Georgia Comparative Negligence And Impacts On Atlanta Truck Accident Claims
Atlanta truck accident cases are rarely straightforward. They often involve multiple vehicles, serious injuries, and complex questions of fault. One of the critical factors affecting your rights to compensation is the legal theory of comparative negligence. Under Georgia law, sharing any blame for a crash can prevent you from getting what you need to recover.
Our Atlanta truck accident lawyers help clients in these cases and fight to get them the maximum settlement. The following explains what you need to know about comparative negligence and how it impacts your rights in a claim.
How Georgia’s Comparative Negligence Law Works
You can hold those at fault accountable if injured in an Atlanta truck accident. However, it is not uncommon for multiple drivers to share a portion of the blame.
Under Section 51-12-33 of the Georgia Code, accident victims may recover damages even if they are partially at fault, as long as their share of responsibility is less than 50 percent. However, compensation is reduced by their degree of fault. Here’s how Georgia’s comparative negligence law works:
- For example, an Atlanta truck accident caused you $100,000 in damages.
- If you are determined 40 percent to blame, compensation is reduced to $60,000 ($100,000 minus 40 percent).
- If you are determined to be 60 percent at fault (or any amount over 50), you are not entitled to compensation under Georgia law.
- If others involved were entirely at fault, you are entitled to full compensation.
Comparative negligence makes Atlanta truck accident claims more challenging, as insurance companies often blame victims and use this law to deny compensation.
How To Protect Yourself Against Allegations Of Being At Fault For An Atlanta Truck Accident
When Atlanta truck accidents happen, you may be entitled to compensation either through the insurance companies involved or by filing a truck accident lawsuit through the Georgia Courts.
However, insurers and trucking companies often use comparative negligence to deny or downplay claims. Here’s how to protect yourself against accusations that you were partially at fault:
- Report the accident immediately to the police and get a copy of their report.
- Avoid admitting liability at the scene or speculating about how the accident happened.
- Gather evidence, including photos of vehicles, road conditions, and visible injuries.
- Get witness information, as their testimony can back up your account.
- Consult our experienced Atlanta truck accident lawyers before making statements or accepting a settlement.
Taking these steps helps protect your right to compensation, even if the other side tries to pin blame on you.
Schedule A Consultation Today With Our Experienced Atlanta Truck Accident Lawyers
Georgia’s comparative negligence statute can dramatically impact compensation in an Atlanta truck accident claim. At Shiver Hamilton Campbell, we protect your rights and push back against trucking companies and insurers that try to blame victims.
Our team investigates, gathers evidence, and fights for the maximum compensation. We serve clients throughout the state, including Gwinnett, Fulton, and DeKalb Counties. Contact our office today to schedule a consultation with our experienced Atlanta truck accident lawyers.
Source:
georgiacourts.gov/wp-content/uploads/2024/04/Apportionment-of-Damages-Terry.pdf
