- January 23, 2025
- Attorney Matt Stoddard
- Truck Accidents
What is fault in a truck accident, and why is it important? Determining fault is vital when you are attempting to win a financial award for injuries you suffered after a truck hit you. If you do not show that the truck driver was primarily or totally at fault, you may lose your ability to win a financial award.
When proving fault, you don’t have to show that the truck driver purposefully caused the accident or was trying to injure you. Instead, you only have to show that the truck driver behaved in a negligent or reckless manner and took actions that caused the accident. Negligence means that if the truck driver had taken different actions, the accident would not have happened, and you would not have suffered injuries. Your personal injury lawyer in Georgia can help you investigate the accident to find facts that prove negligence that lets you seek a personal injury lawsuit award from the truck driver’s insurance company.
Factors That Determine Fault in a Truck Accident
Law enforcement officers who respond to the crash scene will file a report that may describe whether the truck driver violated traffic laws and is at fault. The most common factors that determine fault in a truck accident relate to the actions of the truck driver. However, a truck crash with injuries could have other at-fault parties and other circumstances that played a role.
- It’s possible that the company that employs the truck driver is at fault, especially if the driver doesn’t have the proper training.
- If the truck has damage that causes it to operate in an unsafe manner, the company that owns the truck could be to blame.
- If the company that manufactured the truck sold the truck with a design flaw, this error could be directly responsible for the accident.
Some truck accidents have one at-fault party. Other truck crashes may have more than one at-fault party that could be part of your injury lawsuit.
Common Scenarios and Who Might Be at Fault After a Truck Crash with Injuries
Some truck crashes occur for obvious reasons, like speeding or distracted driving. However, truck accidents can have multiple causes that are not common in other kinds of crashes.
- Improper licenses: If a company like UPS fails to train truck drivers or doesn’t verify that the driver has the proper licenses, it could lead to an accident that’s the fault of the employer.
- Jackknife: When a jackknife truck accident occurs, the truck driver loses control and could strike multiple vehicles and bystanders before the truck comes to a halt.
- Improper loading: If a transportation company like Swift Transportation fails to load the trailer safely, the cargo could shift violently, causing the driver to lose control and cause the accident.
- Poor maintenance: If a trucking company fails to maintain the truck properly, the failure of the engine or steering system could cause the driver to lose control, leading to an injury accident. In a case like this, the driver may not be at fault in an injury lawsuit. Instead, it might be the maintenance company.
The Role of Insurance Companies After a Truck Accident
The role of insurance companies after a truck accident includes paying your injury settlement. However, receiving a financial award from the insurer is often quite a bit more complicated than simply receiving a check.
Insurance companies know they can increase their profits when they pay accident victims lower amounts for their injuries than should be paid. Consequently, insurers may fight your injury accident claim, hoping to pay you less than you deserve to have. They may try to avoid paying you anything by blaming you fully for the accident.
An insurance company that represents the truck driver or the trucking company has minimal interest in offering you a fair financial settlement. Its primary focus is paying you as little as possible. That’s why your attorney will file an injury lawsuit against the insurance company, notifying the insurer that you and your attorney are going to fight for a fair settlement amount.
You have the right to represent yourself against the insurer. However, having an experienced Georgia personal injury law firm on your side can cause the insurer to take your claim more seriously.
Why You Need a Truck Accident Lawyer After Suffering Injuries
If you’re hit by a company-owned truck, you may be unsure what you should do. Before you do anything, you should seek medical care for your injuries. Regardless of whether you choose to file an injury lawsuit with the help of lawyers, you need to receive a full diagnosis of your injuries so you can start treatment.
Why do you need a truck accident lawyer after suffering injuries in a crash? Hiring an experienced attorney can provide multiple benefits for you, including:
- Investigating the case to determine who is at fault
- Filing a personal injury lawsuit in court
- Starting negotiations with the insurance company
- Making recommendations about whether you should accept a financial award settlement offer without going to court
- Keeping the case moving forward by fighting the insurer’s attempts at delaying the case
- Helping you determine an accurate value to seek in your case.
When you hire truck accident lawyers to represent you, they take over all communications and negotiations with the insurance company. This leaves you with the time you need to focus on your health and recovery.
What Is Fault in a Truck Accident?
Our Truck Accident Injury Lawyers Offer a Free Consultation
Understanding what fault in a truck accident is and why it’s important to your hopes for winning an injury claim is easier when you have a trusted Atlanta truck accident injury lawyer on your side. Your attorney investigates the accident to find facts that show the other driver was at fault and that you deserve the full financial award you are seeking.
At The Stoddard Firm, our team has extensive experience representing victims who suffered injuries after accidents that weren’t their fault. You should not have to suffer financial hardships because of an accident that wasn’t your fault. Our team can help you hold the other driver accountable for any reckless or negligent actions that led to the injury accident. For a free case review, call The Stoddard Firm today at (470) 467-2200.