There may be several at-fault defendants in a truck crash case. Typically, these include the driver, the truck’s owner or the trucking company, the company that hired or employed the driver, any company that negligently maintained the truck, other drivers that contributed to the crash, and sometimes a negligent car or truck manufacturer.

Sometimes self-insured trucking companies or their insurance carriers will tempt accident victims with a quick-settlement offer. For instance, they may offer to pay your medical bills right away. Most likely, they are trying to get you to settle and agree to accept full payment before you can hire a lawyer who may tell you the case is worth much more. Should this happen, we recommend speaking with a truck accident attorney to determine whether quick settlement is in your best interest. (Hint … it usually is not.)

You may have heard of the “guilty beyond a reasonable doubt” standard. That is the standard or burden of proof in a criminal case. Trucking and commercial vehicle injury accidents are civil cases. The burden of proof in a civil case is “preponderance” or “more likely than not,” which is an easier standard to meet.

Commercial vehicles typically carry $100,000 to well over $1 million worth of insurance. However, in the most serious cases, unless there is an excess or umbrella policy, even this may not be enough. Therefore, it is important to review other possible sources of insurance. These can include parent trucking companies, businesses that hired or loaded the truck, companies that maintained the truck, and other individuals or companies that contributed to the wreck, such as roadway defects or other drivers.

As in any other type of accident, this depends on a few things. First, was the truck driver at fault? If so, was the driver on the job when the wreck happened? Also, was the driver an employee of a trucking company or an independent contractor? In some cases, trucking companies or freight brokers may not be held accountable for an independent driver’s actions. The answer to this question can be complicated. It’s difficult to answer without a detailed investigation into the nature of the business relationship, the lease, the contract, and other terms of the trucker’s employment.

In most cases, yes! Almost all modern tractors and commercial vehicles are equipped with a device known as an event data recorder, or “black box”. This recorder saves data about the vehicle, including speed, braking, and steering of the truck at and prior to the time of a crash. Most modern cars have a similar recorder onboard as well. Data from these devices can provide information about the cause of a crash.

In Georgia, you will have up to two years to file a lawsuit under O.C.G.A. 9-3-33. This is known as the personal injury statute of limitations. If your truck accident was many months ago, it might not be too late. Even though it is best to begin investigating right away, your attorney can still get the police report, SCRT report, and other records that may prove your case.

This varies greatly from case to case. Generally speaking, if it is possible to receive a fair settlement or the limits of available insurance, then filing suit may not be necessary. However, in many trucking cases, the full extent of insurance or the circumstances leading up to the collision cannot be fully known without filing suit and using the power of the court to compel information from the trucker and company.

Most trucking cases, even when suit is filed, are settled without a trial. And, statistics show that larger settlements are more likely after suit has been filed and the trucker, the trucking company, and the insurance company are facing the threat of a trial.