An accident does not always happen because of a single mistake made by one person. There are some situations where more than one person is to blame, which sometimes means you may have to shoulder some of the fault in the case. Many times, we receive questions like, “What if I was partially at fault for a truck accident?” People wonder if they have the ability to obtain compensation if they may have contributed in even a minor way to the incident.
At John Foy & Associates, we understand these difficult situations. We do not want you to feel victimized again. Contact an Atlanta truck accident lawyer immediately if you may be to blame or the insurance company thinks you are. Allow our attorneys to help fight for the compensation that may still be owed to you.
Recovering Losses in Georgia if You Are Partially to Blame for an Accident
Yes, if you are partially to blame for a car accident, it is possible to still secure compensation from the other party. Whether or not this happens depends on how much at fault you are. Ultimately, if you are considered less than 50% at fault in the car accident, you have the ability to recover those excessive damages from the other party.
In this case, the amount of your claim is reduced by the percentage of fault assigned to you by the court. For example, if you are found to be 20% at fault, that means that you can file a claim with the insurance company, but the amount would be 20% less than what your total losses are. The responsible party pays the remaining amount.
If you are found to be 50% or higher at fault, then you cannot pursue compensation for your losses. In this situation, your own insurance may cover the losses, or you may have to pay for the losses you have out of your pocket. These rules fall under Georgia Code §51-11-7, which is the state’s comparative negligence law. The state follows a modified comparative negligence system.
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Why You Should Obtain an Attorney if You Are Partially at Fault in a Truck Accident
There is no doubt that you should have an experienced truck accident attorney by your side if you are at fault or not. When you have a partial fault in a case, you want to be sure your attorney will be by your side as you take on the trucking company’s insurance.
This is critical because they may work to prove you were at a higher percentage of fault than initially thought, or they will work to reduce your claim significantly in any way they can. Your truck accident attorney can help you in a number of ways:
Help Gather Evidence to Support Your Claim
That includes gathering evidence through videos, photos, witness statements, and other data that clearly demonstrates that you were not at fault or at less fault.
Work to Better Estimate the Percentage of Fault that Should Be Assigned to You
Your attorney will work to determine if you are at fault at all due to any new evidence available or work to reduce the percentage of fault assigned in your case. Often, they will show the jury or judge, if needed, that the initial estimation was not correct.
Determine All of Your Damages
The attorney is also going to help ensure that all of your damages are factored into your claim. If you leave out some of your eligible losses, you end up having to pay even more in the long term. Our team will ensure that you are never in a position where your financial losses from an accident another person causes are taxing, whenever possible.
Negotiate with Your Insurance Company or Go to Court
Our truck accident attorney will issue a demand letter that outlines the amount of compensation you are owed. This is then submitted to the insurance company and negotiated to ensure that you get the maximum amount possible.
Seek Legal Action When They Will Not Settle
Your attorney will file a lawsuit for you if the insurance company refuses to provide you with the settlement you are owed.
Our legal team will fight for you. With high-powered truck accident attorneys working for the trucking company, you need to be sure that you have the legal support you need to fight for the compensation you are owed. Let us take a closer look today.
Do Not Assume You Will Receive Compensation
Do not make the mistake of assuming that since the other party is responsible for the largest percentage of loss, the insurance company will automatically award you with a significant amount of money. They will continue to work to reduce that amount, aiming to prove that the claim is inaccurate or that there is missing information.
Many times, truck driver insurance companies are very persistent in reducing claim payouts, and that is why it is so critical for you to have an attorney with ample experience to fight for you. You can trust that we will be there to do that. We will work to help you recover any damages owed to you, including for:
- Medical bills
- Lost time at work
- Cost of long-term recovery needs
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of consortium
We also will work to show that you may not be at fault at all whenever it is possible to do so. That could mean that you will get more of the compensation owed to you.
Set Up a Consultation with Our Truck Accident Attorneys Now for Help
At John Foy & Associates, we understand that this type of partial fault can seem like a worrisome situation. Yet, our legal team will work dedicatedly to help support you as you pursue compensation. Even if you are partially at fault for a truck accident, you may be owed compensation. Let our legal team prove that. Start with a free consultation and discuss your case with our experienced legal team.