How is fault determined in a truck accident? Truck accident fault is determined through an investigation of the facts of the crash. Lawyers determine fault through establishing negligence on the part of the truck driver or trucking company.
A Duluth truck accident lawyer can determine who is at fault for your trucking collision and, if warranted, request compensation from any liable parties.
How Fault Is Determined in a Truck Accident in Georgia
Fault is determined in a truck accident based on negligence. If you file an insurance claim or injury lawsuit, proof can be used to identify who is liable. The following elements of negligence are also considered relative to your case:
- Duty of Care: This is a legal obligation in which one party is expected to avoid careless or reckless acts that could put others in danger.
- Breach of Duty of Care: A party violates their duty of care if they commit a careless or reckless act.
- Causation: If a party has a duty of care and violates it, they can cause a truck accident.
- Damages: The party who breached their duty of care and contributed to your trucking accident caused you to incur quantifiable or subjective losses.
Slam Dunk Attorney has decades of legal experience with personal injury cases. We are unafraid to bring your truck crash case to trial against the party liable for your collision. Speak to a truck accident attorney from our team.
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How to Prove Fault After a Truck Accident
Your auto insurance company could help you prove a truck driver or another party is to blame for your trucking crash. The business can investigate your collision with the other party’s insurer. If the companies find you are not to blame, you could get compensation for your losses.
Unfortunately, even if you know how fault is determined in a truck accident, a liable party’s insurer can contest your claim. Thankfully, you have legal options. A truck accident attorney can file a lawsuit on your behalf.
Your attorney can explain how the truck accident lawsuit process works. They can gather evidence and prepare an argument that will resonate with the court. If your case goes to trial, your attorney can present your argument and make it clear to a judge or jury why you should be awarded economic and non-economic damages.
Who Can Be at Fault for a Truck Accident
In terms of how fault can be determined in a truck accident, consider who is involved in your crash. A truck driver or their employer could be to blame for your collision. Outside of a trucker or trucking company, parties that could be liable for your crash include:
- Cargo loader
- Truck maintenance provider
- Truck manufacturer
- Government entity
As you consider liability, meet with a truck crash lawyer. Next, your attorney can let you know who is liable for your commercial truck accident. They can develop an argument to show the court that this party should be held accountable for 100% of your collision–related losses.
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Compensation You Can Receive After Fault Is Determined in a Truck Crash
Along with describing how fault is determined in a truck crash, your attorney can teach you about damages. They can discuss the average truck accident settlement in GA and reasons why the court could provide you with compensation. Damages you could recover in a truck collision lawsuit include:
- Pain and suffering
- Medical bills
- Lost wages
- Loss of enjoyment of life
- Emotional distress
- Automotive repair or replacement charges
- Burial and funeral expenses
Just because you sue for damages does not mean you will be successful in proving a party is liable for your truck collision. A truck accident lawyer understands the legal challenges you will face. They can share details about what to expect when you are in a trucking accident and what to do about it.
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Tips to Help You Get Compensation from the Party Liable for Your Truck Accident
Expect challenges during the legal process as you pursue compensation after fault is determined in your trucking accident. You do not have to go through this process alone. Trust a truck accident attorney to provide tips to help you secure damages from the party responsible for your crash, such as:
Calculate Your Losses
You have the right to ask for economic and non–economic damages in a truck crash lawsuit. Let a personal injury attorney who has relevant truck crash case experience handle your case. Your lawyer can learn about your collision, determine your damages, and put you in a position to obtain fair compensation.
Build a Body of Evidence
Just because you say someone is liable for your truck collision does not mean the court will agree with you. Collect accident scene videos and photos, witness statements, and other evidence. If you have an abundance of proof, you could compel the court to provide you with a favorable ruling.
Do Not Speak to an At-Fault Party or Their Insurance Company
A liable party or their insurer could call you and ask you to speak about your case. Rather than risk saying something on the record that could compromise your case, have an attorney speak to either party for you. At this point, your lawyer can discuss your case and keep you updated on their conversations.
Be Cautious If You Receive a Settlement Offer
Getting a settlement offer may seem like you are moving one step closer to your case’s conclusion. Regardless, a proposal could be worth far less than what you deserve. Remain persistent as you pursue damages, allow your lawyer to negotiate a settlement, and be ready to go to trial if an offer does not meet your expectations.
Your lawyer knows how fault is determined in a truck collision. They work diligently to craft an argument that proves you are in no way to blame for your crash. If your lawyer succeeds, you could receive compensation you can use to recover financially from your collision.
Partner with a Personal Injury Lawyer Who Can Hold a Liable Party Accountable for Your Truck Crash
At Slam Dunk Attorney, we want you to focus on bouncing back from your injuries while we take care of your truck accident case. Allow us to represent you in your case against any liable parties. Schedule a consultation with us.
Call or text 404-951-3513 or complete a Free Case Evaluation form
