A FedEx truck driver was driving his 18-wheeler and two additional trailers when he swerved off the road after losing control of his vehicle. A local news report indicated that the driver was driving on I-75 in Monroe County when he lost control of his truck and crashed into the median.
The truck driver was not injured, but a passenger in the truck sustained injuries and was subsequently hospitalized. The accident caused a significant number of packages, most likely holiday gifts, to be thrown onto the highway. Many of the items included electronic devices and food items. Unfortunately, many of them were damaged in the accident. Police have reported that following the accident the debris on the road led to a series of other minor crashes. Fortunately, the accident did not result in any fatalities, and as of now no serious injuries have been reported.
Liability in Trucking Accidents
When an individual is involved in an accident with another vehicle, there is always the possibility of injuries and damages. However, when a truck is involved in an accident, the likelihood of serious property and physical damage is greatly increased. In order to bring a claim against a truck driver, an accident victim must be able to establish that the truck driver was negligent in the operation of the truck. To prove the elements of a negligence claim, the plaintiff must show that the defendant owed him or her a duty of care, that the defendant breached that duty, and that the breach was the actual and proximate cause of the accident victim’s injuries and damages.
Although many people bring claims against just the truck driver, it is important to note that many times the trucking company can be held liable for the injuries as well. A plaintiff can bring a claim against the trucking company that employs the truck driver if he or she can establish that the company was negligent in some way. Trucking companies have the responsibility and duty to ensure that their trucks are maintained in proper working order and that their employees are trained to safely operate the vehicles.
In certain circumstances, a negligence suit can be brought against the company if it failed to train its truck drivers or vet them for prior driving infractions and history. If a plaintiff can establish that the trucking company was negligent, the trucking company, along with the driver, can be held liable for any damages.
Have You or a Loved One Been Injured as a Result of a Trucking Accident?
Car accidents in general can be extremely stressful and time-consuming, but when a truck is involved the case can become even more complex. In many trucking accidents, there are several parties involved, including not only the truck driver but the trucking company and even insurance companies. It is important to discuss your case with an attorney to determine who can be added as a defendant and to strategically plan your lawsuit. A dedicated and experienced attorney is indispensable in cases such as these, especially when monetary compensation for past medical bills, future medical expenses, and pain and suffering may be involved. Contact Miller Legal Services today at 770-284-3727 to schedule a free initial consultation.
See Related Blog Posts
Georgia Truck Accident Kills Three in the Same Family, Marietta Personal Injury Lawyer Blog, December 17, 2014.
Georgia Woman Dies in South Carolina Accident, Marietta Personal Injury Lawyer Blog, October 13, 2014.