Who is Liable in a Truck Accident?
Truck accident lawyer, Amy Witherite, discusses the importance of finding legal help when there is confusion as to who is at fault for a truck crash.
Atlanta, GA – Highways in the U.S. are becoming more and more heavily congested with commercial vehicles, increasing risks of potential disastrous encounters with those in passenger vehicles with whom they share the road. In spite of federal regulations put in place to protect all road travelers from harm, a number of commercial truck drivers fail to follow safety guidelines and put others in potentially dangerous circumstances. Truck accidents are among the most disastrous types of accidents that can occur on the nation’s roads. These often result in catastrophic injury and property damage that prove costly for all parties involved. According to data released by the National Highway Traffic Safety Administration, an estimated 400,000 road accidents occur in the United States annually involving some type of commercial vehicle.
A large percentage of commercial truck accidents in Atlanta are linked to the negligence of truck drivers as well as the companies they work for. Many trucking companies opt to deviate from safety regulations, and cut corners when it comes to vehicle maintenance, or obeying traffic laws designed to keep all drivers safe. According to Federal Motor Carrier Safety Administration guidelines, trucking companies are prohibited from forcing drivers to exceed a certain number of miles or hours without resting during a shift.
In addition, trucking companies must ensure that truckloads being transported are within designated weight requirements among other things according to the federal agency’s rules. However, many companies fail to follow key FMCSA safety guidelines as a result of greed, going so far as to send drivers to make deliveries while they are fatigued or experiencing other issues. A number also fail to maintain vehicles in the safest mechanical conditions possible, leading truckers to believe that this is their sole burden. When an accident occurs related to these types of erroneous behaviors, trucking companies often attempt to shun responsibility by claiming drivers, as independent contractors, are responsible for accidents that occur for any reason.
Because of the tactics used by trucking companies that violate industry safety rules, the circumstances surrounding some crashes leaves room for confusion over who is ultimately responsible to become an influential factor. Trucking companies whose drivers have been involved in a serious crash linked to any type of negligence in many cases see an open window through the complexity of the circumstances to place blame where it doesn’t belong. This is done in an effort to avoid taking responsibility for their bad actions. Many aren’t aware that federal laws and regulations help ensure that trucking companies are held liable for the negligence of their drivers regardless of whether they are an employee or independent contractor.
Proving fault is important in a truck crash case because the determination is what is used to assess the financial recovery owed to those injured. Without a proper assessment, it is challenging for crash victims or their loved ones to receive the financial compensation they may be entitled to in their case. Commercial truck wreck attorney Amy Witherite, explains that it is important that individuals involved in truck crashes be mindful of the effort of truck drivers or trucking companies to allow them to believe they have no liability in related claims, and that you know where to turn for help. She states, “it’s vital that you have an experienced attorney help you establish liability in a commercial truck wreck, because many of these trucking companies are notorious for going to great lengths to avoid accepting fault and fairly compensating injured victims for damages.”
Truck accident victims can turn to 1800-Truck-Wreck and the experienced partners of Witherite Law Group, LLC for help with ensuring that responsibility is placed where it belongs when they have suffered as a result of a truck driver’s wrong doing. This includes financial responsibility for medical expenses, pain and suffering, and other damages incurred by victims.
Individuals with questions about getting legal help for an Atlanta truck accident can call 1-800-Truck-Wreck® to speak with someone directly about their potential claim.