Truck Accidents Carrying Livestock.

Highway truck accidents where the load is “live” can cause major traffic problems, the treatment of the animals is of utmost concern. The National Highway Safety Administration and the Federal Motor Carrier Safety Administration handle safety issues involving trucks and buses. Federal Motor Carrier Safety statistics never report livestock truck accidents, although they do publish statistics regarding accidents caused by the collision with an animal, they fail to record data on transported animals. Safety reports have shown that live animal transporters have categorized their load as farm supplies, produce, grain feed, and logging in many cases.  Truck transport has not been regulated to account for live animals even though large numbers are transported solely by truck.  Data recorded does not calculate the numbers of animals that are injured or die in highway transport accidents near Kennesaw, Georgia.  This information might be useful as live animals tend to shift causing imbalances in the load, perhaps negatively affecting the safety of the truck itself and may be a cause to the accident. The U.S. Federal Government does not have solid policies or procedures for dealing with live animal transport accidents.

Federal Emergency Management Agency Objectives Regarding Animal Transport Accidents.

The Federal Emergency Management Agency considers animal transport accidents to be a type of disaster and has outlined procedures for Transportation Accidents/Euthanasia to educate persons at the accident scene on how to proceed with emergencies involving live animals.  The objectives of the Accidents/Euthanasia unit are to: 1) identify common causes of transportation accidents; 2) list common methods to mitigate transportation accidents; 3) identify important considerations for euthanasia; 4) determine vulnerability to transport accidents; and 5) understand issues surrounding the euthanasia of animals.  Addressing treatment of the animals when the owner is not present and cannot be contacted is a vital concern and a liability.

What to do at The Scene of Accident.

In a case where a truck accident has caused animals to be injured or die, the driver, state police and veterinarian must confer and decide what action to take for the veterinarian to euthanize the animals with the most serious injuries and mobilize the ones who can be moved away from the scene, especially if the traffic accident is causing a traffic situation with other motor vehicles on the highway. There will surely be a list of legal actions in a case such as this, therefore contacting a specialist in truck accident injury law is your best option to carry the burden of collecting and analyzing the data related to an accident   Determining fault is a matter for those who have reviewed police reports, witness reports, property damages, roadway marks and other factors present at the time of the accident.  Compensation for any loss sustained because of the truck accident, due to partial or full negligence of another party, is in reach to assist in payment of the significant medical expenses, loss of wages, or other life-altering events that can negatively affect your livelihood, as well as wrongful death claims not covered by insurance companies.

Cobb county is an area that transport trucks frequent due to farming and agriculture in the area, and its proximity to Atlanta, and has had its share of accidents involving livestock.  Knowing what to do if you are involved in a truck accident enables a smooth transition through the process toward resolution of the legal issues involved in it.  Fault is a primary concern when involved in a commercial truck accident because injured parties will want to know who is responsible for paying for damages related to the accident.

Georgia Law.

Georgia is a Comparative Fault State which enables plaintiffs to seek damages even if they played some part in the accident and are partially to blame.  It is a tort law that allows plaintiffs to sue for the percentage of damages caused by the defendant. Legal action can be brought against the trucking transport company if the elements of negligence are present including: defendant owed the duty of care; had a breach in the duty of care; and the breach caused the injuries or loss to the plaintiff.

The persons that can be sued in a truck accident scenario are: 1) owner(s) of truck as employer; 2)driver of truck; 3) commercial insurer of truck; 4) regulatory agency supporting truck safety on issues live animal transport; and 5) licensing agencies of privately owned and public transit vehicles, city, county or state.

The two types of damages that victims can sue for include: 1) compensatory damages which are those damages causing economic (loss of wages, medical bills, and property damage) and non-economic loss to victim (pain and suffering); and 2) punitive damages meant to punish the persons being sued (Defendants).

Seek Legal Counsel.

If you are involved in a truck accident in Cobb County where death or injury has been caused to livestock you were transporting,you need to contact your employer, so they can handle the legal issues involved in the accident. The law office of Imbriale Injury Law can assist you with your questions regarding truck-related accidents and how to proceed.

Imbriale Injury Law
145 Towne Lake Parkway, Suite 200
Woodstock, GA 30188
Call Now (678) 445-7423
Fax Number: 678 445 7431

Imbriale Injury Law
13 West Park Square, Suite C1
Marietta, GA 30060
Call Now (678) 445-7423
Fax Number: 678 445 7431

 

Sources:

https://thehill.com/sites/default/files/HighwayAccidentsFarmAnimals_0.pdf

https://www.fmcsa.dot.gov/hours-service/elds/eld-hours-service-hos-and-agriculture-exemptions

https://gtakg.com/georgia-comparative-fault-state-meaning/