If operated improperly, commercial trucks can pose as a dangerous threat to all other vehicles on the road. Collisions with a commercial truck can cause catastrophic injuries, major property damage, and sometimes fatalities.
If you or a loved one sustained injuries in a truck accident, you should seek guidance from a local personal injury attorney. A Stone Mountain truck accident lawyer could review your case and help you move forward with your recovery.
Federal Motor Carrier Safety Administration (FMCSA) regulates interstate commercial trucking companies and their drivers. According to their policies, all truckers must obtain a commercial driver’s license (CDL) to operate a vehicle used for commerce. Under FMCSA requirements, those applying for a CDL must pass a test to demonstrate a higher level of ability to operate a truck properly than a non-commercial driver. Serious traffic violations made by a commercial driver could affect their ability to maintain their CDL.
In addition to federal regulations, the state outlines more requirements with which commercial truck drivers must comply. A commercial motor vehicle is generally defined as a truck that weighs 10,0001 or more pounds, is designed to carry eight or more passengers for compensation, can transport more than 15 passengers, or transports hazardous materials. Some common examples may include:
The Official Code of Georgia §40-1-8 outlines other safety regulations for vehicles that are used to transport goods. Among other requirements, those operating commercial trucks must keep their vehicle in a safe condition by ensuring that their lights, brakes, and other safety features are in proper working order at all times. If a truck accident occurs as a result of the driver or the trucking company’s failure to maintain the vehicle, they could be guilty of violating this statute and may be liable for any damages that result. A knowledgeable Stone Mountain truck accident attorney understands these regulations specific to commercial vehicles and could use this information to determine a defendant’s liabilty.
Vicarious liability provides plaintiffs injured in a truck wreck another potential party to hold responsible for their damages. Since commercial trucks may be owned and operated by a company, a plaintiff could pursue relief against the driver in addition to their employer under the theory of vicarious liability.
According to the vicarious liability standard, a truck accident plaintiff could sue the trucking company if their employee’s negligent conduct took place during the scope of their employment. For instance, if an accident took place while a truck driver was getting gas, this could be considered during the scope of employment for vicarious liability purposes, and their employer could potentially be held liable. A seasoned truck wreck lawyer in Stone Mountain could explain vicarious liability to an injured claimant and apply this theory when building their case.
If you or your loved one was involved in a truck accident and suffered injuries or property damage, you should seek legal assistance. Recovering from the loss of a loved one or the pain of a serious injury is more than enough to bear on your own.
A Stone Mountain truck accident lawyer could examine your circumstances and help you explore your legal options for compensation. If you have been struggling to find the right lawyer, our law firm could review your case during a consultation. Call us today.