Brunswick Truck Accident Attorney
A prolonged truck driver shortage began around 2010 and continues to this day. Since there are fewer drivers, the loads that trucks carry have gotten heavier. Today, a fully loaded large truck weighs over 80,000 pounds. Authorities routinely grant waivers which allow even heavier vehicles on Georgia streets and highways. Furthermore, the operators behind the wheel often have little truck driving experience. Many of them are fresh out of driving school.
The diligent Brunswick truck accident attorneys at Gillette Law quickly address your immediate needs, like medical care and vehicle repair or replacement. Then, we collect evidence that supports your claim and refutes some common insurance company defenses. Once we lay this groundwork, we never stop fighting for you. This simple and straightforward approach usually produces results that exceed your expectations.
Electronic Evidence in Truck Wreck Claims
Traditional evidence, such as the police accident report, is often misleading. For example, if the victim was seriously injured or killed, the law enforcement narrative probably only contains one side of the story. And, the truck accident fatality rate has increased significantly since 2007, mostly because of the aforementioned driver shortage and the fallout thereof.
So, our Brunswick truck accident attorneys often look at electronic evidence in these cases. Such evidence could include:
- Electronic Logging Device: ELDs often provide critical evidence in drowsy driver claims. ELDs provide nearly-conclusive proof of HOS (Hours of Service) compliance. So, the jury knows exactly how long the driver had been behind the wheel prior to a crash. Driving after eighteen consecutive awake hours is like driving with a .05 BAC level. That figure is above the legal limit in Georgia.
- Surveillance Video Footage: At least one security, traffic, or other camera looks at almost every intersection and stretch of highway in Georgia. Video evidence is like an eyewitness that an insurance company lawyer cannot discredit.
- Event Data Recorder: Much like a commercial jet’s black box flight data recorder, EDRs measure and record items like vehicle speed, steering angle, and brake application. An attorney or accident reconstruction engineer can use these bits of evidence to piece together exactly what happened.
Strict privacy laws protect this information. Therefore, attorneys usually must have court orders before they can inspect and download EDR information, ELD data, and video camera footage.
Liability Issues
Truckers are legally responsible for damages if they breach their duty of care. This duty requires truck drivers to be physically and emotionally fit to drive, obey the rules of the road, and drive defensively.
Because of the size of their vehicles and their status as professional drivers, truckers usually have a higher duty of care than noncommercial drivers. For instance, two seconds is a safe following distance for most noncommercial motorists. The standard of care for truckers is at least four seconds.
Drivers are legally responsible for the damages they cause. Transportation, shipping, and other companies are normally responsible for them financially. The respondeat superior doctrine applies if the tortfeasor (negligent driver) was an employee who was acting within the scope of employment.
This rule usually applies in truck accident claims. Even if the driver was an owner-operator, independent contractor, or even an unpaid volunteer for tax and other purposes, the driver was usually an employee for negligence purposes. Employer control, such as route travelled or cargo carried, is the only requirement.
Reach Out to a Compassionate Glynn County Truck Accident Lawyer
All serious injury victims are entitled to fair compensation. For a free consultation with an experienced Brunswick truck accident attorney, contact Gillette Law, P.A. Lawyers can connect victims with doctors, even if they have no insurance or money.
