Vicarious Liability & Trucking Accidents


April 08, 2013

Sometimes it can be difficult to ascertain who is responsible for causing your Georgia trucking accident, whether it be the truck driver alone or his company. To illustrate, while some truck drivers work for themselves, others are directly employed by trucking companies, which can lead to confusion as to who should be held responsible for accidents that arise while truck drivers are on the clock. Moreover, sometimes the same company owns the truck that employs the driver, while others simply rent out the truck and hire independent drivers to haul their freight. Whatever the situation presents, it is crucial to speak with a Georgia trucking attorney who has the experience to ascertain the correct parties, so that the legal and notice time deadlines are fully complied with to avoid jeopardizing your rights, and so that all available insurance and responsbile parties are identified.

Under certain circumstances, a trucking company can be held what is known as “vicariously liable” for the accidents caused by the negligence of its drivers. For example, a company that hires a truck driver with a record including repeat DUI offenses can be held responsible for a driver that decides to take a pit stop at a bar and then get back behind the wheel. Given that a simple background review could have yielded such information, an employer can be found liable for the negligence of its employee in this situation.

Other ways that a trucking company can be found at fault for accidents caused by its employees is due to the improper loading, overloading or the unreasonable schedules that truckers are required to follow. Trucking companies can make significant profits by having their employees push themselves to drive faster, further and also, to overload their trucks. This type of behavior by an employer can create serious risks to other drivers on the road, and ultimately lead to their liability.

Additionally, a trucking company’s failure to properly train its drivers can also give rise to a showing of employer negligence. Trucking companies are held primarily responsible for ensuring that their drivers receive appropriate training and safety instruction. If it is shown that an accident could have been prevented had proper training of its truck drivers occurred, the trucking company that failed to provide same can be required to compensate victims for all resulting damage caused by its employee.

If you have been injured in a trucking accident in Georgia, it is crucial to know the full scope of your legal options. The experienced Atlanta trucking accident lawyers of Montlick and Associates, Attorneys at Law, tenaciously represent trucking accident victims located throughout the state of Georgia and all over the Southeast. We investigate cases to the fullest extent and develop the best strategies possible to maximize your chances of recovering. Our firm covers all smaller cities in Georgia and the rural parts of the state as well. Regardless of where you are located, our lawyers are just a phone call away, and we will even visit you if you cannot come to us. To schedule a free, confidential case evaluation, you can call us 24 hours a day/7 days a week at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Truck Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.