Blog Layout

Do at-Fault Laws Include Commercial Truck Accidents?

Apr 10, 2023
at-fault laws and commercial trucks

Yes, at-fault laws generally apply to commercial truck accidents, as they do to other types of motor vehicle accidents. In most cases, commercial truck accidents are subject to the same legal principles and procedures as other types of motor vehicle accidents, with some regulations being specific to commercial trucks.


When a commercial truck is involved in an accident, the at-fault party is typically determined based on the same legal principles as other types of motor vehicle accidents, including negligence, recklessness or intentional wrongdoing. The at-fault party may be the driver of the truck, the trucking company or another party whose actions contributed to the accident.


If you have been injured in a commercial truck accident, it’s important to consult with an experienced personal injury lawyer who can help you understand your rights and pursue compensation for your injuries and damages.


How Is Fault in an Accident Determined in Georgia?


In Georgia, the at-fault party is the one responsible for the accident. Unfortunately, it’s not always clear who was at fault, or more than one person may share fault for what happened. This is why Georgia utilizes the modified comparative negligence doctrine.


Under modified comparative negligence, the amount of damages a person can recover in a personal injury case is reduced by their percentage of fault.


For example, if a person is found to be 20 percent at fault for an accident that left them with $100,000 in damages, they would only be able to recover $80,000. However, if a person is found to be primarily at fault (more than 50 percent), they won’t be able to recover any damages at all.


In other words, if you’re less than 50 percent responsible for causing an accident (even if it involved a commercial truck), you’re entitled to compensation for your damages. In circumstances, where the truck driver is solely responsible for the accident and the subsequent injuries they caused, you may be able to recover the full amount of damages from the truck driver's insurance company through a personal injury claim or lawsuit.


Who Can Be Responsible for a Truck Accident in Duluth, GA?


Truck drivers aren’t the only people who could be responsible for causing an accident. There are many entities involved in the operation of a commercial truck, including trucking company, maintenance crews, and cargo loaders. Any of them could be held liable for a truck accident if their actions contributed to what happened.


  • Truck driver: If the truck driver was negligent or reckless, they can be held responsible for the accident. Examples of truck driver negligence can include driving under the influence, speeding, distracted driving and fatigued driving.


  • Trucking company: The trucking company can also be held responsible for a truck accident if they were negligent in their hiring, training or supervision of the truck driver. For example, if the trucking company failed to conduct proper background checks on the driver or failed to ensure the driver was properly trained, they can be held liable for any accidents caused by the driver.


  • Truck manufacturer: If the accident was caused by a defect in the truck or one of its components, the truck manufacturer can be held responsible for the accident. For example, if the brakes on the truck failed due to a defect, the manufacturer can be held liable.


  • Cargo loaders: If the accident was caused by an unsecured or improperly loaded cargo, the cargo loaders and their employer can be held responsible for the accident.


Determining liability in a truck accident can be complex, and it's important to work with an experienced personal injury attorney who can help investigate the accident, identify all responsible parties and hold them accountable for their actions.


What Evidence Can My Attorney Use to Establish Fault in a Commercial Truck Accident?


  • Police report: The police report can provide important details about the accident, including the cause of the accident and any violations of traffic laws.


  • Witness statements: Eyewitnesses can provide valuable testimony about what they saw leading up to and during the accident.


  • Black box data: Commercial trucks are equipped with electronic data recorders that can provide important information about the truck's speed, braking and other factors leading up to the accident.


  • Maintenance records: Maintenance records can show whether the truck was properly maintained and if any mechanical issues may have contributed to the accident.


  • Truck driver logs: Truck driver logs can show whether the driver was following federal hours of service regulations, which limit the number of hours a driver can be on the road.


  • Surveillance footage: If the accident occurred near a business or public area, surveillance footage may have captured the accident on camera.


Contact a Duluth Truck Accident Attorney Today


If you or a loved one has been involved in a truck accident in Duluth, it's important to act quickly to protect your legal rights and seek the compensation you deserve.

 

At Zdrilich Injury Law, we can help you navigate the complex legal process and fight for the compensation you need to cover medical expenses, lost wages and other damages. Personal injury attorney Joseph Zdrilich can help you hold the responsible parties accountable.



To discuss your truck accident case for free, call us at (770) 931-9604.


Recent Posts

By Joseph Zdrilich 24 Apr, 2024
Dealing with the aftermath of a DUI accident can be as traumatic as the incident itself, but it doesn’t need to be. Zdrilich Injury Law provides staunch advocacy for DUI accident victims, helping them understand their rights as a DUI collision survivor, which leads to restorative compensation.  Read on as we share our extensive expertise in Georgia DUI law and how to move forward. Legal Recourse for DUI Accident Injuries If you’re struggling with medical costs, lost wages, and property damage as a DUI victim, know that you have choices. Seeking justice after being hit by a drunk driver requires exploring the legal avenues available to you. DUI accident victim compensation is offered by The Georgia Victims Compensation Program , and taking the guilty party to court is also an option. Some immediate steps to take after a DUI accident include seeking immediate medical treatment, documenting everything, and finding legal aid for DUI injury claims. Why Do Drunk Driving Accidents Lead to More Serious Injuries? Drunk drivers typically have higher-risk behaviors, slower reaction times, reduced coordination, and lack of focus. This reckless behavior sadly leads to higher-impact crashes and more severe injuries for its victims. There can be long-term physical and emotional distress, even after a DUI accident with minor injuries. Is Drunk Driving Considered a Criminal or Civil Case in Georgia? Drunk driving is indeed a criminal offense in Georgia, but this does not remove your option for a civil case. Punishment includes criminal penalties for offenders, while civil suits are about securing compensation. What Kind of Compensation Can I Receive? Compensation should cover medical bills, lost work, and even punitive damages, which are especially meaningful if multiple at-fault drivers were involved in the accident. If the offender was uninsured at the time of the accident or benefitted from sovereign immunity, you need a legal expert to navigate your options successfully. How Long Do I Have to File a Lawsuit? Suing for compensation as a DUI accident victim should happen as quickly as possible, as there are stringent rules regarding deadlines. Prompt legal consultation is recommended to get the ball rolling within the two-year statute of limitations. Georgia DUI Accident Claims FAQ Q. What is the most common age for drunk driving accidents? A. According to the CDC , 52% of alcohol-related crashes leading to fatalities were caused by drivers aged 21-34 in 2020. Q. What is the punishment for drunk driving in Georgia? A. First-time offenders can face fines, jail time, community service requirements, and a suspended license. Repeated offenses often result in longer jail sentences, hefty fines, and mandatory rehabilitation programs. Q. Can you sue a bar that serves a drunk driver in Georgia? A. Under certain conditions, this is allowed. For example, if the drunk driver was clearly intoxicated when served. This is known as the dram shop liability claim. Conclusion Asserting your legal rights after a DUI accident requires timely action on your part. Meet with an experienced injury attorney to learn your rights and options to seek the compensation you deserve. Get Help from the Legal Experts at Zdrilich Injury Law If you’ve had your life turned upside down after a DUI crash through no fault of your own, we’re here for you. With decades of expertise, the team at Zdrilich Injury Law can explain your financial recovery options as a DUI accident victim. Because every case is unique, we listen, plan, and fight for your rights as a victim. We design tailor-made strategies to win maximum compensation on your behalf. We demystify the process and keep you informed every step of the way so you can concentrate on recovery. With us by your side, a brighter future is within reach. Contact Us Don’t let uncertainty keep you from exercising your legal rights. Contact our compassionate team today for more information or to schedule a private consultation.
By Joseph Zdrilich 15 Mar, 2024
When life hands you a tragic, life-changing injury, it fractures both the body and spirit. Unfortunately, the harm doesn’t end there. Catastrophic injuries shatter your financial viability and any prospects of it ever improving. It’s difficult to know where to turn or what options are available to you and your family.  Zdrilich Injury Law stands at the forefront of the injury compensation battle to provide expert legal guidance. Our years of dedication and compassion for catastrophic injury victims have given us the expertise to secure the restitution you deserve. Read on as we provide more details about the catastrophic injury claim process. Georgia Catastrophic Injuries in the Workplace Workers in Georgia face risks every time they clock in. Despite the state’s stringent safety regulations, catastrophic injuries happen, leaving victims facing a frightening future. The good news is that Georgia law provides victims a protective shield and access to financial, medical, and emotional distress benefits. What Is a Catastrophic Injury? More than a broken limb or temporary physical impairment, catastrophic injuries are life-altering. Examples of these are spinal cord damage, paralysis, severe burns, amputations, brain trauma, and other miscellaneous severe injuries. Catastrophic injuries are defined by their permanence and demand for life-long treatment. What Benefits Are Available for Catastrophic Workplace Injuries? Legal recourse for victims of catastrophic injuries aims to give them back some sense of normalcy. Compensation might include indemnity for lost wages, medical bill coverage, surgeries, psychological counseling, and nursing support for permanent partial disability. Catastrophic Injury FAQ Q. Are catastrophic work compensation benefits permanent? A. According to the State Board of Worker’s Compensation , they can be, which ensures long-term financial support. Q. Who pays for catastrophic injury care? A. Typically, it's companies' insurance providers. Q. What is the maximum payout for a catastrophic injury lawsuit in Georgia? A. It varies from case to case but aims to address your financial upheaval both now and in the future. Q. Is proving negligence challenging? A. Yes, it can be, but it's pivotal for emotional distress compensation and other restitution. Your personal injury attorney can guide you through the process in detail. Conclusion Catastrophic injuries cause more than just physical pain; they also bring financial strain and uncertainty about the future. It's crucial to find an experienced catastrophic injury lawyer to learn about your legal rights and options for compensation under Georgia law. Life After a Catastrophic Injury – Getting the Compensation You Deserve Maximizing compensation for catastrophic injuries is all-important, and you only get one chance to plead your case. Remember, it’s not just about today’s medical bills; it's about securing your financial future. The team at Zdrilich Injury Law has years of experience giving expert legal advice for catastrophic injury compensation. We stand in the gap and fight for your rights, navigating the complex legal landscape so you can focus on recovery. Securing your future after an unexpected tragedy is paramount; it’s also your right. With a Zdrilich ally by your side throughout the process, you’ll find the compassion and support you need for restoration. Contact Us Let us fight for the maximum compensation your case warrants. Contact Zdrilich Injury Law today and turn the tide back in your favor.
By Joseph Zdrilich 22 Feb, 2024
In 2020, Atlanta experienced over 21,000 auto accidents . A good portion of those were hit and run accidents. Leaving the scene of an accident is highly illegal and leaves frustrated victims wondering what to do next. Facing a hit and run incident is traumatic and infuriating, but in Georgia, you're not left without options. Zdrilich Injury Law has years of experience and in-depth knowledge of the state's legal system and can advise you regarding your rights as a victim. Read on as our expert team shows you how to reclaim control after a hit and run incident. Hit and Run Accidents: What Does Georgia State Law Require? Georgia law leaves no room for misinterpretation. If a hit and run accident occurs, all drivers must stop, help any injured parties, exchange information, and notify the police. Not doing so immediately puts you on the wrong side of the law. As for the victims, don’t despair. You have rights that cannot be denied under the law. Penalties for a Hit and Run in Georgia If you flee the scene of an accident in Georgia, you’re not just facing the possibility of hefty fines but also jail time. These are the legal deterrents to protect victims and punish those who act so selfishly. Georgia Hit and Run Options for Financial Recovery There are several ways victims can seek compensation and restitution. Insurance claims are the most common avenue. But when an insurer fails to provide fair restoration, hit and run assistance programs step in. In situations where compensation falls short in a meaningful way, victims can file a lawsuit. The victim will most likely win if compelling proof of guilt, injuries, and damages is provided. Immediate Actions to Take After a Hit and Run The first moments after a hit and run are crucial. Stay at the accident scene and document everything you see around you and every detail about the fleeing vehicle. Call the police immediately and get medical attention for any injuries, keeping a detailed record of everything you do. Finally, call an injury attorney with vast hit and run accident claims experience. With legal guidance and help, you can concentrate on recovery. Diligently pursuing your rights after a hit and run is key to getting the compensation you deserve. Summary Leaving the scene of an accident without fulfilling your obligations under Georgia law can have serious legal repercussions. Legal protections and rights for hit and run victims come into play when the perpetrator fails in these duties. Get Justice After a Hit and Run – Contact Zdrilich Injury Law Living through the aftermath of a hit and run can leave you distressed and angry. You need expert support and guidance to survive the chaos. That’s where the compassionate legal team at Zdrilich Injury Law can be a godsend. We firmly stand for victim’s rights and will dedicate ourselves to justice on your behalf. Every case is our most important case, including yours. Contact Us Don’t let the confusion and uncertainty of a hit and run stop you from getting the restitution you need. Contact our team today for more information or to schedule a private assessment of your case. With our help, you’ll be a victor, not a victim.
By Joseph Zdrilich 12 Jan, 2024
According to the Georgia Governor’s Office of Highway Safety , 47% of all car crashes in 2020 were caused by distracted drivers. We’ve all seen drivers multitasking while driving, and with these statistics, it’s correct to be wary. Distracted driving accidents are very real, and their victims’ injuries are just as painful as other driving accidents. Seeking rightful compensation after a distracted driving accident can be a complex process. The expert legal team at Zdrilich shares our vast expertise here to help you navigate how to get restitution and restore your quality of life. What Are Considered Distracted Driving Behaviors? Any activity that diverts your attention from driving is categorized as distracted driving. Typical examples are mobile phone use while driving, eating and driving accidents, GPS distraction, and drowsy driving. Distractions from passengers can also be considered distracted driving. How Many Accidents Are Caused by Distracted Driving? The National Highway Safety Administration reports that nine percent of all roadway fatalities are caused by some form of distraction, and in Georgia, distracted drivers cause thousands of accidents annually. Types of Injuries in Distracted Driving Accidents Injuries from distracted driving accidents can be common injuries like spinal cord damage, whiplash, broken bones, brain injuries, and even paralysis. Victims typically also seek compensation for emotional distress due to the trauma of these incidents. What Are Georgia's Distracted Driving Laws? Mobile phone use is the primary focus of Georgia law regarding distracted driving. Under Georgia’s Hands-Free Law, drivers are prohibited from holding a wireless device with any part of their body while driving. Recording video and texting while behind the wheel are also forbidden. Distracted Driving FAQ Q: How do I file a distracted driving injury claim? A: Contact an experienced attorney who works on distracted driving cases. They'll walk you through gathering evidence and filing paperwork for your claim. Q: How do I prove negligence in a distracted driving case? A: Proving negligence requires meticulously gathering evidence that the other driver was distracted. This could be photographs, witness statements, or even cell phone records. Q: What is comparative fault in distracted driving lawsuits? A: Comparative fault means that if both parties involved in an accident share some degree of responsibility, any compensation awarded will be balanced to reflect each party's share of the blame. Conclusion The legal landscape in Georgia regarding distracted driving cases can be difficult to understand. It’s highly recommended to consult with a law firm experienced in distracted driving injury law. Call Zdrilich Injury Law – Your Atlanta Distracted Driving Accident Injury Attorney In the wake of a distracted driving accident, you may be unsure where to turn. That's where Zdrilich Injury Law steps in, with experience and expertise, to help you file a successful personal injury claim. As a trusted leader in Georgia distracted driving accidents, our legal team has the compassion and dedication to fight for your rights and win the compensation you deserve. Your physical and emotional recovery should be your top priority. We also make it ours by doing the heavy lifting of your case while you focus on recovery. Our personalized attention gives you the peace of mind you need to do just that. Contact Us Our helpful team is waiting to assist you with more information or a private consultation to discuss your case. Contact us today , and let’s begin the financial and emotional restoration process.
By Joseph Zdrilich 01 Dec, 2023
Every driver fears being involved in a car accident. But more injuries occur annually in multi-car accidents. The National Library of Medicine cites a study that found that 42% of injuries involving more than one vehicle happened because the car was impacted more than once . When you’re involved in this situation, it can be confusing. Who is at fault? As experts in accident fault determination, Zdrilich Injury Law provides clarity on the complex topic of multi-vehicle accident fault so you can better understand your legal rights and options. What Causes Multi-Car Accidents? So many factors contribute to a car accident involving several vehicles. Poor weather conditions, driver distraction, heavy traffic, or mechanical failure are frequent causes. But no matter the cause, determining who is at fault in a chain reaction is complicated. Multi-Vehicle Car Accident - What Happens Afterward? Once a multi-car pile-up has occurred, assessing and documenting the damage and collecting information from potential witnesses is vital. State laws on fault in multi-vehicle accidents determine whose insurance coverage pays for damages or medical bills. How Fault Is Determined in a Multi-Car Accident in Georgia In our state, a fault-determination guide is used by insurers and attorneys. Assigning liability follows a comprehensive evaluation of each driver’s actions just before the accident, considering Georgia laws and regulations. Importance of Evidence in a Multi-Vehicle Accident Hard evidence is crucial in proving liability. Traffic cameras, dashcam footage, and witness testimonies provide valuable information in multi-car crash investigations. A multi-car crash scene analysis by authorities and insurers may also affect the outcome. Multi-Vehicle Accident Fault FAQ Q: How does the role of traffic cameras affect fault? A : Traffic cameras provide an honest, impartial view of the incident. They give investigators a minute-by-minute playback of the accident. This information can corroborate witness statements or rebut false testimony. Q: What are my legal rights after a chain reaction car accident? A : An attorney knowledgeable about state laws regarding fault can help ensure that you receive appropriate compensation for property damage, medical bills, and pain after an accident. Q: How important is dashcam footage in multi-car crash investigations? A : Dashcam footage can be crucial in confirming or refuting fault claims. It can also be used to quickly resolve disputes and accurately assign liability. Conclusion Understanding the complexities of multi-vehicle fault requires a solid grasp of state laws, evidence, and legal rights. Seeking expert advice from an attorney specializing in this area is essential to get proper compensation and coverage for damages. Still Have Questions? We Can Help The chaotic aftermath of a multi-vehicle accident can overwhelm you with stress, in addition to any physical injuries you’re coping with. That’s where Zdrilich Injury Law becomes your indispensable partner. With our support and expertise, we’ll gather the evidence to secure restitution for you and your family. As specialists in personal injury cases involving auto accidents, we know how to break down the blame game. We navigate the intricacies of these situations and piece together the puzzle to uncover who's truly at fault. With our tenacious team at your side, you can concentrate on wellness while we secure your future. Contact Us If you’re struggling with the aftermath of a multi-vehicle accident, there’s no need to do it alone. Contact our compassionate team today for more information or to schedule a private consultation.

GET A FREE CONSULTATION TODAY

INJURED? TAKE YOUR LIFE BACK!

Zdrilich Injury Law is committed to helping injured Georgians receive the money they need to recover physically and financially after an accident.

CONTACT US TODAY
Share by: