Should I Sue the Truck Driver or the Trucking Company After a Georgia Truck Accident?

Should I Sue the Truck Driver or the Trucking Company After a Georgia Truck Accident?

If you were injured in a truck accident in Georgia, you may be wondering whether to sue the truck driver, the trucking company, or both. Determining liability in a truck accident is crucial for maximizing compensation, but these cases can be complex. At Michael C. Jones & Associates, we provide legal assistance to Atlanta residents who have been affected by truck accidents, helping them navigate the legal process and pursue the compensation they deserve.

Who Is Liable in a Georgia Truck Accident?

Truck accidents often involve multiple parties, and the responsible party depends on the circumstances of the crash. Below are the primary defendants in a truck accident claim.

Suing the Truck Driver

A truck driver can be held personally responsible for an accident if their negligence contributed to the crash. Common forms of truck driver negligence include:

• Distracted driving (using a phone, eating, or adjusting the radio)
• Speeding or reckless driving
• Driving under the influence of drugs or alcohol
• Drowsy driving or exceeding federal hours-of-service limits
• Failing to perform necessary vehicle inspections

If the truck driver is an independent contractor, rather than an employee of a trucking company, filing a lawsuit against them directly may be the primary option. However, individual truck drivers often do not have the financial resources or insurance coverage to fully compensate victims for their injuries.

Suing the Trucking Company

In many cases, the trucking company is also liable for the accident. Under Georgia’s vicarious liability laws, a trucking company may be held responsible for its employee’s negligence if the accident occurred while the driver was working. Additionally, a trucking company may be directly liable for:

• Hiring unqualified or untrained drivers
• Encouraging or allowing drivers to violate safety regulations
• Failing to maintain trucks properly
• Overloading trucks or allowing improperly secured cargo

Trucking companies typically have higher insurance policy limits than individual drivers, making them a more viable source of compensation for victims.

Other Potentially Liable Parties

Depending on the details of the accident, additional parties may share liability, including:

• Cargo loading companies if improperly secured cargo contributed to the crash
• Truck manufacturers if a mechanical defect caused the accident
• Government agencies if unsafe road conditions played a role

Which Legal Strategy Is Best?

The best legal approach depends on the circumstances of your case. If the driver was an employee, you may be able to hold both the driver and the trucking company responsible. If the driver was an independent contractor, your claim may focus on the driver directly. An attorney can investigate the accident, determine liability, and pursue the maximum compensation available.

At Michael C. Jones & Associates, we help truck accident victims in Atlanta understand their legal rights and take action against negligent parties. If you have been injured in a truck accident, contact us for legal guidance.