Losing a loved one in a commercial truck crash can leave you searching for more than an explanation of the driver’s actions. In some Georgia collisions, decisions made by a trucking company or another business may also contribute. Examining those decisions can provide a fuller picture of what happened.
How can company decisions contribute to a fatal crash?
Two forms of business responsibility can apply. Vicarious liability means an employer can be responsible when an employee causes a crash while doing the job. Direct negligence means the business itself acted carelessly. Examples include:
- Hiring or keeping a driver with a poor safety record
- Failing to train or supervise drivers
- Ignoring known vehicle problems or missed inspections
- Setting schedules that push drivers past federal driving limits
Several types of evidence may show whether any of these practices contributed to the crash.
Which records can show unsafe company practices?
Different records can answer different questions about the crash. Electronic logging device data and logbooks may show driving and rest periods. Dispatch messages, delivery deadlines and GPS records may provide context for possible fatigue or speeding.
Driver qualification files can reveal hiring and training information. Inspection, repair and maintenance records may show unresolved defects. Ownership, lease and service agreements can identify which businesses controlled the truck, driver or delivery.
More than one insurance policy can apply when separate businesses own, lease or operate the truck. For claims covered by the law after July 1, 2024, O.C.G.A. § 40-1-112 generally allows the motor carrier’s insurer to be named in the same lawsuit only in limited cases. These include when the carrier is insolvent or bankrupt or when diligent efforts cannot complete personal service on the driver or carrier.
Why evidence beyond the crash report matters
A crash report may not explain how a business’s hiring, scheduling or maintenance choices affected the collision. Reviewing the related records can help determine whether responsibility extends beyond the driver. Our Georgia wrongful death attorney can assess this evidence and identify which businesses and insurance policies may be involved.