Q: Does a Truck Driver Have to be Charged in Order for a Marietta Truck Accident Case to be Filed in Civil Court?
A:No. In Georgia, you may file a Marietta truck accident case in civil court if you believe that your accident injuries were caused by the negligent actions of the truck driver or trucking company. It is not necessary that the truck driver be cited for a motor vehicle violation or arrested on a criminal charge.
Instead, you, together with your Marietta truck attorney, will need to prove that the truck driver or trucking company failed to act with a reasonable degree of care and as a result caused the accident and your resulting injuries. That is a different standard then what the police use to decide if a trucker should receive a citation or be arrested. Thus, your right to file a personal injury lawsuit against an allegedly negligent trucker is independent of the actions, or inactions, of the police.
For more information about your rights, please contact an experienced Marietta truck lawyer at 1.770.518.1133. Additionally, we invite you to read our free e-book about how to protect your rights after a Georgia truck crash by clicking on this link: Four Common Mistakes That Will Ruin Your Georgia Car or Truck Claim.