Each year, a number of people in Georgia and throughout the United States are seriously injured in big rig collisions. If you suspect that you or a loved one has been harmed as a result of negligent hiring or supervision by a trucking company, you may want to consult a truck accident attorney. At Miller Legal Services, we assist victims in Marietta and the surrounding communities with exploring their legal options and advocating for their rights. We understand that dealing with an accident is never easy, and you can expect compassion and diligent communication throughout the entire process.Seeking Compensation from a Trucking Company for Negligent Supervision
Under Georgia law, an employer such a trucking company may be vicariously liable for the negligence of an employee who was acting in the course and scope of the job. Moreover, it may be liable to an accident victim under any of several theories of direct liability, one of which is negligent supervision. This type of claim may arise in situations when an employer failed to properly instruct a worker in his or her job duties and ensure that the employee is performing them properly.
For example, a trucking company may have violated its duty of care owed to other people on the road if it does not ensure that its drivers properly adhere to regulations governing the industry. Truckers must adhere to hours of service rules governing how long they can stay behind the wheel. They also must accurately fill out the log books that are assigned to them. A trucking company may be liable if it tells its drivers that they do not need to comply with regulations, or if it is aware that drivers are not complying with the regulations and takes no action to change their behavior.
To prevail in a negligence claim, the plaintiff usually must prove the following elements:
- The defendant owed the victim a duty of care;
- The defendant breached the duty of care;
- The collision was a direct result of that breach; and
- Quantifiable damages were incurred.
In most ordinary situations, such as operating motor vehicles, the duty of care simply refers to the level of care that an ordinary person would have used in the same or similar circumstances.
Someone who is injured in a truck crash may be able to recover both economic and non-economic damages, including medical costs, future medical expenses, pain and suffering, out-of-pocket costs, lost income, and repairs to a vehicle. In rare cases, victims may also be able to recover punitive damages, but only if the defendant’s conduct was especially egregious.
It is important to note that plaintiffs typically have two years from the date of an accident to file a lawsuit in Georgia. This time frame is known as the statute of limitations. Failing to bring your claim within this period could mean being barred from having it heard altogether.Explore Your Options with a Marietta Attorney after a Motor Vehicle Collision
At Miller Legal Services, our injury lawyers have the skill and knowledge to advise residents of Marietta and other Georgia communities who have been hurt because of someone else’s careless conduct. We can thoroughly assess the merits of your case and aggressively pursue the compensation that you deserve for your harm. We also can represent accident victims in Roswell and Smyrna, among other areas. For a free initial consultation, call us at 770-284-3727 or contact us online.