Were you or your loved one involved in a truck or semi-trailer accident in Atlanta, Georgia, due to the truck driver’s negligence? Regardless of the severity of your injuries, you may be entitled to file a truck accident claim and seek compensation.
In at-fault states like Georgia, the party that causes the accident is liable for the victim’s physical, financial, and emotional damages. However, it is on the victim to prove that the other party negligently caused the crash.
This article will explain everything you need to know about truck driver negligence. If you need further help, our team at Dressie Law Firm is here to help. We are committed to helping victims of truck or semi-trailer accidents recover compensation.
A person is deemed negligent if they breach the expected duty of care. Every driver on the road has a duty of care toward other road users, but truck drivers are especially held to a higher standard, given the significant danger they pose to others. Some types of trucker negligence include:
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Driving under the influence of drugs or alcohol: The blood alcohol concentration (BAC) limit for commercial truck drivers is stricter than that for drivers of passenger vehicles. An ordinary motorist can get arrested for DUI if they have a BAC of .08%. On the other hand, the legal limit for a truck driver is only .04%. DUI is one of the leading causes of auto accidents in Atlanta.
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Speeding: Commercial trucks driven beyond allowed speed limits have drastically lower stopping distances and are harder to control.
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Reckless or aggressive driving: A reckless or aggressive truck driver is a serious threat to all road users, including themselves. Reckless driving is a very common cause of auto accidents.
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Violation of the expected hours of service (HOS): Truck drivers can only work for a specific number of hours per day or week. Unfortunately, some deliberately violate this in order to finish their duties earlier or maximize profits.
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Distracted driving: State and federal law prohibits drivers from using their phones while driving. Truck drivers are also prone to getting distracted by their mobile phones.
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Failure to inspect the truck’s pre-driving condition: Truck drivers should check the vehicle before going on the road. The driver might get involved in an accident caused by a defect that could have been detected during the inspection.
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Improper lane changes: Commercial trucks have large blind spots. Accidents can occur when drivers change or try to change lanes when they think they have an open path, but they don’t.
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Inadequate training: Lack of proper training to safely drive and control a truck contributes to a large number of accidents.
In proving negligence, your Atlanta truck accident attorney must establish all of the following:
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The at-fault party owed you a duty of care.
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The at-fault party breached that duty of care.
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The accident and injuries resulted from that breach.
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The victim sustained damages due to the accident and the at-fault party’s negligence.
Proving truck driver negligence in accidents can be complex, which is why it’s worthwhile to consult an experienced truck accident lawyer from Dressie Law Firm. Having handled countless cases of serious accidents in Atlanta, we know exactly where and how to look for favorable evidence to support your claim.
Check out our truck accident FAQ to learn more about the evidence we look for and collect to prove the truck driver’s negligence.
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