How Fault Is Determined in a Truck Accident Investigation in Georgia
Over the years, we have helped countless truck accident victims demand justice after devastating crashes. Our Albany, GA truck accident attorneys have the knowledge and skills needed to gather and preserve the mountains of evidence necessary to prove fault in your case.
Some of the documents and evidence we use to determine fault for a truck accident include:
Driver Logs and Toxicology Reports
- The truck driver’s logs, which show how long the driver had been on duty leading up to the accident
- The truck driver’s toxicology report, if the driver is required to undergo an alcohol/drug screen following the accident
Truck Data and Load Documentation
- Information from the truck’s electronic data recorder, which functions similarly to an airplane’s black box by recording the truck’s operations, including speed, GPS position, how long the engine has been running, and steering, braking, and acceleration
- The load manifest, which shows what cargo was loaded into the truck and how it was loaded
Maintenance and Accident Evidence
- The truck’s inspection and maintenance records, which may indicate if maintenance or repairs were deferred or negligently performed
- Accident scene photos
- Dashcam, in-cab camera, traffic cam, or surveillance camera footage
- Eyewitness statements
- Vehicle damage/repair reports
- Police crash reports
- Medical records from your treatment
- Expert reviews to reconstruct the accident and project the long-term impacts of your injuries.
Statute of Limitations for Georgia Truck Accident Lawsuits
Georgia’s statute of limitations on truck accident cases limits the time you have to file a personal injury lawsuit.
Typically, you only have two years from the date of the wreck to file a lawsuit pursuing financial compensation. If you wait too long to file suit, you risk having your claim permanently dismissed by the trial court.
Do not put off talking to a lawyer after a serious truck accident. A trusted truck accident attorney can take a lot of the burden off you during this difficult time by managing all the details of your claim while you heal.
Frequently Asked Questions About Albany Truck Accident Claims
Can I Hold the Trucking Company Liable if Their Driver Caused my Albany Truck Accident?
Possibly. Under Georgia law, truck companies can be held vicariously liable for a truck driver’s negligence if the driver is their employee.
However, many truckers are independent contractors, which could limit a truck company’s responsibility if a non-employee caused the wreck. Even then, a trucking company could face liability in some cases, such as negligent supervision or inadequate vehicle maintenance.
What Evidence Does a Lawyer Gather to Prove Fault in a Georgia Truck Accident?
Commercial truck accidents are complex and cause some of the worst injuries on Georgia roads. Because these cases tend to have higher damages, insurers may fight aggressively to minimize an accident victim’s compensation. This makes compelling evidence essential.
Potential evidence in a truck accident case may include:
- Medical records
- Witness statements
- Truck driver hours-of-service logs
- Black box/electronic logging device (ELD) data from the truck
- Photos, video surveillance, and dashcam footage of the accident scene
- Truck company hiring records
- The driver’s background check
- Vehicle maintenance records
- Cell phone records
- Toxicology tests
- Expert testimony from accident reconstruction professionals, life-care planners, and doctors
Can I Claim Compensation for Future Medical Expenses After a Serious Truck Accident?
Yes. If you suffered serious injuries in a truck accident and will need ongoing medical treatment for lasting disabilities, you can seek compensation for future medical expenses in your personal injury claim.
This is one of the most important reasons victims should never settle their cases before consulting a truck accident attorney. The insurance company may pressure you to settle soon, but if you accept a settlement, you can’t go back and ask for more money if you find your medical costs exceed what you received.
How Do Albany Truck Accident Attorneys Handle Cases Involving Multiple Responsible Parties?
When a truck accident case involves multiple liable parties, an attorney must gather evidence showing how each party’s negligence contributed to the crash.
The lawyer must also identify all available insurance policies that could provide coverage for the collision and compensation to the accident victim. Finally, an attorney files separate claims against each liable party’s insurer to pursue full and fair compensation for the damages sustained.
Can I File a Claim if the Truck Driver Was an Independent Contractor?
Yes, if the independent contractor was negligent and their actions caused the truck accident and your injuries.
However, you may not be able to sue the truck company that the contractor works with. Truck companies may be vicariously liable for the actions of their drivers under Georgia law, but that protection does not extend to independent contractors.
In these cases, your claim would be filed against the contractor’s personal auto insurance policy.
Site by