How Do You Get Compensated For A Truck Accident In Georgia?
A truck accident in Georgia can be a devastating event, between the damage to your vehicle and the injuries you may suffer. Surely, the trucker responsible should be made to pay for the expenses you incur – but how?
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Getting into a car accident is one thing. Getting into an accident with a truck is something entirely different. Because of the size of a truck, coupled with the load the truck is carrying, it is more likely you will suffer an injury and damage to your vehicle in a truck accident.
However, even if the trucker is the one responsible, his company – along with its team of lawyers and investigators – may still try to show how the accident was your fault in an attempt to not have to pay your claim.
Don’t let the trucker, his company, or his lawyers boss you around. Call Prieto, Marigliano, Holbert & Prieto, LLC today to speak with one of our experienced personal injury lawyers. We know the sneaky methods trucking companies use to try to get out of having to pay, and we are prepared to fight them for the settlement you deserve.
Perhaps the most important thing you can do in an accident claim is establish who was at fault for the accident. This is because the person who is at fault will be responsible for paying most of the expenses associated with the accident. Even if you believe the accident may be partially your fault, a court may rule more in your favor than in the favor of the trucker who hit you.
Fault and no-fault laws vary by state. In most states in the U.S., including Georgia, the at-fault driver is the one with the most responsibility and who is responsible for paying the expenses associated with the crash.
This is true even if the crash consisted of more than just you and the other driver. If he caused the accident, whether it was with just you or five other cars, then he is legally responsible to compensate everyone he hit.
Types Of Negligence
When a person is found to be “at fault” for an accident, this is another way of saying he was negligent. Determining the level of negligence the other driver’s behavior falls under will also tell you the kind of compensation you should expect to receive.
There are three types of negligence a driver’s behavior can fall under: pure contributory negligence, pure comparative negligence, and modified pure comparative negligence. The state of Georgia only follows the latter, but here is a brief description of each for reference.
Pure Contributory Negligence
Pure contributory negligence basically states that a driver can only recoup money to cover the damages they suffer in an accident if they have 0% of the fault in the accident. Even if a court decides that the driver was 1% at fault, the driver cannot claim pure contributory negligence.
Pure Comparative Negligence
Pure comparative negligence is perhaps the most fair. In this case, drivers are permitted to recoup costs in proportion to their fault in the accident. For instance, if the court determines you were 75% at fault for the accident, then you would be permitted to file a claim for up to 25%
Modified Pure Comparative Negligence
This is the form of negligence that Georgia law follows, and it is essentially a combination of the other two. So, in this case, if you were involved in an accident that was 45% your fault, you can file a claim to recoup the other 55% from the other driver. However, if the reverse was true and you were found to be more responsible for the accident, you would not be entitled to a penny.
For this reason, it is a good idea to have a lawyer by your side when attempting to file a claim in a personal injury case. You may think you’re 55% at fault when really, you’re only 45% at fault. And, as you can see from the above example, this can mean the difference between whether you get a significant payout or nothing at all.
Whether you have been injured in an accident involving a truck or suffered significant damages to your vehicle that you need to recoup, Prieto, Marigliano, Holbert & Prieto, LLC can help.
Types Of Reimbursement
When determining what to pay out on a truck accident, there are several factors that an insurance company is going to consider. The first, of course, involve property damage and medical expenses.
The former is easy to prove with mechanic’s receipts and photos of the damage, but the latter may be more difficult to collect on. This is because even if the other driver is found to be at fault, his insurance company may refuse to pay. The other driver may not have had enough coverage, or the insurance company may find some other reason to deny your claim. In that case, you may want to contact a truck accident attorney for assistance.
Other kinds of reimbursement that you may be entitled to include the diminished value of your car, or the fair market value of a “total loss,” or a car that has been totaled. When a car is totaled, this means that it would cost more to fix it than the car is worth.
Of course, the insurance company will try to pay out as little as it can get away with, so it may be in your best interests to hire a lawyer who will help you fight for every cent you deserve.
Don’t let an accident that wasn’t your fault bankrupt you and leave you destitute. Fill out the form to the right, or call us at (855) 329-7144 to speak with one of our experienced lawyers. We offer a free consultation with no obligation to retain, so what do you have to lose? Call today!