The road can be a complicated place. Between the weather, distracted drivers and miscellaneous road hazards, any number of things can bring complexity to the question of liability in a personal injury case. When commercial trucks are involved, it is possible that the complexity multiplies tenfold. Commercial trucks have a lot of parts and carry loads of varying sizes, weight and products. Fault in an accident involving a truck may split between the driver and the loading company, or even between the truck driver and another driver.
That said, many truck drivers—particularly those who are not contract-drivers—will not pay out of pocket for personal injury and property losses in an accident. Typically, their company will have coverage for these events.
Should their insurance not cover you in an accident, you would still seek compensation from the company itself by legal action or other means. Potential damages include compensatory damages for injuries, pain, emotional and psychological suffering and financial losses from missing work.
Other potentially liable parties
In addition to the driver and company, other parties who may find themselves as defendants in a tuck accident injury case include:
- Shippers of hazardous materials
- Other drivers
While it is possible that you may also hold partial responsibility for a truck accident, Georgia is a modified comparative negligence state. This means that you can still recover damages as long as you are less than 50% at fault for the accident. Your attorney or another qualified professional can help you understand the degree to which your personal fault plays into your case.