It is common for both parties to bear fault in any motor vehicle accident, so if you are partially to blame for a truck accident, you will be held responsible for any damages that were directly caused by your negligence or wrongful action(s). You will still be offered a settlement from the trucking company’s insurance adjuster when you’ve experienced damages that were the truck driver’s fault, and it is up to you whether or not you will accept it.
If you’ve experienced significant, life-changing damages that aren’t covered by the trucking company’s insurance offer, you can still pursue a lawsuit to claim damages if you are less than 50% at fault for the accident. The amount that you receive in a legal settlement will then be reduced by the percentage that you are at fault, due to Georgia’s comparative negligence law O.C.G.A. § 51-12-33.
Here’s what you can expect for the road ahead when you are partially to blame for a truck accident that you’ve been in.
What You Can Expect for the Road Ahead
Truck accidents can be quite complex and are often more difficult to settle than car accidents. Commercial trucks are backed by a trucking company, and the company and its truck drivers are required to follow additional rules and regulations. These rules and regulations can be broken and can prove the fault of the driver/the trucking company for various damages.
After a truck accident, investigations are conducted by multiple parties, including the police, the trucking company’s insurance provider, and more. Damage is assessed and the truck driver’s related records and documents will be looked into to help decide the cause of the accident and divide up the fault.
Settlements With Insurance Outside of Court
Once the accident has been fully investigated by all parties, the truck accident settlement with the insurance providers will begin. Your insurance will cover a certain amount of expenses and you will be contacted by the trucking company’s insurance adjuster and offered a settlement for the damages you’ve incurred.
Many times, the initial offer from the insurance adjuster is less than ideal and doesn’t cover your suffering and expenses in full. You may decide to negotiate the settlement, which often includes the help of a lawyer, or the matter may need to be settled in court. Trying to settle a truck accident outside of court can prove to be difficult when the fault is unclear and many damages have occurred.
Court Settlement
When the case can’t be settled, you will need to prepare for court. Both parties may be claiming damages from one another, and you will need the help of a top truck accident lawyer like Mike Rafi. You will form your case to claim your damages against the trucking company and/or truck driver to recover compensation in full.
It is vital to work with an experienced Atlanta truck accident lawyer to prove negligence. You will need strong evidence in support of your claims, such as pictures, videos, documentation, testimonies, and more. You may need a strong defense to address allegations as well. After all, any settlement winnings will be reduced by the amount of fault you are assigned for the accident.
Common Damages to Claim In a Truck Accident Lawsuit
When you decide to pursue a truck accident lawsuit, Mike Rafi and the Rafi Law Firm team will analyze every detail of your case to figure out exactly what damages you should claim to get full compensation for your expenses and suffering. Truck accidents can produce a wide range of damages that can be claimed in a lawsuit, including:
- Lost wages and future wages
- Personal property damages
- Medical costs
- Pain and suffering and other general damages
- Wrongful death
Your truck accident lawsuit may include one or many of these damages. Mike can help you get the compensation you are entitled to by law.
Contact Rafi Law Firm Today
No matter how complex your case may be, our team is here to help. Mike Rafi has successfully settled and claimed compensation for many truck accident victims and would love to help you decide the best path for you, even when you are partially to blame for the truck accident.
Schedule your free case evaluation with top Atlanta truck accident lawyer Mike Rafi by calling 404-948-3311 or sending our team a message now!