Search
contact Menu
Green & Delan, LLC
Decades of Experience. Proven Results. Always Focused On Your Goals.
770-648-5523

Personal Attention From The Experienced Advocate You Deserve

Establishing liability, seeking damages after truck accident, P.1

In our previous post, we began looking at recent proposals to address the issue of truck safety in Georgia, including reducing speed limits for large trucks and establishing truck-only highway lanes. As we noted, there are a number of established safety measures in the trucking industry and truck drivers and their employers may be held liable for violating these rules.

In any motor vehicle accident case, establishing liability requires proving specific elements, including duty, breach, causation, and harm. Safety requirements such as the hours of service rules, cargo securement rules, traffic laws, and also the general duty to exercise reasonable care in the operation of a motor vehicle can serve as a basis for liability in personal injury litigation, but gathering sufficient evidence isn’t always easy. 

The discovery process in litigation provides plaintiffs tools and opportunities to request information and documentation from the defending party, but it is important to work with an experienced advocate who knows how to navigate the process. Sometimes gathering the information necessary to establish liability requires creativity and sometimes it involves invoking the authority of the court. A skilled attorney will understand how to move the process along so that the evidence is in place to build the strongest possible case for liability.

Depending on the nature of the breach of duty, different types of damages may be available to a plaintiff. Cases where an accident occurs because of simple negligence may, in some cases, be treated differently than cases in which an accident occurs because of deliberate failures to abide by safety rules and regulations. We’ll look further at this issue in a future post. 

No Comments

Leave a comment
Comment Information
Email Us For a Response

Fill Out The Form Below Or Call 770-648-5523 To Get Started!

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Location

ATLANTA OFFICE
3655 Brookside Pkwy.
Suite 525
Alpharetta, GA 30022

Toll Free: 800-570-8951
Phone: 770-648-5523
Fax: 470-268-8300
Alpharetta Law Office Map

Duluth Office Map