Car accidents can be devastating, both physically and mentally. Your medical bills, car repairs, and time you have to take off from work can quickly make a dent in your finances. A collision that involves an especially large vehicle, like a tractor-trailer, can be even more catastrophic.
Not only do truck drivers have a responsibility to prevent causing harm while on the road, but their employers have legally required duties of care, too. When these people act negligently and you end up injured as a result, you may have a case for a personal injury lawsuit. A Lithia Springs truck accident lawyer could help you handle your case so you have better outcomes in court. With over 25 years of extensive trial experience and compassionate client care, Attorney Robert James is ready to fight for you.
Legal Liability for Truck Accidents
The state has specific laws that apply to truck drivers and their employers. Violations of these rules can create unnecessary safety risks that could directly cause someone else on the road to get hurt. Topics include:
- Routine vehicle maintenance/inspection
- Weight limitations and other protocols for loading and securing cargo
- Background checks and appropriate licensing/training for truck drivers
- Hours of service laws for long-haul truckers to prevent fatigued driving
The Official Code of Georgia Annotated § 51-2-2 allows lawsuits based on the legal concept of respondeat superior. This enables an injured person to hold an employer legally and financially responsible for damages caused by employees on the job. Under this rule, even if the business owner did not directly contribute negligence to the accident, they can still be held liable if their employee was acting within the scope of their role for the business at the time they caused an injury. An experienced truck accident attorney in Lithia Springs could help apply this doctrine to your case.
Suing for Truck Accident Damages
When an individual is hurt in a truck accident, a lawsuit may be the best way for them to get the financial help needed to cover the costs related to the collision. It is important to fully understand how the laws apply to a case in order to correctly present an argument in court and determine what amounts of compensation are available.
In Georgia, there is no limit on how much money can be awarded in a truck accident suit, as long as the costs are reasonably related to the crash. Whether the medical bills are $1,000 or $1,000,000, the court does not have an automatic cap.
Be aware that Georgia is a comparative fault state. This means that if the defense can convince the court that the injured person was partially responsible for the accident, they could receive less money from the lawsuit. An injured motorist could even be denied any compensation at all if a jury decides they were just as, if not more, responsible than the defendants. Knowing how to anticipate and counter these kinds of claims is crucial, which is where a Lithia Springs truck accident attorney can be beneficial.
Contact a Lithia Springs Truck Accident Attorney for Help Recovering
Determining who is liable for your injuries can become complicated when both a driver and their employer are involved. Knowing which laws to apply to your case, gathering appropriate evidence, making your argument in court, and presenting any necessary defenses to comparative negligence could mean the difference between a legal victory or a defeat. Do not take on this challenge alone.
As a former elected District Attorney who also served as a litigation instructor for several prosecutors and police officers in the state of Georgia, Attorney Robert James has a well-versed and unique insight into how both sides of the law work. When you reach out to our firm, you will be treated with respect and professionalism every step of the way. Contact us now and find out how a Lithia Springs truck accident lawyer could help you fight for justice and the financial compensation you are owed.