When a truck collides with another motor vehicle or a pedestrian, the result can be catastrophic, and in some cases, deadly. One of the most common causes of truck accidents that occur in and around Lawrenceville is truck driver error.
Truck driver error. Truck drivers not only have a duty to operate their vehicles in a reasonable, careful, and safe manner at all times, they also have a duty to correctly load their trucks and trailers and properly secure their loads.
When it comes to safe truck operation, the Georgia rules of the road are a good starting point. For example, truck drivers must operate their vehicles within the posted speed limits, yield the right of way to other vehicles when appropriate, use turn signals properly, and operate their vehicles in the correct lane (especially when traveling in busy highway traffic).
When it comes to proper loading procedures and truck maintenance (including warning lights and undercarriage lights that operate correctly), the federal and state motor carrier regulations generally control.
When truck drivers operate their vehicles unsafely and an accident results, the negligent truck driver, and potentially the employer trucking company, could be held responsible for damages resulting from the injuries sustained in the accident.
Closely connected with negligent truck driving are distracted driving and intoxicated driving. A truck driver engages in distracted driving when they are paying attention to something other than the road while behind the wheel of the truck. For example, the driver may be using their cell phone or some other electronic device to make phone calls, send emails, or send text messages.
Drivers engaged in distracted driving do not devote their full attention to the road, making it very easy to miss a smaller vehicle in the vicinity (such as a motorcycle). If a distracted truck driver negligently causes their vehicle to collide with a smaller vehicle, a Lawrenceville truck accident lawsuit filed in the court system can name the driver (and sometimes the trucking company) as a defendant.
Similarly, commercial truck drivers who operate their vehicles while under the influence of alcohol or drugs place all other motor vehicle operators on the road at that time in danger. Operators of commercial vehicles who hold a commercial driver‘s license (CDL) and operate their vehicles with a blood alcohol concentration of 0.04 percent or greater are subject to arrest for a DUI.
In addition, if the intoxicated driver causes an accident that leads to injuries, the driver (and potentially the employer trucking company) can be liable for any civil damages awarded to the accident victim by way of a Lawrenceville truck accident claim or lawsuit.
Trucking company negligence. In addition to negligence on the part of a negligent truck driver, the trucking company that employs the negligent driver can also share some or all of the liability for the accident. Moreover, the trucking company’s insurer can be on the line for paying damages if the accident victim prevails in the case. If the negligent truck driver was a trucking company employee rather than an independent contractor, and was acting within their scope of employment, then the trucking company can be vicariously liable for the injuries and damages the accident victim suffers.
The accident victim is in a position to name the trucking company as a defendant in any lawsuit that ends up filed in the state court system. The suit can also name the trucking company if the truck driver who caused the accident was found guilty of drunk driving or had incurred a significant number of moving violations in the past. If the employer trucking company was aware of the truck driver’s history, the plaintiff could sue the employer for negligent supervision, hiring, or retention of the problem truck driver.
Improper trailer loading. Under state and federal motor carrier regulations, truck drivers and the employing trucking companies are responsible for correctly and safely loading and securing their cargo onto the trailer. If the drivers do not load and secure the cargo loads correctly, the material can fall off and into the path of an oncoming motor vehicle. Such negligence can lead to a serious motor vehicle collision that results in injuries to the occupants of the oncoming vehicle.
When trucks haul improperly loaded cargo, it can offset the vehicle’s center of gravity, causing the driver to lose control over the truck and collide with another vehicle. When an accident occurs under these circumstances, the accident victim can file a claim or lawsuit against the responsible truck driver or the trucking company.
Negligent truck maintenance. Trucking companies and their drivers are responsible for properly maintaining their tractors, trailers, and other pieces of equipment at all times. Additionally, they should promptly make any needed repairs and replacements. Similarly, repair facilities have a duty to perform all repair work properly. When they fail to do this, and an accident occurs, these facilities can be responsible for any inflicted injuries.
Defective truck parts. Many trucks and tractor-trailers use mechanical equipment and chains when securing cargo to the trailer. When this equipment is defective, possibly from a manufacturing defect, the cargo can roll into the pathway of an oncoming motor vehicle, bringing about serious injuries.
In addition, truck braking mechanisms, steering mechanisms, and tires can malfunction due to a product defect. When that happens, and the accident victim suffers an injury, the equipment manufacturer can be on the line for damages. For example, the manufacturer may not have adequately tested the equipment before making it available to consumers for purchase.
Roadway defects. Poor roadway maintenance, such as deep potholes and other defects, cause truck cargo to become loose, and in some cases, fall into the roadway. When that happens, the cargo can directly impact an oncoming motor vehicle, leading to a collision. If the accident victim can prove that a collision resulted from a defective roadway condition, the person or entity responsible for maintaining the roadway, such as a construction company or municipality, could be on the line for damages.
If a truck accident was caused by someone else’s negligence resulted in personal injuries and damages to you, you can file a claim or lawsuit against the responsible person or entity. The knowledgeable Lawrenceville truck accident attorneys at Brauns Law Accident Injury Lawyers, PC can help you seek monetary recovery for the injuries you sustained in your truck accident.
