Truck Accident Claims and Lawsuits

An experienced truck accident attorney Dekalb County GA has to offer knows that when a victim is injured in a truck accident, they often automatically assume that the truck driver must be the party who was at-fault for the crash. In many truck accident cases, that is true, however, he or she may only share partial fault and any injury claim or lawsuit could name multiple parties.

Our truck accident attorneys have been advocating for accident victims for years and understand how complicated truck accident cases can be. We have handled numerous truck accident cases and understand that the one of the most common factors in these crashes is truck driver fatigue or other actions or behaviors on the truck drivers fault.

But we have also handled cases where there was a mechanical issue that caused the crash, either because the truck was not properly maintained or there was a defective part that caused mechanisms in the truck not to work.

A truck accident attorney in Atlanta, GA will evaluate your case to determine who the responsible parties are. In our firm’s experience, these may include:

  •       Trucking Company: It is up to the trucking company to hire experienced, well-trained drivers, as well as properly supervise those drivers. There are also crashes that result because the trucking company breaks federal and state regulations.
  •       Cargo Company: Some truck accidents happen because the cargo or freight company overloads or improperly loads the vehicle. This can cause the truck driver to lose control of the vehicle or the truck to flip over.
  •       Maintenance Company: If the vehicle was maintained by an outside company and not by mechanics employed directly by the trucking company, then this company could be liable if the crash was caused by a failure to repair or an improper repair of a truck part.
  •       Manufacturing Company: If the truck part itself was defective, and that caused the crash, then the truck part manufacturing company could be held responsible. Common defective truck parts include brakes and tires.

Each of these parties will have their own liability insurance company and/or attorneys who will be involved in negotiations of a truck accident claim. If the claim proceeds to a lawsuit because of a failure to come up with a fair settlement amount for the victim, each entity will be named as defendants. Because of the multiple parties involved, these cases can become very complex and require the legal knowledge and expertise of an experienced truck accident attorney.

It is not uncommon for multiple defendants to try to blame each other for the crash, even if the party they are trying to blame is not named in the truck accident lawsuit. If they are successful, this could result in the awarded amount of compensation to be lower.

There is also a statute of limitations involved in filing truck accident lawsuits and once those limits expire, a victim loses their right to pursue their case.

We are happy to meet and discuss what your legal options are and how we can help you obtain the compensation you deserve.

Thank you to Andrew R. Lynch, P.C. for providing their insight on truck accidents and authoring this piece.