Georgia Truck Accident Liability: Comparative Fault And Your Rights To Compensation
Truck accidents in Atlanta are among the most complex types of claims, as unlike ordinary car accidents, multiple parties may be responsible. Our Atlanta truck accident lawyers help victims and their families make the maximum recovery. We explain who can be held liable and your rights in seeking compensation.
Multiple Parties May Be Responsible In An Atlanta Truck Accident Claim
On June 2, 2025, Atlanta News First reported a rollover truck crash on I-285. Just weeks earlier, they reported another truck accident on I-20, in which a tractor-trailer crashed into a vehicle stopped on the road and closed traffic in surrounding lanes for hours afterward.
While these crashes may not seem complex on the surface, they illustrate how multiple parties could be responsible. Identifying those at fault is one of the first steps in seeking compensation. Those who may be liable in an Atlanta truck accident claim include:
- The truck driver, if they were speeding, distracted, impaired, or fatigued;
- The trucking company for negligent hiring practices, poor training, pressuring drivers to meet unsafe deadlines, or failing to monitor hours-of-service compliance;
- Maintenance contractors, if poor maintenance or missed inspections caused brake failure, tire blowouts, or engine problems;
- The cargo loader, if improperly loaded or unsecured cargo shifts during transit, causing loss of vehicle control;
- The truck manufacturer or parts supplier for defective parts, such as faulty brakes or a malfunctioning steering mechanism;
- Other motorists, who may have engaged in reckless behavior that contributed to the crash.
Georgia allows you to file an injury claim against all negligent parties. For example, in the rollover truck accident on I-285, the truck driver, manufacturer, and cargo loader may all share responsibility. In the tractor-trailer crash on I-20, police are investigating whether the motorist involved was under the influence at the time.
Atlanta Truck Accident Liability Under Georgia Comparative Negligence Laws
Under the Georgia Code, the state follows the rule of modified comparative negligence in injury claims. This means each party involved in an Atlanta accident, including the victim, is assigned a percentage of fault. Accurately assigning fault requires evidence. This includes:
- Police reports and witness statements;
- Testimony from crash scene investigators and accident reconstruction experts;
- Black box (ELD) data from the truck;
- Driver logs, maintenance records, and safety history reports.
Provided you are less than 50 percent to blame, you are still entitled to compensation. However, the amount gets reduced by your percentage of fault. For example, if you suffered $100,000 in losses in an Atlanta truck accident but were 30 percent at fault, you would receive $70,000 ($100,000 – 30 percent, or $30,000).
To Make The Maximum Recovery, Contact Our Experienced Atlanta Truck Accident Lawyers
Multiple parties are often at fault when truck accidents in Atlanta happen. At Shiver Hamilton, LLC, we take the actions needed to identify those responsible and hold them liable for your losses.
We protect clients in Atlanta and all of DeKalb, Fulton, and Gwinnett Counties. To make the maximum recovery, call or contact us online and request a consultation with our Atlanta truck accident lawyers today.
Sources:
atlantanewsfirst.com/2025/06/02/truck-driver-critically-injured-early-morning-crash-i-285/
fox5atlanta.com/news/tractor-trailer-crash-shuts-down-i20-dekalb-county
georgiacourts.gov/wp-content/uploads/2024/04/Apportionment-of-Damages-Terry.pdf
