If you have been involved in an accident with an 18-wheeler in Alabama, or across the border in Georgia, you are likely facing a long recovery. However, truck crashes can be more complex than a conventional car crash because the person behind the wheel is rarely the only one responsible for the safety of that vehicle.
In a commercial truck accident, liability (also known as legal responsibility) usually extends to multiple parties. Identifying every responsible entity is the only way to ensure you receive the full compensation needed for your medical bills and lost wages.
Potential liable parties
The truck driver
The driver is the most obvious party. Liability may fall on them if they were speeding, driving while fatigued (violating Hours of Service rules), or operating under the influence. In Alabama and Georgia, a driver’s negligence is the primary starting point for most claims.
The trucking company
Under the legal doctrine of respondeat superior, trucking companies are generally responsible for the actions of their drivers. However, the company can also be directly liable for:
- Negligent hiring: Hiring a driver with a history of safety violations.
- Lack of training: Failing to ensure the driver knows how to handle a heavy load.
- Pressure to perform: Forcing drivers to exceed legal driving hours to meet deadlines.
Also, the cargo loaders and shippers can be held liable if a trailer is overloaded or the weight is not distributed correctly. This oversight can cause the truck to become unstable, leading to a rollover.
Alabama vs. Georgia: two different sets of rules
If your accident occurred near the state border, it is vital to understand that compensation laws change dramatically when crossing from one state to another. The success of your case will depend on how shared “fault” is handled.
For instance, Alabama has one of the strictest states in the country. This means that if it is determined that you were even 1% at fault in the accident (for example, for slightly exceeding the speed limit or having a burned-out light), you lose all rights to compensation.
Meanwhile, Georgia is much more flexible. Under state law, you can recover damages as long as your liability is less than 50%. And with recent healthcare reforms in Georgia, seat belt use can now be used as evidence to adjust these fault percentages, something that was previously prohibited.
Whether your accident happened on a busy highway in Montgomery or a rural road in Georgia, the “black box” data and company records must be secured immediately. This is crucial as trucking companies have teams of investigators arrive on the scene within hours. If you are still unsure about what to do, a law firm can help you with your case and to create a strategy that suits your particular situation.