Commercial trucks play an important role in moving cargo around the city, state, and country. However, few people like to encounter them on the road. They’re big, heavy, and much more likely to cause catastrophic damage if they become involved in an accident. Trucks can weigh as much as 20 times more than the typical family car so it’s no wonder that many road users get a bit jittery when they come close to a truck. When trucks collide with smaller vehicles, the victims often suffer life-changing injuries.
They are left with exorbitant medical bills and a long recovery period. If you were involved in a crash caused by a careless truck driver, you’ll no doubt be eager to get compensation. Unfortunately, filing a claim with the driver’s insurance company on your own may not result in the desired outcome.
To get compensation, you’ll need to prove that the truck driver breached their duty to you. In some cases, this may be simple. However, establishing liability can be complex, and sometimes, even matters that seem straightforward to turn out to be complicated. If you want full and fair compensation for your injuries and other losses, you’ll need to hire an Albany truck accident attorney. They will help you to prove that the other driver acted carelessly and that their actions led to your injuries.
Driver Actions That Can Lead to a Crash
Truck drivers, like other motorists, can do things that put other road users in danger. For example, they may:
- Drive while under the influence of drugs or alcohol
- Drive too fast
- Ignore traffic signals
- Driving while texting or otherwise using an electronic device
However, there are some things that are unique to commercial drivers such as driving for longer than is allowed under federal law. Regardless of what you’re accusing the truck driver of, you need to present proof that they did what you’re claiming.
It may seem obvious to you that the truck driver caused the accident, but their employer and insurer will not simply give in and pay you. Rather, they are likely to shift the blame onto you or say a third party was responsible. Since Georgia follows a modified comparative negligence system, you’ll only be able to get compensation if you were less than 50 percent at fault for the crash. Therefore, the truck driver’s insurer may try to say you played the leading role in the accident.
Determining Fault in an Albany Truck Accident Case
In most vehicular accidents, the driver is likely to be at fault. However, truck accidents can be more complex. Sometimes, the driver’s employer or the person who loaded the truck can be held responsible. Even the person or entity responsible for fixing or maintaining the vehicle may have contributed to the crash. In some cases, your attorney may advise you to pursue damages from multiple parties.
Before filing any claims for compensation, your truck accident lawyer will investigate your crash thoroughly. They won’t just assume the driver was responsible. They’ll seek evidence of how and why the accident happened. As with any accident, photos, eyewitness testimony, and the police report will serve as important pieces of evidence. However, there may be additional evidence available in accidents involving commercial trucks.
For example, truck drivers are required to keep detailed records of the hours they spend driving and resting. They also need to log any problems they notice with the vehicles. These logs can provide lots of useful information. Sometimes these records are falsified and that alone can help to indicate that something is amiss.
Trucks often have cameras that record what the driver does. Therefore, if the driver who hit you was texting and driving or otherwise distracted, you may be able to prove it. This footage may get destroyed quickly so your attorney will need to move with urgency to get access to it.
Another piece of evidence may be the results of drug and alcohol tests conducted on the driver. Truckers who are in accidents that result in death or injuries have to get tested. A driver who was under the influence of drugs or alcohol can be deemed negligent.
Contact Calvin Smith Law to Get Help with Your Case
It’s important to understand how your truck accident occured so you can identify the correct defendant. Truck crashes often cause serious injuries and costly property damage, so you need to ensure you follow the correct steps. Your Albany truck accident lawyer will play a major role in protecting your rights and ensuring you get the compensation you deserve. Contact our team today to schedule a free consultation and get an expert opinion on your case.