Proving Fault for a Georgia Truck Accident

If you were involved in a truck accident and were driving a smaller passenger car at the time, you are likely suffering from serious injuries and significant property damage. Like any other type of vehicle accident case, an injured party can only obtain reimbursement for these losses by first proving liability and damages. Unfortunately, doing so often proves to be a bit more difficult in truck accident cases, as multiple parties could bear some responsibility for the same crash. Accident victims do not, however, have to go up against trucking companies on their own, but can work with an attorney who can help negotiate on their behalf and if necessary, litigate the case in court.

How is Fault Determined? 

In Georgia, fault for a truck accident is determined based on the modified comparative fault system. Under this standard, accident victims can only recover compensation for accident-related losses if they were less than 50 percent at fault for the crash. This means that accident victims who contributed to their collision in some way could still be entitled to compensation for some of their losses. It’s important to note, however, that the recoverable amount will be reduced by the accident victim’s percentage of fault in causing the crash. Because of this, trucking companies are notorious for contesting fault for a collision and trying to pin the blame on the injured party in an effort to avoid paying out the total amount of his or her losses.

Evidence Used to Establish Fault 

To prove that a trucking company was at fault, and so financially responsible for the results of a truck accident, an injured party will need to conduct a thorough investigation into the crash. This in turn will require the compilation of strong evidence, including:

• Driver statements;
• Eyewitness statements;
• Police reports;
• The results of a truck driver’s drug or alcohol test;
• Video footage from traffic, dashboard, or security cameras;
• Photos and other evidence from the scene of the accident;
• Photos of vehicle damage;
• Expert testimony; and
• Accident reconstruction diagrams.

If this evidence reveals that someone else was responsible for an accident, then an injured party could be entitled to compensation for at least a portion of his or her losses.

Liability for a Truck Accident 

The evidence collected as part of a truck accident investigation could reveal that a number of different parties bear some responsibility for the collision, including:

• The company that owned or was responsible for the truck’s operation;
• The truck’s driver;
• A vehicle parts manufacturer;
• The company responsible for loading the truck’s cargo;
• Another driver; or
• A municipal or other government agency.

In some cases, more than one party could end up being held liable for an accident. If, for instance, a trucking company failed to properly train its drivers, then it could be held responsible for some of the victim’s losses, even if it is determined that another driver’s actions also contributed to the crash.

Atlanta Truck Accident Attorney 

If you were involved in a truck accident in Georgia, be sure to reach out to the experienced Sandy Springs truck accident legal team at Shiver Hamilton Campbell for an assessment of your options. Our attorneys are trained, experienced, and prepared to fight for your legal rights.

Sources: 

law.justia.com/codes/georgia/2010/title-51/chapter-12/article-2/51-12-33

11alive.com/article/traffic/accident-on-spalding-drive-sandy-springs/85-ec3585d3-87ab-49e1-a306-6a3767ed7ae0