Collisions involving a semi, tractor-trailer, or commercial truck can be devastating. Truck accidents usually result in severe and catastrophic injuries, especially to the passengers of smaller vehicles.
If you or a loved one suffered injury in a truck crash, let a hardworking attorney at Smith Hulsey advise you on pursing a claim for damages. A Cleveland truck accident lawyer could handle your case while you focus on healing.
Several parties may be liable for a truck collision. An attorney experienced at handling Cleveland truck crashes could help determine the negligent parties and hold them accountable on behalf of an injured victim.
Since Cleveland is in an at-fault state, a truck driver who is negligent and causes an accident is liable for any resulting injuries and damages. Trucker negligence could include speeding, driving recklessly, driving drunk, or driving too long without rest.
If a trucker was on the job when they caused a collision, their employer could be held partially or entirely liable. Under the doctrine of “respondeat superior,” trucking companies can be liable for damages caused by their employees when the accident occurs during the scope of employment. For instance, if a truck driver rear-ends a car during a delivery, both the truck driver and the trucking company can be held liable.
Additionally, a trucking company could be held liable for negligence in their hiring practices or vehicle maintenance. If they did not do a proper background check on the driver that caused the crash, or if their truck was not properly maintained, they could be held accountable.
However, proving the liability of a trucking company often requires a comprehensive investigation of the accident. A seasoned truck accident attorney in the area could investigate the incident for any negligence by the trucker’s employer.
Under direct-action statutes codified in O.C.G.A. § 40-2- 140(d)(4) and O.C.G.A. § 40-1- 112(c), a truck company’s insurance provider can also be held responsible in an injury claim. However, pursuing a claim against the company’s insurer can be complex. Truck accident victims should consult a skilled Cleveland attorney on adding an insurance company as a defendant in a lawsuit.
Truck makers and part manufacturers can also be held liable if a defect plays a role in a collision. This is true whether the mistake is in the design, engineering, or manufacturing process.
In Cleveland, truck repair shops can sometimes be held responsible for an accident. Negligent repair work could include missing a leak, forgetting to replace an oil cap, or failing to properly fix brakes, transmission, and other vital truck parts.
Tractor-trailer accidents frequently involve more than one vehicle. Multiple parties can share liability for a collision, including the injured party. In these cases, figuring out who to sue can be complicated.
Sometimes, the injured party is partly to blame for the truck accident. A partially negligent plaintiff can still recover damages as long as they are not primarily at fault for the accident. However, their final damages award will be reduced according to their degree of fault, as outline in O.C.G.A. Section 51-12-33. If an the injured party is found 50 percent or more to blame, they lose their right to recover damages.
A skilled attorney in Cleveland could fight to prove the truck driver and trucking company’s liability while contesting any allegations of partial negligence by the plaintiff.
An injured party has two years from the date of the truck accident to file their claim, per the statute of limitations set out in O.C.G.A. Section 9-3-33. There are only a few rare exceptions to this deadline.
If one does not file their claim in time, they will lose their right to pursue compensation. At Smith Hulsey, a local attorney experienced in truck accident cases could ensure that a victim’s claim is filed on time.
Monetary payment can never replace a loved one or fix a permanent disability. However, compensation could help a victim and their family pay for necessary medical costs and rehabilitation. Recovering damages in a civil claim is often crucial in moving forward after a serious trucking crash.
For legal help with a claim for compensation, call a Cleveland truck accident lawyer today. At Smith Hulsey, we are here to provide dedicated guidance and advocate for you.
Smith Hulsey Law