Operator Error/Negligence
Truck Driver Error and Negligence in Gwinnett County
A lot of truck accidents are the result of one of the drivers involved in the wreck. In many cases, the negligent party is the truck driver. And like any personal injury case, a claim alleging truck driver error caused your accident requires proof of the driver’s negligence and that it caused your wreck.
These cases can get complicated, especially because the driver’s employer may be vicariously liable for his actions. So work with John Morrison in Gwinnett County to get the evidence you need to prove that a driver was negligent and caused your wreck.
What are some examples of operator error that causes truck accidents?
Several things can constitute operator error or negligence.
- Driving too quickly, such as in an effort to finish a route sooner.
- Failing to take cautionary actions like checking blind spots or following traffic signs.
- Aggressive driving behavior, like following another vehicle too closely.
- Using alcohol or drugs before or while driving the truck.
- Taking medications that can cause adverse side effects (drowsiness, delayed reaction time, blurred vision, dizziness, etc.)
- Sleepiness from driving long distances without taking proper breaks.
- Using a cell phone or texting while driving.
Any of these factors can increase a driver’s risk of an accident that injures or kills someone on the road. It is up to us to get the evidence that proves negligence and causation so that you can establish liability. Evidence might include driver logbook records, the police report, eyewitness reports, expert testimony, and more.
Who is responsible for truck accidents caused by driver error?
The truck driver’s employer, the trucking company, is vicariously liable for its employee’s actions. Thus, if driver error is to blame for your wreck, then the trucking company could be liable for your injuries and damages.
Companies that use independent contractors may argue that they are not responsible for operator error. This may or not be true. The trucking company may still be responsible for your damages even if it tries to skirt liability by hiring drivers as independent contractors rather than employees. We will explore statutory and case law to help you establish liability in these circumstances.
Keep in mind that other parties may be at least partly liable too. While operator error may be to blame, poorly maintained equipment on the truck may have been a contributing factor. In this case, the party responsible for truck repairs and maintenance could be liable. We will investigate your accident so that we identify all parties that might hold liability.
Work with John Morrison to Prove Liability & Get Compensation
Accidents with commercial trucks typically mean you will be going up against a trucking company with its own team of experienced attorneys. Make sure you have legal representation of your own to protect your right to fair compensation. The Law Offices of John Morrison help people in Gwinnett County who were injured in truck accidents. Give us a call at 770-951-8900 or fill out our contact form and schedule a free, no-obligation consultation.