A truck accident is usually more lethal than others. A speeding vehicle that weighs over 10,000 pounds when collides with a lesser-weight vehicle is bound to have serious repercussions.
If you are injured in an accident involving a truck, there are higher chances that injuries are serious. As serious injuries demand extra care and attention, the medical bills can rise. Who will be liable for a truck accident in Fayetteville? Who should you turn to get compensated for the damages? Should you hire a Fayetteville truck accident attorney?
What are the laws regarding truck accident liability in Fayetteville? Let’s get down to business quickly.
Who Is Liable for a Truck Accident in Fayetteville?
When an accident occurs between a small and a larger vehicle, the large vehicle is more likely responsible. However, in the case of a truck accident, there are a lot of parties involved, and determining liability can be complex. Some of these parties include:
- Truck driver
- Trucking company
- Truck manufacturer
- Truck mechanic
- Truck parts manufacturer
- Truck loaders
As a victim, you not only have to find an at-fault party but also find who is liable for the damages. The truck accident liability is therefore determined depending on the reason behind the accident.
What Is Respondeat Superior? When Does It Apply?
Respondeat Superior is applicable in truck accidents where the liability for the accident doesn’t directly fall on the driver. As per Respondeat Superior, the liability is shifted to the negligent party employer, i.e., in the case of a truck accident from the truck driver to the truck driver’s employer.
Every truck driver is hired to drive a truck by a company known as a trucking company. A trucking company handles the movement of multiple trucks within its service. They hire numerous truck drivers for the same.
Any truck accident caused by a driver hired by them becomes their responsibility as per Respondeat Superior. But this does not apply to all truck accident accidents. It applies in certain truck accidents which fulfill the requirements of the below questions:
- If the driver of the truck is a contractor or an employee of a trucking company
- If the truck accident and the injury were caused due to negligence of the truck driver on duty.
- If the truck driver’s negligence was intentional and could have been avoided.
In these circumstances, the liability of a truck accident will fall on the trucking company. The “respondeat superior” principle would not apply if the truck driver were an independent contractor.
This means if the truck driver were driving his truck, had his vehicle insurance, had no taxes withheld, and received no benefits, the driver probably is a contractor.
Can More Than One Party Be Liable for a Truck Accident?
Yes, there can be multiple defendants for a single truck accident. Various parties work behind a truck running on the road. In Fayetteville, Georgia, a trucking industry involves multiple parties like contractors, subcontractors, and even leasing companies.
In certain cases, multiple parties can be liable for a truck accident. These scenarios include:
- When the truck accident is caused due to overloading or poor maintenance, the trucking company or even the truck loaders may be held liable
- When the truck accident was caused due to defective manufacturing part, the trucking manufacturing company or the truck mechanic can be held liable
- When the truck accident was caused due to overspeeding, drunk driving, or distracted driving, the truck driver along with trucking company can be held liable
Furthermore, the cause of the accident will determine the liability in the truck accident in Fayetteville. If you have been the victim of such a truck accident, you should contact a truck accident attorney in Fayetteville, Georgia. Such an attorney will help you determine the cause of the accident, collect evidence, establish the link with the liable parties, and more.
This will further help in filing the lawsuit and compensating you for the damages.
What Damages Can Be Recovered in a Truck Accident in Fayetteville, Georgia?
In Fayetteville, if you are a victim of a truck accident and have suffered injuries, you can choose to file a claim before a court of law. Filing a lawsuit will allow you to get your rightful compensation.
A victim can recover multiple damages resulting from a truck accident like:
The compensation would cover all the medical bills and other expenses involved in doctor’s visitation, appointments, physical therapy, etc., depending on the severity of the injuries.
You will need to produce documents like injuries and medical bills receipts to get the claim. Hiring a lawyer can be helpful at this stage.
Filing a case will also help you recover the lost wages if you cannot return to work due to the injuries. If the injuries are turned into disability, your attorney will work accordingly to get sufficient compensation to cover up the lost wages.
Pain and Suffering
In truck accident lawsuits, victims are entitled to non-monetary benefits like pain and suffering. An accident and injuries can cause a lot of pain, and suffering disrupts emotional well-being and reduces the quality of life. As part of the lawsuit, you also have the right to fight for such a claim.
Under some circumstances, an experienced truck accident attorney also works towards recovering the punitive damages. These are the extra compensation provided as a deterrent measure i.e., as a preventive measure to punish the liable party.
You can also file a wrongful death lawsuit against the liable parties if you lost someone in a truck accident. The dependents i.e., parents, spouse, and children have the right to receive the compensation in such a case. The non-economic compensation is usually higher in case of wrongful death lawsuits.
Contact Our Fayetteville Truck Accident Attorneys Today!
Remember, the state of limitation for lawsuits in Georgia is two years. However, filing the lawsuit as soon as possible is advisable as it is easy to collect the evidence and present your case in court while the case is still fresh.
As the days pass, evidence gets lost or tampered with. Furthermore, it becomes difficult to establish clear facts between the victim’s injuries and the truck accident. Contact a Fayetteville injury lawyer to handle your case properly. Schedule your free initial consultation today!