Partial Fault for Truck Accident

After an accident, fault determines who pays for whose damages in a resulting insurance claim or personal injury lawsuit. However, not all accidents are the fault of a single party. Frequently, rather than one driver being entirely responsible for a crash, both parties share the blame and legal liability to some extent.

Shared liability can even occur in cases involving collisions between large commercial trucks and traditional passenger vehicles. For example, consider a scenario where a truck driver who’s speeding or distracted hits a passenger vehicle motorist who’s changing lanes or turning without signaling.

If the injured motorist takes legal action to seek damages from the truck driver, the defense may claim the plaintiff contributed to their injuries.

Fortunately, being partially to blame for a truck wreck in Georgia doesn’t automatically preclude people from recovering damages. The state follows modified contributory negligence laws, which means that truck accident victims may still be entitled to compensation, as long as it’s determined they’re less than 50 percent responsible for the crash.

Though partial liability doesn’t bar a truck accident victim from receiving a financial recovery, it can affect the amount of it. Plaintiffs can expect their damages to be reduced by the percentage they were at fault. For instance, if a truck driver was 80 percent responsible for a wreck and the motorist was 20 percent at fault, the motorist’s financial award is reduced by 20 percent to reflect their liability.

You have many legal rights and options after a truck accident, even if you were partially responsible. The knowledgeable and experienced attorneys with Van Sant Law can help you fight for the compensation you deserve and prevent you from taking more than your rightful share of the blame.

Do you have questions about how partial liability might affect your truck accident case? Contact us today to schedule a free initial consultation.