Blog

While many businesses operate with the constant presence of liability risks, those with a transportation component face a unique set of challenges related to auto accidents.



Whether it’s a construction company or home service provider with fleet vehicles that ferry equipment to and from construction and job sites, a business that requires delivery of goods via semi-trucks or a special district / transit authority that transports passengers, organizations that move people and cargo by vehicle take on significant extra risk.

Based on vehicle miles traveled, people who drive in a commercial capacity are safer than the average driver. Professional drivers have a lot of experience handling often unwieldy vehicles. They are usually monitored by equipment and software so employers can ensure drivers on the clock are not engaging in dangerous behavior that might cause accidents. And they are, usually, less likely to partake in risky behavior while on the clock, like drinking and driving.

Even the safest and most responsible commercial drivers can still be involved in crashes. Accidents that do occur in the course of business can expose companies to significant liability and can lead to large and potentially destabilizing settlements or injury lawsuits.

Auto Accident Defense Strategies

The outcome of car and truck crash claims and lawsuits are never entirely predictable. Whether the plaintiff or defendant comes out ahead is highly dependent on the facts of the case, the available evidence and the skills and experience of the attorneys and insurance company personnel involved in representing both parties.

Insurance companies and liability defense attorneys have a host of potential defense strategies at their disposal to dispute or counter commercial truck and fleet vehicle crash cases.

Compliance With Necessary Regulations

Through logbooks, business records and inspections of the vehicle, it’s possible to demonstrate that both the driver and their employer complied with all the necessary federal and Georgia state regulations pertaining to vehicle maintenance, driver training, load restrictions and operations. Establishing these facts may make it more difficult for plaintiffs to prove the business was negligent in its operations.

Lack of Negligence

In auto accident claims, the plaintiff must be able to prove the other driver acted negligently. In other words, they need to show the driver of the commercial vehicle failed to act with reasonable care and diligence while operating the vehicle. The defense may be able to compile evidence clearly showing their driver did act reasonably, negating the claim.

Contributory Negligence

Another method of countering negligence claims is finding evidence that shows the plaintiff was at least partially at fault as well. Even if it turns out the commercial driver was primarily responsible, establishing contributory negligence can potentially reduce the compensation eventually awarded to the plaintiff.

Independent Contractor Defense

A business may be able to successfully argue that the driver was not an employee, shifting liability from the business to the independent contractor. However, the effectiveness of this strategy is based largely on the degree of control the business has over the contractor’s work, like whether they actively monitored contractor driving performance for safety compliance.

Mechanical Failure

Businesses can potentially be held liable for mechanical failures that are attributable to poor maintenance or vehicle upkeep, but they often can’t be held liable if a mechanical failure was due to defective parts in the vehicle. In those cases, liability can potentially be shifted to the vehicle or component manufacturer.

If there was a maintenance failure, and a third-party fleet vehicle maintenance provider was responsible for upkeep, that company may be found fully or partially responsible as well.

Mitigating Circumstances

Some accidents occur due to factors beyond the control of commercial drivers. Sudden storms, fog, debris in the road or the actions of other drivers, like if a truck driver was cut off or driven off the road, can lead to accidents. These mitigating circumstances can potentially be used in business liability defense if they can be clearly established.

Statute of Limitations

Georgia has a two-year statute of limitations for liability claims like auto accident injuries or wrongful deaths. Claims brought two years or more after the accident can usually be dismissed unless there is some valid legal justification for tolling.

Is Your Business Facing an Auto Accident Claim in Atlanta?

The Law Office of Cameron Hawkins has represented both plaintiffs and defendants in all types of car crash and commercial accident cases. Our team excels at investigating accidents and identifying defense strategies based on available evidence. Request a free consultation by calling 678-921-4225.