When a truck driver or trucking company is negligent, the consequences can be devastating. If you or a loved one was injured in a truck accident caused by another’s negligence, you have rights.
With the help of a committed and experienced Forsyth County truck accident lawyer, you could pursue compensation for your injuries. A detail-oriented injury lawyer could review your case and help you explore an appropriate path forward to your recovery.
Truck Accidents Caused by Negligence
Negligence is one of the most prevalent causes of truck accidents. When a truck accident victim in Forsyth County brings a claim for compensation under a theory of negligence, they are required to show all four of the following elements:
- Causation; and
Duty, the first element, requires a person to show that the defendant owed them a duty, or legal obligation, to act with reasonable care under the circumstances. For example, a truck driver has a duty to all other vehicles on the road operate their truck as a reasonably prudent truck driver would under the circumstances. The plaintiff also has to show that the defendant failed to exercise their duty of care, or that they breached their duty of care.
Further, a defendant’s breach must have caused actual harm to the plaintiff. If a defendant was negligent by breaching their duty of care, but their conduct did not cause the plaintiff their injuries, there would not be any damages to claim. A Forsyth County truck accident attorney can further explain what needs to be proved to show liability.
The Issue of Vicarious Liability in Forsyth County
The vicarious liability doctrine allows plaintiffs injured in truck crashes in Forsyth County to sue a defendant’s employer as well as the defendant even if the employer was not aware of the conduct. Plaintiffs might sue an employer for their employee’s negligent conduct if the employee’s actions took place during the course and scope of their employment.
Further, employers can also be held liable if their negligence directly contributed to the accident. For example, Georgia Code §40-1-8 requires that the trucks be maintained in a safe conditions. Therefore, employers may be liable if an unsafe condition, such as faulty brakes they failed to fix, caused the accident.
If a trucking company overloads trucks or encourages unsafe practices, they can also be held liable. For example, companies that encourage drivers to meet unrealistic deadlines that encourages them to skip breaks, can be held liable for any collisions over-fatigued drivers cause. An attorney can examine the causes of a truck accident to determine whether an employer can be held liable.
How a Forsyth County Truck Accident Attorney Could Help
The support of a Forsyth County truck accident lawyer could make your path to compensation less stressful. Large insurance carriers and trucking companies might have formidable law firms with years of experience defending them. With the help and knowledge of an experienced attorney by your side, you could improve your chances of success moving forward. Call now for a free consultation to get started on your case.