Trucking companies and truck drivers are subject to complicated federal and state laws and regulations. An experienced Morrow truck accident attorney can evaluate how the laws apply to a victim's case. The Law Office of Shane Smith can help preserve essential evidence and help victims receive compensation from the truck driver, the trucking company and/or their insurance carriers.
Georgia statutes and federal regulations require trucking companies with interstate trucking business to conduct a pre-employment background check for all drivers. Trucking companies are required to ensure that unsafe drivers and those with substance abuse problems do not drive tractor trailers on state highways.
Trucking companies may try to avoid liability by claiming their drivers are independent contractors and not employees. The trucking company would likely argue that the driver is solely responsible for the accident and damages. Avoiding liability would be problematic for the trucking accident victim as the truck driver likely could not compensate for severe injuries and damages and may avoid any judgment by declaring bankruptcy.
In a commercial truck accident lawsuit, an experienced Morrow truck accident attorney will bring a claim for negligent entrustment, hiring or retention against the trucking company. The claim asserts that the trucking company was negligent in hiring the driver based on his background information. A trucking company may be liable for a driver's accident if a driver's background check should have indicated that he was unfit for hiring. A Morrow truck accident lawyer can obtain all the necessary evidence following a truck accident.
Trucking companies are only required to keep specific records about cabs, trailers and drivers for limited amounts of time. An attorney can put a trucking company on notice that it must preserve evidence related to the accident because an accident victim has a claim against the company. The accident-related evidence may subsequently be requested by the victim's attorney.
Preserved evidence may be used to prove that a trucking company or the truck driver in the accident did not follow federal mandates about resting times. Paperwork may indicate that a trucking company neglected warning signs about hazardous cab or trailer conditions.
If you or someone you know has been hurt in a truck accident, meet with a Morrow truck accident lawyer at the Law Offices of Shane Smith by calling (770) 487-8999.