Comparative Negligence: How It Impacts Compensation In An Atlanta Truck Accident Claim
After an Atlanta truck accident, one of the first things an insurance adjuster looks for is a reason to blame you, even when the truck driver was clearly at fault. This is because, under the legal theory of comparative negligence, proving you were even partially at fault reduces what the trucking company or its insurers have to pay.
Our experienced Atlanta truck accident lawyers provide trusted legal guidance to clients in these cases. Learn common ways drivers share fault in a crash and how that can affect your rights in a claim.
How Drivers May Unintentionally Share Fault in an Atlanta Truck Accident
Atlanta truck accidents pose significant risks. Reckless behavior by the truck driver and negligence by the trucking company are often to blame. Unfortunately, these crashes often impact nearby motorists, some of whom may have unintentionally contributed to the collision.
Common ways drivers may unintentionally share fault in an Atlanta truck accident include:
- Following a commercial truck too closely, reducing reaction time.
- Driving in a truck’s blind spots for extended periods.
- Making abrupt lane changes in front of a loaded tractor-trailer.
- Failing to signal before merging.
- Speeding and going too fast for conditions.
Under the legal theory of comparative negligence, proving you played any role in causing an Atlanta truck crash can help insurers and the trucking company reduce or completely avoid liability.
How Comparative Negligence Affects Your Atlanta Truck Accident Compensation
According to the Georgia Governor’s Office of Highway Safety, truck accidents account for nearly 15 percent of all fatal crashes in the state and leave thousands of motorists injured each year. Afterward, the trucking company and its insurers will likely try to blame you.
Here’s how it works: If you are found 20 percent at fault, your recovery is limited to 80 percent of your total damages, not the full amount. If they can prove you were 50 percent or more responsible, they can deny compensation.
Factors that affect how comparative negligence plays out in an Atlanta truck accident claim include:
- Physical and electronic evidence showing the truck driver or trucking company was to blame.
- Photos from the scene, witness statements, and other evidence supporting your version of events.
- Whether the police report cited you or the trucker.
- Whether you admitted liability at the scene or to insurers.
The less room insurers have to assign fault to you, the greater your chances of recovering compensation.
Contact Our Experienced Atlanta Truck Accident Lawyers Today
Truck accidents in Atlanta often happen because of negligence by the trucker or trucking company. However, Georgia is a comparative fault state, so don’t be surprised if they try to say you were at least partly to blame.
Shiver Hamilton Campbell has helped truck accident victims across Georgia recover millions in settlements and jury awards. We push back against insurers and fight for the maximum amount you’re owed.
To request a consultation, contact our Atlanta truck accident lawyers today. We serve clients in Alpharetta, Marietta, Sandy Springs, Roswell, and throughout Fulton, DeKalb, and Gwinnett Counties.
Sources:
georgiacourts.gov/wp-content/uploads/2024/04/Apportionment-of-Damages-Terry.pdf
gahighwaysafety.org/wp-content/uploads/2023/11/2021-Large-Trucks-Georgia-Traffic-Safety-Facts.pdf
