Dade County Truck Accident Lawyer
The weight tractor-trailers carry makes them an essential component of the transportation service industry, but it also makes them incredibly dangerous in the wrong hands. If a negligent driver or trucking company fails to adhere to traffic laws and/or federal regulations, any accident that results could cause catastrophic harm to multiple other drivers on the road.
A Dade County truck accident lawyer could help if you suffered harm due to a trucker’s negligent driving or the employer’s negligent enforcement of policy. With a seasoned personal injury attorney by your side, you could stand a much better chance of going up against large trucking companies and walking away with a successful civil verdict.
Different Parties Could Be Liable for a Dade County Truck Wreck
Depending on the circumstances, one or more different parties may bear liability for a car accident involving a commercial truck. In many cases, the most obvious option is the correct option—truck drivers that cause accidents because they were speeding, drowsy, or intoxicated by drugs or alcohol would be primarily liable for any harm they caused as a result.
That being said, a single truck driver may be neither the only liable party nor the best defendant to file suit against. The legal doctrine of respondeat superior establishes the concept of vicarious liability, which allows employers to be held liable for the actions of their employees in certain situations—specifically, when the employees were performing a job-related task related to their job duties.
Furthermore, a trucking company may be the primarily liable party itself if a crash resulted from the company forcing a driver to disobey federal trucking regulations regarding driving time and rest periods in pursuit of higher profits. Likewise, if a wreck stemmed from a mechanical failure or the unexpected shifting of a trailer’s cargo, the mechanic who last inspected the truck or the contractor who loaded it may be liable. A Dade County truck accident attorney could help an individual plaintiff determine the most appropriate defendant to file suit against in their case.
Potential Limitations on Recovery
Once they have demonstrated liability, civil plaintiffs in Dade County may be able to recover compensation for medical bills, property damage, pain and suffering, loss of work wages and opportunities, and much more depending on the circumstances. However, certain legal obstacles could block them from recovering as much compensation as they need—or from recovering anything at all—if they are not prepared to comply with and, if necessary, contest them.
First, trucking companies—or perhaps more accurately, their sizable legal teams—never take an accusation of civil liability sitting down. In many cases, they may argue that a civil plaintiff was partially or completely responsible for causing the crash that injured him or her.
If a civil court agrees with the companies, Official Code of Georgia §51-12-33 gives them the right to restrict a plaintiff’s damage award based on his or her percentage of fault, or bar that victim from recovery entirely if his or her share of fault equals or exceeds 50 percent. In addition, if plaintiffs in Dade County—or the truck wreck lawyer representing them—does not initially file their cases within two years of the accident that harmed them, O.C.G.A. §9-3-33 allows a court to consider the case time-barred and dismiss it immediately.
Discuss a Potential Case with a Dade County Truck Accident Attorney
There are a variety of legal details and distractions that could hamper your ability to recover compensation after a serious truck accident. If you want to maximize your chances of getting the restitution you need, you owe it to yourself to seek assistance from a skilled Dade County truck accident lawyer.
Time is often of the essence in these types of cases, so you should not wait long after seeking medical treatment to get in touch with legal counsel. Call today to schedule your initial consultation and get started on your case.
