A Fatal Truck Accident in Mableton: Who is Liable for Damages?
A woman was recently killed in a collision with a semi-truck in Cobb County.
Authorities state that 57-year-old Barbara Sims, of Mableton, was turning left in the 6600 block of Mableton Parkway, when a semi-truck driven by 54-year-old Moses Asemota, of Conley, struck the drivers’ side door of Ms. Sims’ vehicle.
Police are still investigating the accident; however, they do not expect to press criminal charges against Mr. Asemota.
Just because a driver is not brought up on charges does not mean that the driver was not negligent: While a criminal charge generally involves the intentional violation of a law, a negligence action may be brought if the driver failed to exercise reasonable care while driving. “Reasonable care” includes the duty to obey traffic laws, not drive while intoxicated and not plow into fellow motorists.
If you are injured in a semi-truck accident, it is critical that you reach out to an Atlanta personal injury attorney as soon as possible to prevent spoliation of critical evidence, including:
- Logbooks: Semi-truck drivers must keep a record of all the hours they spend driving, to help determine whether or not the drivers were fatigued. This evidence can be crucial, but the trucking company may destroy such evidence in three months, or even less time in some cases.
- In-dash video: Not all semi-trucks are equipped with a dashboard camera that records the goings-on inside the cab, but some rigs do have this equipment. If an attorney does not send a spoliation letter right away (a letter which demands that a potential defendant retain all possibly relevant evidence), the trucking company might “lose” this valuable information.
Many truck accidents cause catastrophic injuries, including severe and disfiguring burns, traumatic brain injury and wrongful death. For a free consultation with a top-rated Atlanta accident attorney, contact our office.