State Trucking Regulations
Many big rig accidents take place in Georgia due to state regulations being ignored or not followed properly. The state legislature regulates trucking practices within the state, while the federal government creates regulations for trucks traveling across state lines. At Miller Legal Services, we understand Georgia regulations and can put this knowledge to use in your case. If you have been hurt by a careless commercial driver in the Marietta area, you can consult our truck accident attorneys for assistance in pursuing compensation.Holding Commercial Drivers Accountable for Violating State Trucking Regulations
Tractor-trailer drivers have an obligation to operate their vehicles safely. The Federal Motor Carrier Safety Administration (FMCSA) governs interstate trucking. The majority of FMCSA regulations have been adopted by the state of Georgia for intrastate trucking as well. These guidelines pertain to numerous aspects of the trucking industry, including driver training, maintenance schedules, alcohol and drug testing rules, and hours of service limits, as well as vehicle length, width, and weight restrictions.
When a violation of a state regulation leads to an accident with another automobile, the trucker and his or her employer may be liable for the resulting harm. A victim in such an accident can sue the at-fault party under the theory of negligence, which in this situation would be defined as the failure to exercise reasonable care when operating a truck. This means taking the same precautions that the ordinary commercial driver would use in the same circumstances. In order to prevail on a negligence claim, the victim must establish that the defendant violated the duty of reasonable care, such as by failing to comply with a state trucking regulation. The breach must have directly caused the accident in which he or she was hurt, and quantifiable damages must have resulted. Since state trucking regulations are designed to protect public safety, violating one or more of them will likely be deemed to be a breach.
In the state of Georgia, semi-trucks must carry the minimum liability insurance of $100,000 per person or $300,000 per accident. However, many commercial carriers carry policies that have far higher limits than the minimum. This puts them in a better position than individual drivers to compensate victims for injuries caused by their negligence or the carelessness of their employees, which may be attributed to them under the theory of vicarious liability. As a result, victims often try to establish this theory by showing that the driver was an employee of the company and was acting in the course and scope of employment at the time of the wreck.
Truck drivers and companies can potentially be liable to an accident victim for medical costs, lost income, pain and suffering, property damage, and more. The exact amount of compensation a victim may receive will vary depending on the nature and extent of the harm suffered.Explore Your Options with a Marietta Attorney after a Truck Accident
At Miller Legal Services, our knowledgeable injury lawyers have helped many people in Marietta and elsewhere in Georgia bring claims against careless commercial drivers and their employers. We can assess the merits of your case and come up with a legal strategy suited to your needs. Our legal team understands how to investigate whether trucking regulations were violated and whether any violations caused or contributed to a wreck. To set up a free consultation, call us at 770-284-3727 or contact us online. We also represent residents of Roswell and Smyrna, among other communities.