Managing Partner
While the truck driver might be the person who could most obviously be at fault for causing a truck accident, some collisions occur due to the negligence or fault of other parties. In these cases, an injured victim can hold one of these third parties liable in addition to or instead of a truck driver. Here’s what you should know about third-party liability in truck accidents in Georgia, and what that could mean for you.
Understanding Third-Party Liability in Truck Accidents
Even when a truck driver is most directly at fault for causing an accident, the law recognizes that other parties could also have played a role in what happened. For example, truck drivers work on behalf of their employers and would not be operating the truck or hauling its cargo otherwise. Moreover, other parties are involved in the manufacture, maintenance, and loading of the truck. As a result, an injured truck accident victim may hold these third parties liable along with or instead of a truck driver, even when the driver is primarily to blame.
Examples of other parties who may bear liability for a truck accident in Georgia include:
- The trucking company
- The truck’s owner (if not owned by the truck driver or trucking company)
- The cargo/shipping company
- Auto shops that service and repair the truck involved in the accident
- The truck’s manufacturer or a manufacturer of a part equipped on the truck
How Third Parties Can Cause Truck Crashes
Third parties involved in the trucking industry can also cause or contribute to crashes due to their own negligence, separate from that of the driver. Here are some common ways that third parties may bear liability for a truck accident.
The Trucking Company
Reckless actions and decisions on the part of trucking companies are often to blame for collisions. For example, a trucking company may bear liability for negligent hiring, training, and supervision of a truck driver. Trucking companies can also contribute to accidents by ordering or encouraging drivers to engage in dangerous driving behaviors, or by deferring repairs or maintenance on their vehicles, leading to component failures.
The Truck’s Owner
A third party other than the truck driver or trucking company may own the truck involved in an accident. In these cases, the owner may bear responsibility for the crash due to inadequate or deferred maintenance that led to a hazardous mechanical issue.
The Cargo Company
A cargo/shipping company may cause a truck crash by loading cargo into the truck or trailer in an unsafe manner, including:
- Loading excessive cargo
- Failing to balance the weight of the load
- Not adequately securing cargo items to prevent them from shifting during travel
Outside Auto Shops/Mechanics
Third-party mechanics who service commercial trucks can bear liability for a truck crash caused by their negligent repair or maintenance work.
Truck/Auto Part Manufacturers
A manufacturer may bear responsibility for a truck crash caused by a design or manufacturing defect in the truck or an auto part on the truck that led to a crash.
How Multi-Party Negligence Works in Third-Party Liability Truck Accident Cases
Georgia has laws governing how liability is shared among multiple negligent parties. Once a jury (or a judge sitting as the factfinder) has determined the amount of compensation to award an accident victim, the award will be reduced based on the injured party’s share of responsibility for the accident. Then, the amount still to be paid will be apportioned among the liable parties according to each party’s percentage of fault for the accident. Courts must apportion liability for injuries and losses to each at-fault party, regardless of whether the accident victim could have named each party to the case.
As a result, when a third party shares responsibility for causing an accident with a truck driver or other third parties, a jury or judge must apportion the compensation awarded to each liable third party in proportion to their share of responsibility for the truck accident victim’s losses.
Contact Joshua E. Palmer Law Firm for Experienced Counsel and Advocacy
If you’ve been hurt in a truck accident in Georgia, you need knowledgeable legal counsel to help you pursue fair compensation from everyone who could be to blame for what happened. Contact Joshua E. Palmer Law Firm today for a free, no-obligation consultation with a dedicated truck accident attorney in Macon, and let’s talk about your case together.
