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After suffering a personal injury in a trucking accident, you will want to receive compensation for your damages. Unlike in car accidents, determining who is responsible for paying truck collision claims can be more difficult. Under Georgia law, the person or company at fault is liable. Below, learn the factors that affect who pays for your losses in this situation. 

Truck Drivers Might Be at Fault

Truck drivers, including independent contractors who own the vehicles they operate, are generally responsible for paying claims arising out of their negligence. Distracted driving, violating traffic laws, or failing to comply with federal trucking regulations, are reasons for holding big-rig drivers legally responsible for accidents.

Trucking Companies May Have Liability

personal injuryWhen a fleet of trucks is owned by a business such as a retailer or a trucking company, and the driver is an employee of the business, the owner is liable for your personal injury. The legal theory that applies is the respondeat superior, which means the employer is responsible for the employee’s actions.

Trucking Employers Can Attempt to Shift Blame

Trucking company employers try to avoid legal responsibility by coming up with reasons why their employee’s fault should not be charged against them. If a driver was operating the vehicle under the influence of alcohol or drugs or in violation of federal regulations, employers could argue that the operator was acting outside the scope of the employer’s authority. Other attempts to shift blame include claiming poor vehicle repair or maintenance by third parties, faulty vehicle design, or unsafe construction by truck manufacturers.     

 

Experienced personal injury attorneys are an effective aid in sorting out who is at fault in trucking accidents. The attorneys at the law firm of Stow Garvin & Glenn in Gainesville, GA, offer more than 50 years of experience in pursuing personal injury claims successfully for their clients in the Hall County area. While every case is different, these skilled and compassionate lawyers seek full compensation for each client from every party who may have legal responsibility. Assert your right to full recovery of damages from your trucking accident. Visit their website to learn more information or call (770) 534-5265 to schedule a legal consultation.

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