Trucking accidents are a massive scare to the many highway drivers of Georgia. Depending on the size and weight of the truck, you may become seriously injured or lose your life when you get into an accident involving a truck. The results of colliding with a truck are usually large medical bills, funeral expenses, loss of employment, mental and physical trauma, and other consequences. You are then liable to claim pain and suffering damages.
Since commercial truck drivers are employees, it is the company that hired them that will pay you damages for the accident. The company, therefore, becomes the defendant in a personal injury case. The actions of the driver may, however, determine if the company will escape the liability or not. If the truck driver was using a vehicle that is not authorized or committing a crime, the company might avoid accountability for the accident. However, you may still sue them for negligent hiring and supervision and receive compensation.
It is common to see trucking companies and insurers trying to escape liability for truck accidents as they look to reduce costs. Many a time they will blame the accident on you as they try to minimize the amount of compensation they will have to pay. But to your advantage, Georgia is a modified comparative fault state. It means that provided your fault in the accident is less than 50 percent, you may still claim your damages.
This information is not legal advice. It may help you understand who to claim your damages from and when to do it.