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Can You Still Recover Compensation If Partially At Fault For A Truck Accident?

If you were partially at fault for a truck accident in the state of Georgia, you may still be able to recover compensation. A truck accident lawyer can review your case and determine how much you were truly at fault. Maybe you think you are more at fault than you actually are. If so, you may be entitled to more of a reward than you think.

If You Are Unsure Of What You May Be Entitled To After A Truck Accident, Call Us!

In the state of Georgia, you can absolutely file a claim even if you think you were partially at fault for a truck accident. Of course, the court may award you less money if the other side can prove you were partially at fault, but less money is better than no money at all – which is what you would have had if you had not filed the claim.

Prieto, Marigliano, Holbert & Prieto, LLC can review your case and help you understand just how much compensation you may be entitled to.  Call today to speak with one of our experienced personal injury lawyers. You may be surprised to learn that it is actually worth it to file a claim you might otherwise not have filed.

Georgia’s Modified Comparative Negligence Standard

In the state of Georgia, if you suffered an injury as the result of a truck accident, you may still be able to recover damages up to a certain amount, even if you were partially to blame. However, if a jury finds that you were 50 percent or more responsible for causing the accident, then you will not recover any compensation whatsoever. This is known as Georgia’s “Modified Comparative Negligence Standard.”

A good lawyer can help you build a comprehensive case to show the jury just how much at fault you were in the accident. Even if you were 48 percent at fault, say, you may still receive an award of damages, even if it is a small one in the end.

Across State Lines

One of the many reasons why truck accident claims are so complicated is because they often involve different states’ laws if the driver was driving out of state when the accident occurred. In this case, you may be wondering in which state to file the claim. Filing the claim in Georgia certainly comes with its benefits, including:

  • No-cost lifetime medical treatment
  • No “maximum medical improvement state” (when benefits are limited because the doctor says you won’t improve past where you are at now)
  • A potentially longer period during which you receive benefits

Of course, every personal injury case is different. Our lawyers at Prieto, Marigliano, Holbert & Prieto, LLC can review your claim and determine whether you are eligible to file in the state of Georgia. With benefits like these on the table, it helps to get a second opinion.

Truck Accident Statistics

Despite industry and federal regulations, driving a truck remains one of the most dangerous jobs a person can do. Truck drivers have some of the highest rates of injuries and illness in the workforce. Further, truck driver deaths increased to 7 percent in 2016, which was higher than any other occupation out there.

Truck drivers must have their eyes and ears on the road. It takes a commercial truck longer to stop, especially in bad weather, and the truck’s blind spots are massive. The driver should know this and compensate accordingly. However, sometimes you can do everything right and end up in an accident anyway.

If you are a truck driver who was involved in an accident, you may fear the court will see the accident as being 100 percent your fault, but this is not necessarily true. Let our team at Prieto, Marigliano, Holbert & Prieto, LLC help you fight to prove that the other driver should be held accountable for the accident as well.

Let Us Help You Fight!

Here at Prieto, Marigliano, Holbert & Prieto, LLC, we do not approach a judge until we know the details of your case backward and forward, inside and out. We know not every situation is what it looks like, and we have the necessary resources and experience to back up our claim.

If you are interested in speaking with one of our talented lawyers, fill out the form to the right, or call us at (855) 329-7144. We can help you decide on the best possible path to take, so call today and take advantage of our free consultation with no obligation to retain!