This is the next article in my series on the handling of Atlanta, Georgia commercial trucking accident cases. My last post discussed identifying the possible defendants after a truck accident. It is important to understand that such matters can involve numerous defendants and that it is crucial that each and every one of them be named in a lawsuit. Failing to name a potentially liable party can result in a victim failing to receive their full recovery. In this article I will discuss another important topic – how our state’s comparative fault laws impact the rights of a victim. If you or a loved one have been injured then contact my office today to speak with a personal injury lawyer.
Atlanta trucking accident victims can recover damages even if they were partially at fault for the wreck
Georgia is a state which recognizes the concept of comparative negligence. This means that a victim may recover damages even if they were partially at fault for the incident. The jury will hear the evidence and assign a percentage of the blame to each party. The jurors, for example, may find that the Plaintiff was forty percent responsible for the accident and that the driver should receive sixty percent of the blame. An Atlanta victim’s compensation will be reduced by their share of any fault.
The above-mentioned rule is best explained through an example. Let’s say the driver of a car accelerated, and violated the speed limit, to get through a yellow light. This would likely be seen as an act of negligence on the part of the driver. Now let’s say that the driver of a semi was talking on the phone and not paying attention to the road. The semi-driver then runs a red light and hits the first car as it is accelerating through the intersection. Under this scenario, it is true that the accident would not have happened if the first driver had not violated the speed limit. There is a good chance, however, that the jury would assign a higher percentage of blame to the truck driver. If the jury assigned forty percent of the blame to the first driver, and that individual suffered $100,000 in damages, then driver would receive $60,000 ($100,000 – 40 percent).
Atlanta truck wreck victims should retain an attorney who is experienced in arguing before a jury
It cannot be stressed enough that cases can be complicated by issues of comparative fault. It is crucial that you retain a personal injury lawyer who is able to argue such issues before a jury. How the jurors see your case can decide the extent to which they assign fault or if they even find the defendants to be liable at all. I was first licensed to practice law in 1978 and I am able to assist you with such matters. Contact my office today to speak with an Atlanta truck accident attorney.
I also service the Fulton County cities of Sandy Springs, Roswell, Johns Creek, Alpharetta, Milton, and East Point, the DeKalb County cities of Dunwoody, Decatur, Brookhaven, Redan, and, the Cobb County cities of Marietta, Smyrna, Mableton, and Kennesaw, the Fayette County cities of Fayetteville and Peachtree, the Hall County city of Gainesville, as well as other areas throughout the state of Georgia.