How Georgia Comparative Negligence Law Affects Truck Accident Claims

Why Fault Matters So Much In Georgia Truck Accident Claims & Personal Injury Cases

When you're involved in a truck or car accident, the Georgia comparative negligence law impacts whether you can claim damages and how much money you can receive. Let's say you've been involved in a crash with a big commercial truck on I-75. Crashes with big trucks often involve higher stakes. Victims of these crashes have higher medical bills, miss more time off work, and have more serious injuries than you see in a fender-bender between two passenger cars. Right as you're struggling with your injuries and medical bills, an adjuster will start calling to talk about "shared fault."

Understanding Georgia Fault Laws

Georgia fault laws assign the blame after an accident as a percentage. Between your injuries and the damage to your vehicle from an accident with an 18-wheeler, you might be facing a $200,000 loss in this example. However, if investigators find that you were 25 percent at fault in causing the crash, you can only claim 75 percent of the damages you experienced ($150,000 of the $200,000 loss). That's how comparative fault works in the state of Georgia.

In this post, we'll walk you through how the percentages work under the law and what you can do when the numbers seem unfair.

 

 

How Does Georgia Comparative Negligence Law Work In A Truck Accident

Georgia follows a modified comparative negligence system with a 50 percent bar rule (§ 51-12-33). Let's break this down in plain language.

You can recover damages in Georgia if you are under 50 percent at fault for the crash. If you're 50 percent or more at fault, you are barred from recovering damages. If you're 49 percent at fault, you can still recover damages, but the amount is reduced by your percentage of fault. Even if you are partially at fault, you may still be entitled to compensation as long as your degree of fault remains below 50 percent.

Here are some examples of how this works. We'll use a big truck accident in which you suffered a total of $300,000 worth of damages for your injuries.

• If the truck driver is found to be 80 percent at fault, and the crash was 20 percent your fault, your final recovery is reduced to $240,000.
• If the truck driver is found to be 55 percent at fault, and you were 45 percent at fault, your final recovery drops to $165,000.
• If the accident is 50-50, with each of you equally at fault, you lose the right to recover any damages.

These percentages aren't magic numbers. They come from hard evidence and argument. Evidence will include the police reports from the accident. Most people don't know that there is black box data in truck accidents that's available, and sometimes dashcam video. Driver logs, cellphone data, truck maintenance records, and witness statements can all be gathered to determine fault for an accident. An insurance company might try to assign a fault percentage before all this evidence has been collected. They do this to offer you a lowball settlement that won't amount to the full cost of your medical bills and lost wages.

You have two years from the date of the accident to compile evidence and file a claim in Georgia. Once the statute of limitations expires, you lose the right to compensation for your injuries. As Attorney Charles Graham notes, "Every percentage point of fault is money left on the table" in a truck accident case.

 

 

Contributory Negligence vs Comparative Negligence In Georgia

Don't confuse Georgia's comparative negligence law with the laws of other states. This is easy to do if readers start researching the subject online. Some states use a "contributory negligence" system, which is extremely harsh. If a motorist is found to be just 1 percent at fault for an accident, they're not allowed to claim any damages. Even if the truck driver was 99 percent at fault, the injured motorist or accident victim can't claim damages.

This also differs from a "pure comparative negligence" system, which other states use. In these states, even a negligent driver can recover compensation, which is reduced by their percentage of fault.

Georgia uses a "modified" approach to comparative negligence that sits in between these two extremes. As long as you are less than 50 percent responsible for an accident, you can still claim damages. Georgia's system is much more forgiving than a strict contributory negligence state, but still unforgiving once your fault level reaches 50 percent or higher.

This article strictly relates to Georgia laws on comparative fault as it relates to truck accidents. Readers should be cautious when researching this subject, because generic or inaccurate articles that relate to other states' systems do not apply here. Contributory negligence is NOT the same as comparative negligence.

 

 

What To Do After A Truck Accident If You Are Worried About Fault

The early steps that you take after a truck accident can make a big difference in determining fault. It's wise to contact a Georgia personal injury attorney early in the process.

• Immediate medical care and documentation.
  Seek medical care the same day of the crash. You might feel fine after the collision because of the adrenaline in your system, only to discover you can't get out of bed two days later because of a neck or spine injury. If you don't seek care the same day as the crash, insurance companies may claim that you injured yourself somewhere else.
• Scene and evidence basics.
  If it's safe to do so, take photos and videos of the scene of the accident. Record vehicle positions, skid marks, road conditions, traffic signs, and visible injuries. Obtain contact information from witnesses. In truck accident cases, debris fields and damage patterns can affect how experts assign fault later.
• What to say and not say.
  Don't argue about who is at fault at the scene. Do not apologize to anyone. Saying the word "sorry" can be used as an admission of fault. On insurance calls, do not make guesses about speed, distances, or other factors. Do not answer hypothetical questions about what you "should have done." It's best to avoid insurance calls altogether until after you've received legal advice.
• Preserving important truck evidence.
  Time is critical in truck accident claims. The trucking companies control the black box data, webcam footage, maintenance records, and other crucial evidence. A personal injury lawyer can send preservation letters to prevent this evidence from being "lost" or deleted.

How A Georgia Truck Accident Lawyer Can Help With Shared Fault

In many real-world cases, truck accident liability can be assigned to multiple people and companies. A personal injury lawyer's job is to tell the full story on your behalf, not just the story that the trucking company wants. The Graham Firm uses a solid investigative procedure to reduce your percentage of fault as much as possible, with detailed and provable evidence.

Our investigative team will gather police reports from the accident and supplemental reports. We send preservation letters to the trucking company on your behalf, so that black box data and maintenance records don't "disappear." We secure photos and videos from nearby traffic cameras, businesses, and dash cams. We also work with crash reconstruction specialists who can work out speeds, angles, and braking.

 

 

Our accident injury law firm has seen many cases where an insurance company tried to assign fault for a crash to an injured driver before gathering all the facts. After we investigated these cases, we found examples where:

• A truck driver had worked too many hours and was fatigued
• A truck's brakes were badly maintained
• A trucker made an unsafe lane change or followed too closely
• Warehouse workers improperly loaded the truck

In each of these examples, the evidence lowered the injured driver's percentage of fault, resulting in more compensation for their injuries. Even a solid case can still involve some level of fault on your part. It's our job to maximize the compensation you're entitled to by gathering solid evidence.

If you live in Georgia or the surrounding areas and need help with a truck accident claim that involves Georgia comparative negligence law and how fault is assigned, call our "Big Truck Lawyer" at (404) 526-9955 for a free, no-pressure consultation to discuss your personal injury case in Georgia. A truck accident lawyer can review the facts and walk you through your best legal options.