Truck accidents are complicated. In some cases, multiple parties may share the responsibility for causing a crash. In Georgia, a modified comparative negligence standard is used to apportion liability in these cases. It is crucial that injured victims understand how the system works. Modified comparative negligence could have major implications for your case. Here, our Georgia truck accident lawyers provide a comprehensive guide to comparative negligence in Georgia.
Georgia is a Modified Comparative Fault State
In Georgia, truck accident liability is based on fault. The party who is at fault for a truck accident—whether the truck driver, trucking company, a vehicle manufacturer, or a driver—can be held legally responsible for the resulting damages. Under Georgia O.C.G.A. § 51-11-7, a modified comparative negligence standard applies. Each party that is involved in causing a truck accident will be held legally liable for their proportionate share of the blame. For example, if you are awarded $100,000 in damages after a semi-truck accident in Georgia, but are found 25 percent at fault for your own crash, you would receive $75,000 in compensation. You would be liable for 25 percent ($25,000) of your own damages.
Note: Georgia modified comparative negligence standard sets a 50 percent bar on recovery. If your assigned level of fault is 50 percent or greater for a truck accident, you cannot recover any damages.
Understanding Comparative Negligence and Truck Accidents Through Examples
Example #1: Driver Zero Percent at Fault
Imagine that you are involved in a truck accident in Atlanta. A large commercial truck runs a red light and crashes into your vehicle while you were lawfully proceeding through the intersection. If you are determined to be zero percent at fault, you can recover compensation for 100 percent of your damages. For instance, imagine that your medical bills, vehicle repairs, and other losses total $150,000. You would be entitled to pursue the full amount through a truck accident injury claim. Georgia’s modified comparative negligence law ensures that a completely blameless party does not bear any financial burden for an accident caused solely by another party’s negligence.
Example #2: Driver 25 Percent at Fault
There are cases in which a truck accident victim may bear minority fault for a crash. Imagine that in the same hypothetical Atlanta, GA truck accident that you go through the intersection but are found partially at fault for speeding. Indeed, the investigation determines you are 25 percent at fault. In contrast, the truck driver is 75 percent at fault. If the total damages amount to $150,000, your compensation would be reduced by 25 percent—leaving you eligible to recover $112,500. Georgia’s modified comparative negligence rule acknowledges the driver’s partial responsibility while still allowing them to seek compensation. You would be liable for 25 percent ($37,500) of your own losses.
Example #3: Driver 70 Percent at Fault
Finally, imagine a scenario of a trucking accident in Atlanta where you (the driver) are deemed to be at fault for the majority of the crash. That is a big deal. As Georgia follows a modified comparative negligence rule, drivers who are 50 percent or more at fault cannot recover damages. In this case, you would not be entitled to any compensation—even if their losses total $150,000. The reason is that your assigned degree of fault exceeds the 50 percent threshold under Georgia law. If you are found to be at fault for more than half of a crash, you cannot hold a trucker or trucking company responsible for your damages—even if they bear some degree of responsibility as well.
Every Truck Accident Should Be Thoroughly Investigated
Fault is very important in truck accident cases in Georgia. Every accident should be thoroughly investigated by a lawyer to determine precisely what went wrong. Your crash should be promptly and proactively investigated by an experienced attorney. Your Georgia truck accident lawyer will gather and organize all of the evidence that you need to prove fault and establish liability. Remember, every percentage point of fault matters. It could represent thousands of dollars in financial compensation after a serious truck accident in Georgia.
Recovering the Maximum Compensation for Truck Accident Victims in Georgia
In Georgia, truck accident victims have the right to seek compensation for both their economic losses and for their non-economic damages. How much can you expect to actually recover as part of your truck accident injury claim? The answer depends on several different case-driven factors. With that being said, it is important to remember that your compensation will be tied directly to your damages. You must be prepared to document your losses—both economic and non-economic. Along with other types of damages, truck accident victims in Georgia can seek compensation for:
- Property loss, such as vehicle repairs;
- Emergency medical costs, including ambulance fees;
- Hospital bills and other types of medical expenses;
- Physical therapy and mental health services;
- Loss of wages and loss of future earning power;
- Pain and suffering & mental anguish;
- Long-term disability and/or physical impairment; and
- The wrongful death of a family member.
How Our Georgia Truck Accident Attorney Can Help
Truck accident lawsuits can be complicated cases—especially so when comparative negligence is an issue. It is imperative that victims have strong and experienced legal representation. At Chance, Forlines, Carter & King, PC, we have a proven track record of verdicts and settlements across a wide range of accident and injury claims. Our Georgia truck accident lawyers are always prepared to invest the time and resources to help our clients get justice and full and fair financial compensation.
Contact Our Georgia Truck Accident Attorneys Today
At Chance, Forlines, Carter & King, PC, our Georgia truck accident lawyer is always prepared to go the extra mile to fight for justice for injured victims. If you or your loved one was hurt in a commercial truck accident, we are here to help. Contact us now for a no cost, no obligation initial case review. We handle semi-truck accident cases in Atlanta, Augusta, and Gwinnett.