Theories of Liability in a Georgia Truck Accident Case

Truck accidents are life-changing events, leading to serious injuries and significant property damage. In Georgia, understanding the legal principles that determine liability in these cases is essential for victims seeking justice. Liability refers to the legal responsibility of a party for their actions that result in harm to others.

There are many parties who may be liable for a crash. We can help you figure out who is responsible for your injuries and who owes you compensation. Call Bailey Javins & Carter at 678-981-5370 to set up a consultation at our Atlanta office.

The Importance of Negligence in Truck Accident Cases

Negligence is a key concept in truck accident cases in Georgia. It involves proving that someone else failed to act responsibly and that this failure caused the accident. To prove negligence, four elements must be established: duty, breach, causation, and damages. In the case of an accident caused by a truck driver, the truck driver has a duty to drive safely and follow traffic laws. If the driver fails to do this—by speeding, texting while driving, or driving under the influence—they have breached their duty. This breach must be shown to have directly caused the accident, resulting in damages such as medical expenses, lost wages, or pain and suffering.

The Role of Employer Liability in Truck Accidents

In many truck accident cases, the employer of the truck driver can also be held responsible through a legal concept called vicarious liability. This means employers can be held accountable for their employees’ actions if those actions happen while they are working. For example, if a truck driver causes a crash while making a delivery, the employer may also be liable for the damages.

Several factors can affect this type of liability. Employers are expected to ensure their drivers are well-trained, follow safety rules, and keep their trucks in good condition. If an employer neglects these duties, they may be considered negligent. However, if a driver is doing something outside of their job, like running personal errands, the employer might not be held responsible.

Owner-Operator Liability

In some truck accident cases, the driver might own their truck and work as an independent contractor. In this case, there is no outside trucking company that can be held liable. This situation brings up the concept of owner-operator liability. Here, the owner-operator can be personally held responsible if their negligence leads to an accident.

If an owner-operator skips important safety checks, drives recklessly, or fails to fix known issues, they can be liable for any resulting harm. This means that even if the driver is not working for a company, they still have to ensure their truck is safe and roadworthy. 

Understanding owner-operator liability helps victims know that responsibility doesn’t just rest with large trucking companies. Individual truck owners also have a duty to prevent accidents through proper care and responsible driving.

Product Liability for Defective Truck Parts

When a truck accident happens because of a defective part, the manufacturer or supplier of that part can be held responsible. This is known as product liability. For example, if the accident was caused by faulty brakes, the victim might be able to file a claim against the company that made those brakes.

To win a product liability case, you must be able to demonstrate that the part was defective and that this defect directly led to the accident and your injuries. There are three common types of defects: design defects, manufacturing defects, and marketing defects. A design defect means that the part was flawed from the start. A manufacturing defect means something went wrong during the making of the part. A marketing defect happens when the product does not have proper instructions or warnings.

Product liability cases can be tricky because they often need expert witnesses to explain how the defect caused the accident. Detailed evidence, like the part’s design plans or production records, is also important. Because of this complexity, these cases often require thorough investigations to gather all the necessary information.

Choose Bailey Javins & Carter for Your Truck Accident Claim

No matter who caused your truck accident, you deserve to be made whole after a collision. We’re here to advocate for you. Give us a call at 678-981-5370 or reach out online to get started.