How is Fault Determined in a Truck Accident?
Insurance companies typically try to take the lead in determining who is at fault for truck crashes because of the stake they hold in the outcome. There are a number of causes of commercial vehicle crashes that can be assessed in determining fault. Therefore it is imperative that a thorough investigation is carried out so the trucking companies’ or drivers’responsibility is not understated. Among the most common types of commercial carrier or truck driver negligencefollowing a truck crash include:
- Hiring incompetent drivers who engage in reckless driving or disobey traffic laws;
- Failing to routinely maintain vehicles or make needed repairs;
- Forcing truck drivers to violate regulations and drive for extended periods of time, or drive long distances while fatigued; and/or
- Truck drivers making the reckless decision to drive while under the influence of drugs or alcohol.
Insurance companies work for their own best interests,as a result, it is vital that anyone injured in a truck crash that results from these or other causes have the right advocate on their side. Determining fault in Atlanta truck accident cases is important because the money paid to claimants depends on the fault of the trucking company. Amy Witherite of Witherite Law Group states, “If an insurance company fails to accurately assess liability, then a lawsuit may be warranted to protect the interests of injured accident victims.”In many cases, these lawsuits result in a different conclusionthan the decisionreached by insurance providers, even when the same evidence is available. In comparison, insurance companies typically make their determination based on their own investigation, separate from what has been confirmed by trucking experts. This leaves room open for adjusters to decide who was negligent based on subjective factors. She further adds, “In a lawsuit, fault is assessed by an impartial jury, and is based on evidence such as police reports, witness testimony, accident reconstructions, vehicle damage assessments, and expert opinions.”
Truck accident attorneys have the knowledge, skills, and expertise required to provide legal protections for individuals who have been injured in a commercial truck accident for which they were not at fault. Georgia law provides protections for individuals in these cases, in the event that they have incurred a range of damages as a result. Compensation considerations includepain and suffering, medical costs, vehicle damage, and income loss.
The truck accident attorneys of the Witherite Law Group are available to help individuals who have been injured in a truck crash understand their options for taking legal action against carrier companies whose negligence played a role in their accident. Individuals who have questions about getting legal help for an Atlanta truck accident can call 1-800-Truck-Wreck® to speak with someone about their claim directly today.