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Valdosta, TX Truck Accident Lawyer

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Valdosta, TX Truck Accident Lawyer

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Valdosta, TX Truck Accident Attorney

Located along I-75, accidents involving large trucks are a hazard for every motorist in Valdosta. And while Valdosta sees fewer truck accidents than some of Georgia’s larger cities, it doesn’t matter when you or someone you love has been injured in a truck accident. From coordinating your medical treatment to dealing with the insurance companies, you need someone who can help you start moving forward. You need a Valdosta truck accident lawyer from Merritt & Merritt Law Firm, call us at 229-469-8266.

Negligence of the Driver or Negligence of the Trucking Company?

Almost all truck accidents are the result of someone’s negligence. Unlike passenger vehicle accidents, however, it could be someone other than the driver, typically the trucking company. Either way, you will have to prove that either the driver or the trucking company was negligent in order to successfully pursue a claim for compensation. A Valdosta truck accident lawyer will know how to prove your claim.

Truck Driver Negligence

Negligence on the part of the truck driver is often the same as negligence in other motor vehicle accidents. For example, the truck driver may have been speeding, following too closely, or otherwise driving unsafely. However, truck drivers are more likely to drive while drowsy or make mistakes due to inexperience. Truck drivers need to be especially vigilant when it comes to stopping or turning their trucks due to their size and weight. Another example of negligence specific to truck drivers is continuing to drive their trucks despite their knowledge that the truck is unsafe due to neglected maintenance or repairs.

Vicarious Liability

Vicarious liability is where one party is held liable for the actions of another. Employers can typically be held liable for the actions of their employees, provided that they were acting within the scope of their employment. This includes trucking companies and their drivers. While there are some exceptions, in most cases trucking companies can be held liable for the negligence of their drivers. This is helpful for accident victims who may be worried about whether the driver has sufficient insurance coverage or assets to cover their claim.

You should also be aware that many trucking companies will hire drivers as independent contractors in order to avoid vicarious liability. While this may complicate your case, it doesn’t mean that you have no options for recovery. In fact, the “independent contractor” status of the driver may be challenged in many cases. A Valdosta truck accident lawyer can help you overcome this issue.

Negligence on the Part of the Trucking Company

Many truck accidents are not the fault of the driver, or at least not entirely. Trucking companies are corporate entities that often place profits above the safety of other drivers on the road. When accidents occur, a Valdosta truck accident lawyer can help you hold the trucking company accountable.

Some of the ways that the trucking company’s negligence can lead to an accident include the following:

  • Failure to maintain their trucks or make necessary repairs
  • Failure to screen drivers and mechanics to ensure that they are qualified to do their jobs
  • Failure to provide adequate training and supervision of drivers
  • Encouraging or demanding that drivers stay on the road despite fatigue or insisting that they meet unreasonable delivery schedules
  • Ignoring unsafe driving habits or substance abuse issues among drivers

Of course, the trucking company will likely dispute that they were negligent in any way. A Valdosta truck accident lawyer will know how to get the evidence you need to hold the trucking company accountable.

Other Parties That May Be Liable for Your Truck Accident

Some truck accidents occur despite the driver’s or the trucking company’s efforts to ensure the safety of others. Some of these parties can include the following:

  • The manufacturer of any defective parts that failed and caused the accident
  • Mechanics independent of the trucking company if they made shoddy repairs
  • The company responsible for loading the truck if the accident was caused by an unbalanced or unsecured load
  • Other drivers whose negligence caused the truck to get into the accident
  • The parties responsible for designing, maintaining, or repairing the roadways if road conditions caused the accident

A skilled Valdosta truck accident lawyer will be able to look beneath the surface in order to determine the true cause of the accident and who should be held accountable.

FAQs

How do I know if I am entitled to compensation?

Whether or not you may be entitled to compensation will largely depend upon three things:

  1. That the truck driver or the trucking company was negligent;
  2. That their negligence caused the accident;
  3. That you were injured as a result of the accident.

This sounds simple, but proving negligence and causation is often difficult. The best thing to do is contact a Valdosta truck accident lawyer, as they will be able to determine whether you may be entitled to compensation.

The trucking company says that the accident is my fault. What should I do?

Under Georgia law, you can still recover compensation even if your own negligence contributed to the accident. However, if your negligence is more than half of the reason the accident occurred, you may be barred from recovery.

Regardless, claiming that your negligence caused the accident is a tactic intended to avoid liability. They must prove that (1) you were negligent and (2) that your negligence contributed to the accident. Your lawyer can demand strict proof of this allegation and likely help you overcome it.

Talk to a Valdosta, TX Truck Accident Lawyer at Merritt & Merritt Law Firm if You Have Been Injured

If you have been injured in a truck accident, you need to take action to protect your right to compensation. Give us a call at 229-469-8266 to schedule a free consultation with a Valdosta truck accident lawyer from our firm, and we’ll handle the rest.

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