Common Factors in Serious and Fatal Trucking Accidents

Commercial trucking accidents can result from a wide range of causes. When seeking financial compensation for one of these accidents, determining the specific cause (or causes) of the crash is one of the first steps on the road to recovery.

When you hire an experienced Augusta trucking accident lawyer to represent you, your lawyer will promptly conduct an investigation focused on determining what went wrong. Depending on the circumstances of your case, this may involve sending an investigator to the scene of the crash, hiring experts to examine the truck and each of the other vehicles involved in the collision, obtaining records from the trucking company, and a variety of other steps. Based on the available evidence, your lawyer will then identify the claim (or claims) you can file—which may include claims based on:

Truck Driver Negligence

Many commercial trucking accidents are the result of truck driver negligence. Safely driving an 18-wheeler or other large commercial truck requires skill, precision and constant attention to the task at hand. When truck drivers make mistakes, the consequences can be devastating, and even momentary lapses in judgment can have a lifetime of consequences.

Truck driver negligence can take many different forms. Some of the most common forms of negligence that lead to serious and fatal trucking accidents include:

• Speeding and tailgating

• Failure to brake and braking too suddenly

• Driving while distracted

• Driving under the influence of alcohol or drugs

• Turning without the right of way

• Merging or changing lanes without enough room to get over

• Failing to prevent jackknifes and rollovers

Trucking Company Negligence

Trucking company negligence is a common factor in serious and fatal truck accidents as well. While trucking companies can be held vicariously liable for their drivers’ negligence, they can also face liability for their own mistakes. For example, an experienced Augusta trucking accident lawyer may be able to pursue a claim against the trucking company for you or your family based on:

• Hiring an inexperienced or unqualified truck driver

• Allowing or requiring the driver to spend too many hours behind the wheel

• Failing to keep the truck maintained in good working condition  

Improper Cargo Loading or Security

Improperly loading or securing a truck’s cargo can significantly increase the risk of a major accident. To help ensure that the truck driver is able to maintain control, the truck’s load should be properly balanced front-to-back and side-to-side, and its cargo should be fully secured so that it cannot shift during transit.

Unbalanced loads and shifting cargo are both issues that can lead to truck accidents. Cargo that falls off of a truck and spills into the road can be a major—and potentially life-threatening—hazard as well. When cargo-related issues lead to trucking accidents, the company that loaded the cargo can be held accountable. Usually, this is either a shipping company that loaded a container before it was placed on an 18-wheeler, or else the owner and operator (i.e., a major retailer or grocery store chain) of the truck involved in the collision.

Truck Defects

As we mentioned above, trucking companies can be held liable when failure to perform adequate maintenance leads to a serious or fatal truck accident. But, not all truck-related failures result from inadequate maintenance. In some cases, they result from truck defects.

A truck (or truck component) is considered “defective” if it is unsafe for its intended use when it leaves the manufacturer’s facility. Defects can result from either faulty design or faulty assembly. If your (or your loved one’s) trucking accident involved a defect, your Augusta trucking accident lawyer may be able to pursue a claim against the manufacturer based on the law of products liability.

Road Defects

Along with truck defects, road defects can cause (or contribute to causing) serious and fatal trucking accidents as well. Numerous types of road-related issues can cause drivers to suddenly and unexpectedly lose control. From potholes and low shoulders to blind curves and unbanked offramps, government agencies and road construction contractors can be held liable for a wide variety of road defects under Georgia law.

Oftentimes, road defects will combine with truck driver negligence to lead to an accident. When this is the case, recovering full compensation may involve filing claims against the entity that is responsible for the road and filing a claim against the truck driver’s employer.

Third-Party Negligence

Finally, while truck drivers are often responsible for trucking accidents, other drivers’ mistakes can lead to serious and fatal accidents as well. If another driver cut off the trucker, failed to stop in time to prevent a chain reaction accident, or made any other mistake that ultimately led to your (or your loved one’s) collision, then his or her insurance company should be liable to provide coverage for your losses.

While these are some of the most common factors involved in trucking accidents, these accidents can result from many other factors as well. With more than a decade of experience representing accident victims and their families, Augusta trucking accident lawyer Keith B. Johnson can determine what claims you have available and fight to recover just compensation on your behalf.

Why You Need an Experienced Augusta Trucking Accident Lawyer on Your Side

Regardless of the company (or companies) that are responsible, recovering just compensation after a serious or fatal trucking accident requires experienced legal representation. In addition to investigating to determine the accident’s cause (or causes), you will also need a lawyer to calculate your losses and assert your legal rights.

The financial costs of a trucking accident can be substantial, and the damages you are entitled to recover for your non-financial losses (i.e., pain and suffering) could far exceed your financial damages. Hiring an experienced Augusta trucking accident lawyer is the best way to ensure that you are seeking the maximum compensation available. With Keith on your side, you can feel confident that you are seeking full compensation for your financial and non-financial losses, and you can be sure that you are not settling for anything less than the full compensation you and your family deserve.