If you were in a truck accident without insurance, you may still be eligible to recover compensation.
Recovering Compensation for a Truck Accident While Uninsured
You must be able to prove the other driver was at least 50 percent at fault to be eligible for compensation. This is due to Georgia’s comparative negligence law which allows an injured party to recover compensation even if they contributed to the accident. However, they must also be less than 50 percent at fault for a crash to qualify for compensation.
How the Comparative Negligence Law Applies
For example, say a truck driver rear-ended you after you slammed on your brakes to avoid debris in the road. The truck driver was following you too closely, so the investigation found the trucking company liable for 90 percent of the damages. However, because one of your taillights had burnt out, the investigation found you 10 percent at fault.
You would be eligible for 90 percent of your damages demand. For example, if you requested $100,000, you would be able to recover $90,000. Unfortunately, you would be responsible for paying that last $10,000 out of pocket because you do not have insurance.
Holding the Truck Carrier Liable for Your Truck Wreck
As we stated above, you would hold the trucking company liable for your injuries. This is due to vicarious liability laws which state that an employer is responsible for any actions its employees take within the scope of their employment.
Holding the Truck Carrier Vicariously Liable
If a truck driver causes an accident while performing work-related duties, the truck carrier will likely be your liable party.
The truck carrier may be vicariously liable in any of the following situations:
- The truck driver was fatigued, intoxicated, or distracted
- The driver was driving recklessly (e.g., speeding, following too closely, etc.)
- The driver was negligent in any other way (e.g., failing to adequately check blind spots before changing lanes)
Holding the Truck Carrier Directly Liable
In some cases, the truck carrier can be directly liable. This is common in cases of negligent hiring or situations in which a driver felt pressured to drive past the legally allowed hours.
For example, say a truck carrier knew of an applicant’s history of driving while intoxicated. Even though the carrier knew another state had revoked the driver’s commercial license for a time in the past for DUI, it decides to take a chance on the driver. If that driver operates his truck under the influence and causes an accident, the truck carrier can be liable for negligent hiring.
An employer can also be liable for negligent hiring in other situations. A carrier can be liable if it did not:
- Adequately check references
- Conduct a sufficient background check
- Conduct a drug test before offering the driver a job
- Conduct a skills test
- Conduct a credentials check
A carrier can also be directly liable if it pressured or forced drivers to violate hours of service rules or to disobey traffic laws such as driving faster than posted speed limits to finish a delivery more quickly.
How S. Burke Law Can Help You Recover Compensation
Our team will handle your entire case from start to finish.
Building a Robust Case
We will build your case from the ground up, creating a convincing argument that establishes the truck carrier’s liability. We will gather all necessary evidence to prove the driver caused the accident.
Defending You Against Accusations of Liability
In addition to establishing the truck carrier’s liability, we will attempt to mitigate your own responsibility for the crash. This is important as every percentage of liability on your part decreases the compensation to which you are entitled. As truck crashes often lead to catastrophic or fatal injuries, even 10-percent liability on your part could cost you thousands or more.
Call an Atlanta Personal Injury Attorney
Accidents are complex in normal circumstances. But being involved in a crash with a commercial truck when you are uninsured takes that to another level. You likely feel like you are in a hopeless situation right now.
However, our team prides itself on representing personal injury victims with different stories and circumstances. Our truck accident lawyer can walk you through the details of your case, help determine who you can file a claim against, and ultimately help you get the compensation you need right now.
If you would like to hear more about how our law firm can help you, do not hesitate to call us at 404-842-7838 right now for a free consultation.