Atlanta Truck Accident Attorneys

Do I Have a Valid Truck Accident Claim?

Merely suffering an injury is not sufficient to recover compensation after a truck accident. The victim (plaintiff) must first establish liability by a preponderance of the evidence, meaning they must prove that the negligent party (defendant) "more likely than not" caused their injuries. 

Our lawyers have a deep understanding of personal injury law to help you demonstrate the four necessary elements to meet the burden of proof in your case. These include:

1. Duty of care. The defendant owed a legal obligation to the plaintiff, such as practicing safe driving and obeying traffic laws.
2. Breach of duty. The defendant breached their duty by acting negligently, such as failing to check mirrors before changing lanes.
3. Causation. The injuries would not have occurred without the defendant’s negligence.
4. Damages. The plaintiff suffered actual harm (damages) as a result of the breach.

Can a Trucking Company Be Held Automatically Liable for Commercial Truck Accidents in Georgia?

Trucking companies are not automatically liable for truck accidents. However, they can be held legally responsible through certain legal doctrines, including direct negligence for their own corporate failures and respondeat superior (vicarious liability) for their employees’ actions. 

Vicarious liability means a company is generally liable for any accident caused by an employee who was acting within the “course and scope” of their employment (O.C.G.A. § 51-2-2). We can investigate the company’s policies, identify lapses that may have contributed to the crash, and pursue the maximum recovery available under the law.

Can I Recover Compensation in a Truck Accident Claim if I Was Partially Responsible?

Georgia follows a modified comparative negligence rule, meaning plaintiffs can recover compensation for wrongful injuries as long as their share of the fault is less than 50%. If the plaintiff’s fault is 50% or more, they cannot seek damages. 

Additionally, the final settlement will be reduced in proportion to fault. For example, if you are found to be 10% at fault for an accident totaling $250,000 in damages, you may only recover $225,000 (90% of the original claim value). 

Insurers often engage in underhanded tactics like victim-blaming to deny or minimize payouts. Our fearless advocates can challenge unfair fault allegations and push back against lowball offers to prevent you from settling for less than you deserve.