Lack of Driver Training
Commercial drivers need substantial training and experience in order to operate their heavy vehicles. The average tractor-trailer can weigh up to 80,000 pounds. If a trucker is not provided with adequate training, the chances of an accident are higher. The consequences of this type of crash can be devastating, due to the weight and size of the truck. An accident victim may suffer catastrophic injuries, such as paralysis, traumatic brain injury, burns, disfigurement, and multiple broken bones. If you are hurt in an 18-wheeler wreck in Atlanta or the surrounding communities, you should consider enlisting truck accident lawyer Stephen M. Ozcomert. He has substantial experience litigating cases against trucking companies.Holding a Negligent Trucker or Trucking Company Liable for Damages
In Georgia, drivers of commercial vehicles must pass a test in order to get a commercial's driver's license. Some trucking companies take care to make sure that new drivers accompany experienced drivers to get added training and experience. Drivers must be cognizant of and adhere to very detailed Federal Motor Carrier Safety (FMCSA) regulations, which have been adopted in Georgia. The federal regulations, which apply to truck drivers and trucking companies in interstate commerce, include testing requirements. The training includes safe evasive maneuvers to avoid accidents, among other things. However, many trucking companies are much less conscientious and allow inexperienced and untrained truckers to go out with their vehicles.
While you can sue a truck driver for negligence and you may be able to prevail, in many cases a truck driver's insurance does not have enough coverage to take care of someone who has been catastrophically injured. However, a trucking company typically carries much more insurance, and like the driver, the trucking company owes others on the road a duty of care.
The duty of the trucking company is to make sure that it does not provide untrained employees with a dangerous instrumentality, thereby increasing the risk to other motorists on the road. You may have a claim for negligent training against the trucking company if you can prove that the company breached its duty and that you suffered injuries and damages caused by this breach.
If you can successfully prove lack of driver training, you may be able to recover compensatory damages for your economic and intangible losses. Among other items, you may be able to recover for hospital bills, lost wages, property damage, disability, and pain and suffering.
You typically have two years from the date of a truck accident to file your case, but it is important to contact an attorney as soon as possible because the trucking company's insurers will start trying to build a case for why you were partially or fully to blame for the accident. If you fail to file before the statute of limitations runs, you will be barred from bringing suit. Moreover, it can help to have your attorney working on the case at the same time as the trucking company's insurers and attorneys are.Seek Legal Guidance in Atlanta for Your Motor Vehicle Collision Claim
In spite of detailed regulations and the high degree of risk created by a lack of driver training, some trucking companies do not ensure that their drivers are properly trained. Atlanta residents who have been harmed by this negligent behavior should contact motor vehicle collision attorney Stephen M. Ozcomert to pursue the damages that they deserve. Call us at (404) 370-1000 or contact us via our online form to set up a free appointment. We also represent injured individuals in Decatur as well as other cities across DeKalb and Fulton Counties.