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Who is to blame for a truck accident in Georgia?

Your injuries following a motor vehicle accident in Georgia are already causing you pain; they should not also cause you financial distress. You are permitted to file a claim against the party responsible for the incident. When your accident involves a commercial truck, you may be able to sue one or more entities.

Georgia personal injury claims operate under contributory negligence guidelines, which means that you must be found less than 50 percent responsible for the incident in order to recover damages. There are three parties that could be defendants in your lawsuit, and those are the following: 

  •        The truck driver
  •        The trucking company
  •        The manufacturer of the truck or one of its components

Just as with any other car accident, you could hold the driver of the vehicle responsible for the incident when his or her negligence contributed to the incident. When a driver is intoxicated, distracted or otherwise reckless, he or she may be on the hook for your damages.

Due to vicarious liability, the trucking company may also be listed as a defendant. Employers are considered responsible for the negligent acts of their employees when the act is committed in the course of the employees’ work. However, if the truck driver is a contractor and not a direct employee of the trucking company, you will not be able to sue the company.

Lastly, a defect in either the truck or a component of the truck could have caused the incident. A defective tire or ignition system, for example, can easily lead to an accident. When that is the case, you can hold the manufacturer responsible.

While this information may be useful, it should not be taken as legal advice.

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