidents, they may possibly reduce or prevent many rear-end collisions and other types of accidents. When assessing who is at fault in a trucking accident, there are many potentially liable parties that can be held responsible for a victim’s injuries and losses. If you experienced an accident involving a large truck or another commercial vehicle, you may have the ability to file a claim against the truck driver, trucking company, third party, or even a manufacturer of a defective trucking component or system. Contact the experienced trucking attorneys at Hall & Lampros at (404) 876 – 8100 today.
Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA) oversees the rules and regulations that govern the trucking industry. Established guidelines are intended to guard the safety of truck drivers and other motorists on the highways. Truck drivers and trucking companies must follow the guidelines established under these federal laws. Some of the types of areas these laws govern in the trucking industry include those listed below.
Commercial Driver Licenses – People who operate large commercial trucks, also known as 18-wheelers or semi-trucks, have a duty and responsibility to follow all state and federal laws in order to have a commercial driver’s license (CDL). If the truck driver that caused your accident did not have a proper license, it can show negligence on the part of both the truck driver and the trucking company.
Mandatory Rest Periods – Truck drivers are limited as to how long they can drive without a rest period. Hours of Service requirements are mandatory under federal law and truck drivers are required to maintain a driver’s log that outlines their work and off-duty hours.
Maximum Weight Allowances – The size of the truck determines how much weight a truck legally have as cargo. Single axle trucks are permitted under law to have a maximum of 20,000 pounds and two-axle trucks have a maximum allowance of 34,000 pounds. Since overloading a truck is not only dangerous but illegal under federal law, trucks are required to be weighed along the road to verify the amount of weight they have as cargo. When determining the cause of a truck accident, the amount of weight the truck was carrying can be a critical part of the investigation.
Trucking Industry Standards – Quality control is regulated in both the manufacturing and the repair processes of large commercial trucks. Federal laws govern the parts and components on a truck, such as their brake systems, wheels, steering, and other trucking systems. If a manufacturing defect causes an accident, a victim may have a claim against the manufacturer, supplier, or repair company. This principle is called “product liability.”
Hazardous or Toxic Cargo – Safety regulations are in place for anyone who transports hazardous or toxic materials. The Office of Hazardous Materials Safety (OHMS) establishes these guidelines and if a truck driver or trucking company failed to follow safety regulations or protocols regarding the transportation of hazardous or dangerous cargo, you may have the legal right to pursue compensation for your injuries and losses.
Liability in Trucking Accidents
Assessing liability in an accident may be legally complicated in cases involving large trucks. Various parties involved may be determined to have full or partial liability:
- The driver of the truck
- The trucking company that employed the truck driver
- The owner of the vehicle involved in the accident
- The company or person who leased the truck
- The company or person responsible for loading the truck’s cargo
- The manufacturer of a truck’s defective part or component
- Another motorist who was involved in the accident
If you have experienced an accident involving a truck, you may be immersed in the complex investigation of determining liability and fault. Typically, all parties attempt to blame another party, leaving the injured victim confused and frustrated. Determining liability is complex and challenging, and visiting with an experienced trucking accident attorney can assist you through the process and ensure your legal rights are protected.
Contact an Experienced Trucking Accident Lawyer
If your accident involved a large truck, semi-truck, or another commercial vehicle, you may have the legal right to pursue compensation for your medical bills, lost wages, property damage and pain and suffering. Contact us at (404) 876 – 8100 for a free consultation with an experienced trucking accident lawyer. We can help build a strong case on your behalf and help you receive the compensation you deserve.
Chris has successfully represented numerous clients in catastrophic personal injury, employment law matters, class action, consumer protection, business tort, and legislative matters involving multi-million-dollar damages.