How to Prove Truck Driver Negligence

To prove that a truck driver was negligent in an accident, you need to show that their carelessness caused the crash. This means demonstrating that the driver didn’t follow safety rules, didn’t maintain their truck properly, or made mistakes while driving.

In this guide, you will learn how to build a strong case against a negligent truck driver.

Gathering this proof can be tough without help because it involves collecting evidence, understanding truck regulations, and dealing with complicated legal details.

Contact a truck accident lawyer to help gather evidence and prove the driver’s negligence.

What Types of Trucker Negligence Can Cause a Truck Accident?

When truck drivers don’t follow the rules, they might be considered negligent, which means they didn’t do what they were supposed to do, leading to an accident. Here are some common ways truck drivers can be negligent:

• Driving Under the Influence (DUI): Truck drivers must be even more careful than regular drivers. They can get in trouble if their blood alcohol level is over 0.04, much lower than the 0.08 limit for regular drivers.
• Speeding: Trucks that go too fast can’t stop quickly, which makes accidents more likely.
• Reckless Driving: This includes any kind of dangerous driving that isn’t careful.
• Aggressive Driving: Sometimes, truck drivers might act aggressively on the road, like showing road rage.
• Hours of Service Violations: Truck drivers have limits on how many hours they can drive. Breaking these rules to drive more can be dangerous.
• Distracted Driving: Truck drivers aren’t allowed to use phones while driving, but some still do, which can cause accidents.
• Improper Lane Changes: Trucks have big blind spots. Drivers need to check carefully before changing lanes to avoid accidents.
• Failure to Inspect Vehicle: Drivers must check their trucks before driving. If something goes wrong because they didn’t inspect their truck, it could be their fault.
• Improper Training: Some drivers might not have the right training to handle their trucks safely.
• Other Traffic Violations: This includes things like not stopping at stop signs or lights.

Unique Aspects of Truck Accident Cases in Georgia

Truck accident cases in Georgia have their own unique aspects:

1. Comparative Negligence: Georgia uses a modified comparative negligence rule. You can recover damages even if you’re partially at fault, but if you’re 50% or more at fault, you cannot recover any damages. If you’re less than 50% at fault, your damages will be reduced by your percentage of fault.
2. Federal Regulations: Trucks must follow federal regulations from agencies like the Federal Motor Carrier Safety Administration (FMCSA). These rules cover driver qualifications, driving hours, and vehicle maintenance. Violations of these rules can help prove negligence.
3. Preservation of Evidence: Trucking companies must keep records about their drivers, trucks, and operations. These records are important for proving negligence but can be lost if not preserved quickly.
4. Multiple Liable Parties: Truck accidents might involve several parties, such as the driver, the trucking company, and the cargo loaders. Identifying all potential responsible parties is crucial to holding everyone accountable.

What Happens After a Truck Accident

After a truck accident, trucking companies and their insurance teams usually send people to check out the crash scene right away. It’s important for you to have someone on your side doing the same thing.

A good lawyer can quickly figure out how the accident happened and find out who was really at fault. They will gather important evidence from the crash scene and also look into the truck company’s records and files to help with your case.

If you’re in a truck accident, contact an experienced truck accident lawyer quickly to keep important evidence safe, as insurance companies might try to reduce the amount of evidence they need to pay for the accident.

How to Prove Negligence in a Georgia Truck Accident

In most truck accident cases, people usually reach a settlement, but sometimes the case might go to court. To win, you need to prove your case with enough evidence.

Here are the four key things you need to show:

• Duty of Care — The truck driver was supposed to drive safely and carefully.
• Breach of Duty — The driver didn’t drive safely and caused the accident.
• Causation — The driver’s mistakes led to the accident and your injuries.
• Damages — Your injuries caused you problems like medical bills or lost wages.

If you can prove these four things, you might get compensation for your medical expenses, lost income, pain, and other losses.

Proving Negligence: Building a Strong Case

To show that a truck driver was careless in a Georgia truck accident, you need to gather and organize evidence carefully.

Here’s what you should do:

• Collect Evidence: After the accident, take photos of the scene, vehicle damage, and road conditions. Get statements from witnesses and make sure to get a copy of the police report.
• Expert Help: Experts like accident specialists and medical professionals can explain what happened and how badly you were hurt. They help make sense of complicated details.
• Preserve Records: Trucking companies must keep important records like driver logs and maintenance records. Get these records quickly as they can show if the truck driver was at fault.
• Keep Documents: Save all papers and messages about the accident, including from insurance companies and doctors. Documenting your treatment and expenses is important for your case.
• Get an Experienced Truck Accident Lawyer: Because truck accident cases can be tricky, having an experienced injury lawyer can make a big difference. They know the laws and can guide you through the process.

What Is the Employer’s Responsibility for a Truck Driver’s Mistakes?

A trucking company can be held responsible for what its drivers do. For example, if a driver causes an accident because they were drunk or on drugs, and they had a history of such problems, the company might be at fault.

Also, if a driver breaks rules about how many hours they can work and the company knows about it, the company could be held responsible. Trucking companies are also responsible for hiring safe drivers.

The legal rule called “vicarious liability” means that a company can be blamed for a driver’s mistakes even if the company itself did nothing wrong. Some companies try to avoid responsibility by calling drivers “independent contractors,” but courts look at the real working relationship to decide if the company is responsible.

How Long Do You Have to File a Personal Injury Claim After a Truck Accident?

In Georgia, you have two years to file a personal injury claim after a truck accident. This two-year period starts from the day of the accident. If you don’t file your claim within those two years, you may lose your chance to get compensation. So it’s important to act quickly.

Contact Us for Help with Your Georgia Truck Accident Claim

If you or a loved one has been seriously injured or killed in a truck accident caused by a careless driver it’s important to get a skilled truck accident lawyer on your side.

At Wetherington Law Firm, we know how to investigate truck accidents and prove negligence. We are here to help you get the compensation you deserve. Call Wetherington Law Firm at (404) 888-4444 to speak with an experienced personal injury attorney about a free consultation and legal questions. All our cases are handled on a contingency basis so you do not have to pay us until we win. Contact us today for a free case evaluation.