How is fault determined in a truck accident?

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truck accident faultAlthough truck accidents involve commercial trucks, they are dealt with similarly to car accidents in that they follow Georgia’s comparative fault law. Commercial trucks can cause a lot of damage to other vehicles, but the truck driver may not be fully at fault. Determining fault in a truck accident is done through:

  • Investigations
  • Police report
  • Settlement negotiations
  • Legal action

Unless it was clear who was at fault for the accident, you must have strong evidence to prove the fault and negligence of the other driver in causing your damages. That helps you claim all of the compensation you deserve. 

If you need help proving fault in a truck accident case, leading Atlanta truck accident lawyer Mike Rafi has the experience and success to get you the results you deserve. Call 404-948-3311 or send us a message to get a free, no-obligation consultation.

Investigations 

Investigations are the most important part in determining fault in truck accident. Several parties may be conducting the truck accident investigation, including the police, the insurance adjusters, lawyers, and more. 

To decide who is at fault, all witnesses, drivers, and passengers involved will be interviewed to get to know what happened, how it happened, and who is at fault. If there is any evidence of traffic law violations, such as speeding, running a red light, or reckless driving, the responsible party may be given a ticket, and this can be used to decide fault.

Since truck accidents involve commercial trucks, there are more aspects to be investigated. Investigation parties will look at the truck driver’s logs and workday documents, the “black box” or electronic control module (ECM), and more. They can review important aspects for determining fault in truck accident case, such as:

  • The truck’s GPS location information
  • Whether or not the driver was wearing a seatbelt
  • Speed of the truck right before the accident
  • Brake pressure
  • Communications

Police Report

Once police are notified and come to the scene, they begin to write the police report to document all aspects of the case. Any notes during investigations will be logged and used to determine who may be at fault and how much each party is at fault for the accident.

It’s important to document your own evidence and get a copy of the police report for your records, in case your damages aren’t covered in settlements outside of court. After the police are done assessing the scene and filling out the police report they will work to finalize the report to send to insurance adjusters.

Settlement Negotiations

Once the police report is finalized, settlement negotiations will begin, and the trucking company’s insurance adjuster will likely contact you directly to settle the accident and pay for damages that the company is liable for. They may offer you a low truck accident settlement, hoping to keep costs low for the trucking company, settle quickly, and keep the case outside of court.

Keeping the case outside of court may be in the trucking company’s best interest, but unless you are 50% or more at-fault for the accident, you may be able to get significantly greater compensation through legal action. It’s best not to negotiate with the trucking company’s insurance adjuster on your own. You don’t need to accept anything less than what you deserve.

If you feel any pressure to settle for less than what you are owed, give Mike Rafi a call at 404-948-3311 to get legal representation and fight for the compensation that you’re entitled to receive.

Legal Action

Sometimes, it takes legal action to get full compensation for your losses. Meeting with a truck accident lawyer like Mike Rafi will help you decide how best to settle your case and determine the amount of compensation you deserve from the actual damages, losses, and suffering you’ve experienced. Mike may negotiate on your behalf with the trucking company’s insurance adjuster before taking more serious action. 

To prepare for a legal claim, we will assess all of your damages that were caused by the accident, including past damages and future damages, and we will need strong evidence to prove truck driver negligence and fault of the other side to win compensation. There must be a breach of duty of care that caused the actual damages you’ve incurred. We will file a claim to collect compensation from the at-fault party and prove liability for the damages.

Many parties can be held liable in truck accident cases versus a typical car accident. Parties include the truck driver, the trucking company, the other driver(s), and their insurance providers. In some cases, a truck manufacturer can be held liable, such as when a defective part caused the accident. If you had any fault in the accident, any compensation that you collect in court will be reduced by the percentage that you are at-fault.

Call Top Truck Accident Lawyer Mike Rafi to Help Win Your Case

Mike Rafi has a winning history in truck accident lawsuits, recovering millions of dollars for clients. Whatever the details of your case may be, Mike will use his success and experience to get you on the right track to full recovery – call 404-948-3311 or schedule a free consultation now to get started.

2021-01-05T11:35:07-05:00