What Happens If I Was Partially at Fault for a Truck Accident in Georgia?

What if you were partly responsible for a truck accident in Georgia?

Maybe you were traveling slightly too fast. Maybe you changed lanes shortly before the collision. Maybe the trucking company claims you were distracted.

That does not automatically mean you have no claim.

Georgia’s comparative fault law provides that when an injured person is partially responsible for an injury, damages are reduced according to that person’s percentage of fault. Georgia law also provides that a plaintiff who is 50% or more responsible is not entitled to recover damages. (Justia Law)

Fault Is Not Always Obvious

Truck accidents can happen because of multiple contributing factors.

For example, imagine a truck driver was speeding while another driver made an unsafe lane change.

The question may not simply be, “Who caused the crash?”

The investigation may need to determine how each person’s conduct contributed to the collision.

Georgia’s statute directs the factfinder to consider the fault of persons or entities that contributed to the alleged injury or damages. (Justia Law)

Your Percentage of Fault Can Affect Your Recovery

Suppose a jury determines that your total damages are $500,000 and that you were 20% responsible for the injuries.

Under Georgia’s comparative fault framework, the damages award would be reduced according to your percentage of fault.

If the plaintiff is found to be 50% or more responsible, Georgia law bars recovery under the statute. (Justia Law)

The actual application of comparative fault depends on the facts and legal issues in the individual case.

The Trucking Company’s Allegation Is Not the Final Answer

An insurance company may argue that you were partly responsible.

That does not establish the percentage of fault.

Evidence matters.

That can include photographs, vehicle damage, witness statements, accident reconstruction, truck data, traffic laws, driver records, and other evidence.

Truck Accident Cases Can Have Multiple Responsible Parties

A serious truck crash may involve the truck driver, trucking company, shipper, maintenance company, or other entities.

Glass & Robson notes that identifying potentially responsible parties is an important part of investigating a truck accident. (Georgia’s Premier Trial Attorneys)

That matters in comparative fault cases because the question may involve more than two drivers.

Do Not Abandon a Claim Because Someone Says You Were “Partly at Fault”

Fault is a legal and factual question.

If an insurance adjuster or another driver says you caused the crash, that is an allegation to investigate, not necessarily the conclusion of the case.

A serious truck accident deserves a full review of the evidence before you decide what your claim is worth or whether you have a viable case.