According to the Department of Transportation Federal Motor Carrier Safety Administration Analysis Division, 31 percent of large truck accidents in 2009 were caused by truck driver-related factors including speeding, distracted driving and failing to maintain the proper lane. If you are the victim of a truck accident it is important to have an experienced truck accident attorney in Clayton County who can get the proper compensation.
Identifying the cause of a Georgia truck accident is the first step in determining the party who is responsible for paying damages. Some truck accident common causes include:
- Speeding truck drivers or those who are driving too fast for the road conditions or the time of day or night
- Reckless truck drivers, including those who have DUI records or accident histories
- Fatigued truck drivers who exceed regulations on consecutive driving hours or days
- Truck maintenance deficiencies caused by negligent trucking companies
Proving who is at fault in a Georgia truck accident may require extensive review of the trucking company's documents. An attorney will send a spoliation letter to a trucking company after an accident involving an 18-wheeler or other commercial truck. "Spoliation" is the destruction, concealment, loss or alteration of evidence and is illegal. A spoliation letter puts the 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.
Depositions and trucking records may be sought from the trucking company or the truck's owners (frequently the cab and trailer are owned by different parties). Trucking company employees, the truck driver and those who loaded the cargo may be questioned. Mandatory driver logs, weight registers and maintenance checks may also be reviewed. Event Data Recorders (EDRs) can also be demanded for speed records near the time of the accident.
If you or someone you know has been hurt by a distracted truck driver, meet with a Clayton County truck accident lawyer at Shane Smith Law. We can assist you in every stage of your case including obtaining the available evidence.