Yes. While the truck driver may have caused the accident, trucking companies are responsible for what their drivers do behind the wheel. They can also be held accountable for their own independent failures that may have led to the crash.
In Georgia, injured parties can file a personal injury claim against both the truck driver and the trucking company. There are two distinct legal theories that make this possible.
Vicarious liability, or respondeat superior
This is the legal principle that ties an employer’s liability directly to the on-the-job conduct of its employees. As such, a trucking company is legally responsible for the negligent actions of its driver, as long as that driver was acting within the scope of their employment at the time of the crash.
However, this comes with one important limitation. If the driver had gone off on a personal errand or detoured significantly from their route at the time of the accident — what the law calls a “frolic and detour” — you may not be able to hold the company liable.
Direct liability
Here, you are not holding the company responsible for the driver’s actions. Instead, you are holding the company responsible for its own negligence. This can include:
- Failing to properly vet the driver before putting them behind the wheel of a commercial truck
- Failing to ensure the driver had the skills and knowledge to safely operate a heavy commercial vehicle
- Allowing a truck with known mechanical defects to operate on public roads
Take note that Georgia court rulings often limit direct negligence claims if the company admits responsibility for the driver’s actions. This means that once a trucking company acknowledges vicarious liability, a court may dismiss direct negligence claims unless there is a valid claim for punitive damages.
Take control of your case
The trucking company’s legal team gets to work immediately, and so should you. If you or someone you know has been injured in a commercial truck accident in Northeast Georgia, get experienced legal counsel. The right attorney will examine every angle of your case, identify all liable parties and take immediate steps to protect your right to recover.