Many factors can affect liability in car accident cases in Atlanta. Passengers may have their own insurance policies, or one or more parties may be uninsured. Additionally, a driver may be behind the wheel of a vehicle they do not own.
Who is liable if the driver of a company vehicle causes an accident – the employee or the business?
What is a Commercial Vehicle Accident?
Commercial vehicle accidents can involve tractor-trailers, busses, and other vehicles owned by one party and operated by an employee or independent contractor.
According to the Federal Motor Carrier Safety Administration (FMCSA), there were 116,000 crashes involving large trucks and busses in 2017. 4,889 of these wrecks were fatal – a 9-percent increase from 2016.
A 2018 report from FMCSA cites the following as some major causes of accidents involving large trucks:
- 14 percent (786) of large truck occupants in fatal crashes were not wearing a safety belt, of which 356 (45 percent) were killed in the crash. In contrast, only 379 (8 percent) of the 4,545 large truck occupants wearing safety belts in fatal crashes were killed. Ten percent of the 4,786 drivers of large trucks involved in fatal crashes (463) were not wearing a safety belt at the time of the crash.
- 305 of the 4,786 large truck drivers in fatal crashes (6 percent) tested positive for at least one drug, although 60 percent of them were not tested. Conversely, 8,189 of the 51,490 drivers of all vehicles in fatal crashes (16 percent) tested positive for at least one drug, although 50 percent of them were not tested. A driver is more likely to be tested for drugs if there is information from the crash indicating that drugs may have been a factor.
- At least one driver-related factor was recorded for 32 percent of the large truck drivers in fatal crashes, compared to 53 percent of the passenger vehicle drivers in fatal crashes. “Speeding of Any Kind” was the most frequent driver-related factor for drivers of both vehicle types; “Distraction/Inattention” was the second most common for large truck drivers, and “Impairment (Fatigue, Alcohol, Illness, etc.)” was the second most common for passenger vehicle drivers.
Atlanta businesses that use commercial vehicles have a duty of care to other motorists. If you or a loved one were hurt in an accident involving a car or truck owned by a business, speak to a personal injury lawyer who will investigate if they should be held liable for negligent hiring practices.
How The Davis Injury Firm Helps Atlanta Vehicle Accident Victims
Say you are attempting to make a left turn from North Druid Hills. A truck owned by a business fails to maintain its lane, hitting you and forcing you into a head-on collision with a third vehicle. Your car is totaled, and you suffer internal and external injuries.
Your attorneys investigate and discover that the commercial vehicle driver had an extensive history of traffic violations.
This case will have several liable parties: the driver, the supervisor who hired him without proper screening, and the company that owns the vehicle.
Each of these cases will be litigated independently, but you don’t have to worry about that. Your attorneys will handle the legal proceedings while you recover from your injuries.
Atlanta’s Best Personal Injury Lawyer for Commercial Vehicle Accidents
If you were injured by a commercial vehicle on of Atlanta’s roadways, contact Atlanta’s best personal injury attorney at the Davis Injury Firm. No private citizen should have to bear the costs of accidents caused by careless companies.
Speak to attorney Betty Davis right now at (404) 647-0722 – you don’t pay until we win.