Hurt in a semi-truck accident in Marietta or elsewhere in Georgia? You have the right to hold the at-fault party legally liable for your damages. Many claims are brought against truckers and trucking companies. Unfortunately, getting full and fair compensation can be challenging. This raises an important question: Who is liable in a truck accident? In Georgia, the party (or parties) whoever causes the crash through negligence can be held legally responsible. If the trucking company is denying fault, you still have options available. Within this article, our Marietta truck accident attorney explains what you should do if the trucking company denies liability for a crash in Georgia.
An Overview of Truck Accident Liability in Georgia
As a starting point, it is important to understand that Georgia is a fault-based state for semi-truck accidents. Broadly explained, the party (truck driver, trucking company, or otherwise) that causes a collision through negligence is legally responsible for the resulting damages. Many different parties may potentially be liable for a semi-truck accident. Every serious crash should be thoroughly investigated by a Georgia truck accident lawyer to determine what exactly went wrong.
Multiple parties may share liability for the same commercial trucking accident. Under Georgia law (GA Code § 51-11-7), a modified comparative negligence standard is used to apportion liability.
An injured victim may recover compensation so long as they are less than 50 percent at fault for the crash. Any assigned percentage of fault reduces damages proportionally. Trucking companies aggressively pursue comparative fault defense strategies to reduce their financial responsibility. As an example, imagine you suffered $90,000 in damages in a truck accident in Marietta. If you were found 20 percent responsible for your own crash, you would be liable for 20 percent of your own damages ($18,000). Every percentage point of fault matters.
Note: Neither the trucking company nor its insurance provider has the unilateral ability to determine liability for the crash. They do not get the final say.
Truck Company Denying Liability? You Can Fight Back
A trucking company’s denial does not end your claim. Quite the contrary, it means that it is time to take proactive steps to protect your legal rights and your financial interests. A top-rated Marietta, GA semi-truck accident lawyer can help. There are several different strategies that you can use to fight back against a trucking company that is denying fault, including:
- Securing and Preserving All Relevant Evidence: Evidence is key in every personal injury claim. A semi-truck accident is certainly no exception to the rule. A challenge is that trucking companies often control key evidence in the days following a crash. Some examples include electronic logging device data, engine control module data, dash cameras, maintenance records, and driver qualification files. Your lawyer can help you get access to these records.
- Ensure there is an Independent Crash Investigation: Do not rely on the trucking company’s internal review. Independent investigators examine skid marks, vehicle damage, roadway geometry, and crash dynamics. Reconstruction experts determine speed, braking, and impact angles. Your attorney will handle the investigation.
- Remember to Separate Driver Fault From Company Responsibility: Trucking companies frequently attempt to blame the driver alone. Georgia law does not allow companies to escape responsibility when they control operations and profit from the work. Evidence of unrealistic schedules, insufficient training, or ignored safety complaints strengthens claims against the company itself.
- Challenge Comparative Fault Allegations Early: Remember, insurers raise comparative negligence defenses to reduce payouts. When this type of defense is raised, a prompt rebuttal matters. Vehicle data, witness statements, and roadway evidence often disprove these claims. A top-rated Marietta, GA semi-truck accident attorney can help.
- Make Sure You Have Comprehensive Medical Evidence: Medical records are key to linking your injuries to your semi-truck accident. Indeed, these records are absolutely vital in semi-truck accident claims. A key thing to remember is that liability disputes often overlap with causation disputes. Comprehensive medical documentation ties the collision to the injuries suffered. Imaging studies, surgical records, and treating physician opinions counter defense claims that injuries were pre-existing or unrelated. The more evidence that you have, the better positioned you will be to get justice and the maximum compensation.
Recovering the Maximum Compensation for a Truck Accident
Hurt in a tractor-trailer crash in Marietta or elsewhere in the surrounding region in Georgia? It is important to know that the trucking company does not get to make the final decision on your compensation. Neither does any insurance company. Even if the trucking company is denying liability, you have the right to seek full and fair financial compensation. Along with other damages, our Marietta semi-truck accident attorney is prepared to help you seek compensation for:
- Vehicle repairs;
- Ambulance costs;
- Emergency room care;
- Hospital bills;
- Other medical costs;
- Physical therapy;
- Lost wages;
- Loss of earning power;
- Pain and suffering;
- Mental distress;
- Long-term disability; and
- Wrongful death.
How Our Marietta Truck Accident Attorney Can Help
Trucking companies are simply not on the side of injured victims. In too many cases, they fight aggressively to deny their liability, even if their responsibility is clear. At The Persons Firm, LLC, we are a proactive, solutions-focused law firm that puts victims and families first. Our team knows how to hold truck companies and their commercial insurers accountable. With more than $100 million in settlements and verdicts, our case results show what we can do for clients. Your consultation with our Marietta tractor-trailer accident attorney is free, confidential, and without obligation.
Call Our Marietta, GA Semi-Truck Accident Lawyer Today
At The Persons Firm, LLC, our Marietta tractor-trailer accident attorney is committed to putting victims and families first. If you or your loved one was hurt in a semi-truck wreck, we are here to help. Contact us now to set up a free, no obligation initial case review. With a law office in the 30060 zip code of Marietta, we handle truck accident claims throughout the region, including in 30008, 30080, 30090, 30065, 30066, 30067, and 30068.