Marietta Injury Lawyer Blog
If you were involved in a truck accident in Georgia, you might not be entirely sure about what happened. A collision with a semi-truck can leave you dazed, confused, or even unconscious. Head injuries can cause memory loss, and you may have no recollection of your semi-truck crash in Marietta. Even if you suspect that a trucker might have partially caused your crash, it may be worth assessing your legal options. Here is why:
Georgia Follows a System of Comparative Negligence
Like most States, Georgia follows a system of comparative negligence when it comes to auto accident lawsuits. In other words, the Peach State recognizes that various parties may contribute to the same crash – often in different ways. In other words, you can sue someone for partially causing your accident – even if they were not 100% to blame.
In fact, Georgia allows you to sue other drivers even if you partially caused your own crash. As long as you can prove that someone else was also at fault, you can pursue compensation from them. This is a crucial fact that drivers in Georgia should be aware of – especially if they are hesitant to explore their legal action because they feel some sense of guilt about their accidents.
One thing to keep in mind is that your level of compensation decreases depending on how much you contributed to the crash. For example, you might have been 25% to blame for your semi-truck accident. Perhaps you were texting and driving when a semi-truck ran a red light. In this case, your total compensation would be 25% lower than normal. If you were 10% at fault, your compensation would decrease by 10% – and so on.
How Does Modified Comparative Negligence Work in Georgia?
However, Georgia’s comparative negligence system has its limits – and this is why it is called a “modified” system. You can only sue someone else for your car accident if you were less than 50% to blame for the collision. If you were over 50% to blame, you lose the right to sue.
Again, this should not necessarily dissuade you from exploring your legal options. Most car accident victims are not legal experts – and they may be only vaguely aware of the complex traffic regulations in Georgia. It makes sense to carefully assess every aspect of your accident before assuming that you were mostly to blame.
Why Would You Want to Sue a Trucker for Partially Causing Your Crash?
But why would you want to sue a trucker for partially contributing to your crash? Doesn’t it make more sense to focus on the driver who is mostly to blame? It all depends on the circumstances of your accident. If the person who mostly caused your accident lacks insurance and has no assets to speak of, suing them will not accomplish much.
In contrast, suing a trucking company for damages allows you to seek compensation via their insurance policy. This may make it easier to cover your damages.