Navigating Comparative Fault in Commercial Trucking Accident Lawsuits

Commercial trucking accidents can lead to complex legal proceedings due to the gravity of injuries and damages they often cause. One critical aspect to understand in these lawsuits is the concept of comparative fault. This principle can significantly impact the outcome of your case. 

Understanding Comparative Fault

Comparative fault, also known as comparative negligence, is a legal principle applied in many jurisdictions, including Georgia. It acknowledges that more than one party may share responsibility for an accident. 

In the context of a commercial trucking accident, this might mean that both the truck driver and the other involved party, perhaps you, contributed to the accident. For example, if you were speeding when a truck driver, fatigued from overworking, collided with your vehicle, both parties could be deemed at fault.

This shared fault is expressed as a percentage, which then directly impacts the amount of compensation you can recover. If you're found to be 20% at fault, your recoverable damages would be reduced by that 20%.

The Role of an Attorney in Comparative Fault Cases

Given the intricacies of comparative fault, hiring an experienced personal injury attorney becomes crucial. Attorneys are skilled at investigating accidents, gathering evidence, and building strong arguments to minimize your fault percentage. 

Your attorney will strive to demonstrate that the truck driver, trucking company, or other involved parties were more at fault. They may point to factors like violation of trucking regulations, improper vehicle maintenance, driver fatigue, or even a faulty component from a parts manufacturer. 

Importantly, attorneys provide a buffer between you and the trucking company's insurance adjusters, who are often looking to shift as much blame onto you as possible to reduce their liability.

What to Expect During the Legal Process 

After hiring an attorney, the process begins with a comprehensive review of the accident. Your attorney will examine the evidence, identify potential liable parties, and start building a strategy to represent your best interests.

They'll also begin negotiations with the insurance company, presenting the evidence and arguing why you should bear less (or none) of the fault. If a fair settlement isn't reached, your case could go to trial, where the evidence and arguments will be presented before a judge or jury.

Throughout this process, open communication with your attorney is vital to keep your expectations realistic and ensure you understand each step. 

Need Help With Your Trucking Accident Case? 

Understanding and effectively arguing comparative fault is a challenging aspect of commercial trucking accident lawsuits. But with the right legal support, you can navigate this complex process with confidence. 

If you or a loved one are dealing with the aftermath of a trucking accident in Atlanta, our seasoned attorneys are ready to assist you. You can learn more about how we can support your case by visiting our "Lawyers" page. Let us carry the legal burden so you can focus on healing. Contact us today!