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Who Can be Held Liable in a Trucking Accident?

Every year, more than 400,000 large trucks are involved in property damage accidents, more than 132,000 are involved in injury crashes, and more than 4,000 fatalities are caused by trucking accidents. When these types of accidents occur, the damage to property and people involved can be extensive, but fault can be difficult to establish.

At Jenkins Utley, P.C., we’ve put together the most common types of liability that can be associated with trucking accidents, and who can be at fault.

Truck Drivers

There are many reasons that a truck driver can be liable for damages in a trucking accident. Some of these can include falling asleep at the wheel, driving under the influence of drugs or alcohol, failing to maintain a proper driving log or maintenance log, and reckless driving. Many drivers may be independent contractors and are held to strict standards governed by the Federal Motor Carrier Safety Administration (FMCSA) for proper maintenance and safety standards.

Trucking Company

Because many truck drivers are independent contractors, in order to prove a trucking company or carrier liable in these cases, you must show that the driver is an employee, not a contractor. If the driver is an employee, the company can be held liable for unrealistic expectations of drivers, overloaded schedules that do not hold to federal sleep/rest requirements for drivers, and poor inspection and maintenance logs.

Truck Manufacturers

Truck manufacturers and truck part manufacturers can be held liable if they sold or created defective or faulty equipment that was not due to improper maintenance on the part of the trucking company or driver.

Cargo Company

Many trucking companies hire cargo companies to load and unload their trucks. If a cargo company does not follow the loading standards outlined by the FMCSA, they can be liable for trucking accidents caused by improper loading. They can be held liable for issues like:

  • Overloaded trucks
  • Unsecured cargo
  • Underloaded trucks without proper tie-downs
  • Underfilled liquid, causing an imbalance.

Contact Jenkins Utley, P.C. for Trucking Accident Liability in Atlanta

If you believe that a truck driver, trucking company, truck manufacturer, or cargo company is at fault for a fatality, injury, or property damage accident, contact the trucking accident lawyers of Jenkins Utley, P.C. at (404) 334-3013 or book your complimentary consultation online today.