Commercial truck accidents can be unimaginably devastating. Due to the massive size and weight disparity between a commercial truck and a passenger vehicle, an accident can result in catastrophic and life-threatening injuries for the occupants of the passenger vehicle.
If you have been injured in a truck accident in Duluth, getting strong legal representation as soon as possible is necessary to ensure you receive fair compensation for your injuries and other losses. At Miller Injury Trial Law, we have years of experience in handling commercial truck accident claims and we know how to hold trucking companies responsible for their negligence.
We can investigate your case, gather compelling evidence, take legal action against all the at-fault parties, and negotiate aggressively with the insurance company to recover full and fair compensation. Call us today at 855-44MILLER to schedule a free consultation with one of our top-rated Duluth, GA truck accident lawyers.
Dangerous Highways and Intersections in Duluth, GA for Truck Accidents
Duluth is intersected by three major highways including:
- Interstate 85 (I-85), which is considered the most dangerous interstate in the country for truckers
- State Route 120 (SR 120)
- Buford Highway (SR 13)
Apart from this, Duluth is home to some of the busiest intersections in the region, where the risk of accidents is significantly higher. These include:
- Duluth Highway and Satellite Boulevard
- Steve Reynolds Boulevard and Venture Drive
- Pleasant Hill Road and Satellite Boulevard
Liability of the Trucking Company in a Duluth, GA Truck Accident Claim – What You Need to Know
There are primarily two ways in which a trucking company can be held liable for an accident caused by its driver. These include – direct liability and vicarious liability.
Direct Liability of the Trucking Company
A trucking company can be held directly liable if their negligence leads to or contributes to an accident. Common examples of trucking company negligence include:
- Negligent Hiring: If a trucking company fails to properly screen and vet their drivers before hiring them, they can be held liable for any accident caused by their drivers. For example, hiring a driver with a history of traffic violations or substance use could constitute negligent hiring.
- Inadequate Training: Trucking companies have a responsibility to make sure that their drivers are properly trained on safe driving practices and federal regulatory requirements. If a company fails to adequately train its drivers, it can be held liable for accidents resulting from insufficient training.
- Negligent Maintenance: Trucking companies are responsible for maintaining their vehicles in a safe and roadworthy condition. If a company fails to properly inspect, repair, and maintain trucks, it can be held liable for accidents caused by mechanical failures and other issues stemming from lack of maintenance.
- Violation of Hours of Service Regulations: Trucking companies are required to comply with federal hours of service regulations. If a company pressures drivers to exceed hours of service limits or falsify logbooks to meet deadlines, they can be held liable for accidents caused by driver fatigue.
- Negligent Supervision: Trucking companies are expected to supervise their drivers and enforce safety protocols. If a company fails to monitor and address violations of safety regulations or risky behavior by their drivers, they can be held liable for negligent supervision.
Vicarious Liability of the Trucking Company
A trucking company can also be held vicariously liable for the actions of their drivers under the legal principle of respondeat superior. Even if the company is not negligent in any way, they can still be held responsible for an accident caused by their driver – if the driver in question was on duty and was acting within the scope of their employment when the accident occurred.
How Our Duluth, GA Truck Accident Lawyers Can Use Black Box Data to Build a Strong Claim
Black box data, also known as electronic control module (ECM) data or event data recorder (EDR) data, is an extremely important piece of evidence that we can use to build a strong claim for you.
Black box data contains electronic records of the truck’s performance and the driver’s actions leading up to the accident. This includes vehicle speed, braking activity, engine RPM, throttle position, and other critical parameters.
We can hire accident reconstruction experts, who can analyze the black box data to reconstruct the sequence of events leading to the accident. We can use the data and the accident reconstruction report to establish the liability of the at-fault driver and the trucking company.
Black box data is time-sensitive and can be overwritten or erased if not preserved promptly. The sooner you contact our law firm, the sooner we can send a preservation letter to the trucking company to preserve the black box data. This is one of the most important reasons why you should get legal representation as soon as you can after a truck accident.
Our Duluth, GA Truck Accident Lawyers will Negotiate the Largest Possible Settlement for You
At Miller Injury Trial Law, we have a reputation for litigating complex auto accident cases, including commercial truck accident claims. Our litigation experience and our formidable track record of success in the courtroom precede us. It’s one of the many reasons why insurance companies take us seriously.
Our litigation experience and our trial readiness becomes our leverage during settlement negotiations with the at-fault party’s insurance company in order to get them to pay what you deserve. When the insurance company knows that we are determined to take the case to trial if necessary, they are more likely to agree to a fair settlement rather than face the jury.
If the insurance company is unreasonably adamant and refuses to pay what you are owed, we will invest all possible resources (including hiring top accident reconstructionists and trucking industry experts) and fight aggressively during the trial to recover the damages you are owed. Thanks to our extensive courtroom experience, we can anticipate the strategies that the trucking company’s legal team is likely to employ and develop effective counterarguments to challenge their position and establish their liability.
Types of Evidence Our Duluth, GA Truck Accident Lawyers Can Use to Establish Liability in Your Truck Accident Claim
- Police Reports: Police reports contain valuable information about the accident including statements from involved parties, eyewitness accounts, citations issued, and preliminary assessments of fault, which can be useful in determining liability.
- Eyewitness Testimony: Testimony from witnesses who observed the accident can provide critical insights into how the accident occurred and who might be at fault.
- Accident Reconstruction: Accident reconstruction experts use physical evidence, skid marks, vehicle damage, and other data to recreate the accident and determine factors such as vehicle speeds, points of impact, and potential causes of the collision.
- Black Box Data: Commercial trucks are equipped with electronic control modules (ECMs) or event data recorders (EDRs) that capture data such as vehicle speed, braking activity, throttle position, and engine RPMs. This data can provide crucial evidence of the truck’s movements and the driver’s actions leading up to the accident.
- Driver Logs and Records: Truck drivers are required to maintain logs of their driving hours, rest breaks, and other activities to ensure compliance with federal hours-of-service regulations. These logs can show if the driver violated hours of service regulations in any way and can be used to establish the negligence of the driver and the trucking company.
- Vehicle Maintenance Records: Maintenance records can reveal whether the truck was properly maintained and inspected according to federal and state regulations. If the accident was caused as a result of poor maintenance, these records can be used to establish the liability of the maintenance contractor or the trucking company.
- Cell Phone Records: If we believe that distracted driving was a contributing factor to the accident, we can obtain the truck driver’s cell phone records to determine if the driver was using a mobile device at the time of the collision and establish their liability.
- Surveillance Footage: Video footage from nearby surveillance cameras or dashcams can provide visual evidence of the events leading up to the collision.
- Expert Testimony: Expert witnesses like accident reconstruction experts, medical professionals, and trucking industry specialists can provide professional opinions and analysis to support liability determinations and quantify damages.
Talk to Our Duluth, GA Truck Accident Attorneys Today
Truck accidents can result in disabling and life-changing injuries that might require extensive treatment and long-term care. When your future and well-being are at stake, you need a strong and resourceful personal injury lawyer to fight for you.
At Miller Injury Trial Law, we have a team of highly skilled Duluth truck accident lawyers who have extensive experience in handling commercial truck accident claims. We are well aware of the tactics that trucking companies use to deny liability in these cases and we know how to hold them accountable.
We have a proven record of winning large settlements and verdicts, and we are not afraid to take on trucking companies and their insurers. We can get you full and fair compensation for all the tangible and intangible losses you have suffered as a result of the accident.
Call us today at 855-44MILLER or get in touch with us online to schedule a free case evaluation by one of our seasoned Union City, GA truck accident lawyers.
