Late last month, a man was killed when a semi-truck hit him while he was riding his bicycle. According to a local news report, the accident occurred while the man was riding his bike around 12:15 p.m. in Brooks County, Georgia. Witnesses and officers stated that man was riding his bike east when a semi-truck hit him. Unfortunately, the man was killed instantly. The Sheriff’s office explained that, sadly, these sorts of accidents are common. He implored drivers to slow down when they see a bicyclist and that they should move into the other lane when they are passing a bicyclist.
The victim’s body was transferred to a crime lab in nearby Atlanta. Police officials told reporters that the truck driver, who works for David Trucking Company, is still being investigated. So far, charges are pending until the investigation is complete.
Negligence Claims in Georgia
When a person has been injured or killed because of another’s negligence, there are certain elements that must be met in order for them to be compensated for their injuries. Many people are unaware that when a person does receive compensation it is likely from the wrongdoer’s insurance company, rather than personally from the defendant. To succeed against an insurance company, it is crucial that the plaintiff is able to meet the criteria for a negligence claim.
The plaintiff must be able to show that the defendant owed them a standard duty of care and the defendant breached that duty. Furthermore, the breach must have resulted in the injuries and damages that the plaintiff suffered. In the case of a trucking claim, truck drivers owe a duty to other drivers, pedestrians, and cyclists to drive safely and be aware of their surroundings. If it is found that the truck driver did not drive safely or was unaware of his surroundings, he may be found liable for negligence.
Holding Trucking Companies Liable in Georgia
Although, many people believe that if they are injured by a truck the only person who can be held liable is the trucker, that is not necessarily the case. In fact, the trucking company may be held liable as well as the driver because trucking companies may be negligent themselves if they implement negligent policies or encourage negligent driving.
Trucking companies have the responsibility to maintain their fleet in proper working order. This includes conducting regular inspections and making sure that the truck driver is aware of the limitations of the truck. Additionally, trucking companies unfortunately often are more concerned with profit than safety. And as such they may require their truckers to work extremely long hours without proper training and breaks. This can lead to disastrous consequences.
Have You or a Loved One Been Injured in a Trucking Accident?
If you or someone you know has been injured or killed because of the negligence of a truck driver, you may consider bringing a claim of negligence against the driver or trucking company. As you can see, these types of cases entail dealing with many parties, including insurance companies. To ensure that you are putting your strongest case forward, it is recommended that you contact one of the attorneys at Miller Legal Services. You may be entitled to monetary compensation for your injuries. Contact us today at 770-284-3727 to schedule a free initial consultation.
Related Blog Posts:
Man Killed in Georgia Biking Accident, Marietta Personal Injury Lawyer Blog, February 25, 2015.
Filmmakers Plead Guilty and Avoid Trial in Fatal Train Georgia Accident, Marietta Personal Injury Lawyer Blog, March 18, 2015.