After a serious accident, many victims are shocked to discover the trucking company is blaming them for what happened. Unfortunately, anyone accused of causing an accident must take the complaint seriously. Your ability to receive compensation in Georgia rests on showing the other side was at fault for the collision and your share of blame, if any, was minimal. Call Stewart Miller Simmons Trial Attorneys today to speak with an Atlanta truck accident lawyer. We know how trucking companies use accusations of comparative negligence, and our firm responds vigorously.
Here are some reasons you might be blamed for a wreck. You can reach our office at (404) 529-3476.
You Cut Off the Truck
Failing to yield is a leading cause of accidents, so a trucker might blame you for refusing to yield. Of course, you probably believe the trucker should have yielded to you.
These accidents often happen at intersections, where a truck driver refuses to yield as you are going through a green light. The truck can ride over or smash into the smaller vehicle, leading to some gruesome injuries.
Often, witnesses make a difference when the dispute involves which driver had the right of way. A witness might agree you had a green light or had arrived at the intersection first and therefore could proceed before the truck driver. Contact a car accident lawyer at Stewart Miller Simmons Trial Attorneys for assistance with finding evidence and speaking to witnesses. You might have been too injured at the scene to get the names of witnesses, which is understandable.
You Were Tailgating
Tailgating is a good way to get into an accident with a truck. If you follow too closely, then you don’t leave yourself enough space to come to a full stop when the truck driver slows down.
In many cases, the trucker simply brake checked or stopped for no reason, which caused a crash. You were not following too closely; there was simply no reason for the trucker to stop. We can try to support your claim with witness testimony or dashboard video, if you have it.
You Lingered in a Blind Spot
Truckers should check their blind spots and always maintain awareness of the location of other vehicles. If a trucker can see a car in an adjacent lane and then can’t, they should assume the vehicle has entered their blind spot. Truckers can also crane their necks or even look out the window to double check a lane is clear.
Sadly, some truckers simply change lanes without concern for whether another vehicle is already in the lane. We can seek compensation when a trucker refuses to check a blind spot.
You Put Off Car Maintenance
Sometimes our clients drove safely but their car malfunctioned and caused a collision. Whether you will be liable depends on whether the malfunction was foreseeable. Did you know the brakes were shaky or the tire pressure was low? If so, then you could share fault for the crash.
Let’s review your vehicle’s maintenance history, including any error codes on the car.
You Drove While Distracted
No motorist should be distracted by cell phones or anything else while out on the road. Were you texting or talking on the phone before the crash? If so, then you might have some fault for the crash.
Many truckers are also distracted, using electronic consoles or devices inside the truck, or else they are distracted by a passenger. When both a driver and a trucker are negligent, then we must apportion fault between the two.
We can find evidence that a trucker was not paying attention while driving. Cell phone records are a good place to start, since they will show when a trucker either talked on the phone or sent a text message. We can also ask questions in a deposition under oath.
Freely discuss with your attorney whether you were also distracted. We don’t want to be blindsided by phone records which show you were taking a call before a crash.
You Fell Asleep
Many head-on collisions are caused by one motorist nodding off briefly and losing control of their vehicle for a split second. This vehicle drifts over the centerline, crashing head on with other vehicles.
What happens if the trucker went over the line but is blaming you? This is one reason to quickly take photographs of the vehicles after a crash. Your photos can show the truck is over the line and in the wrong lane, not your vehicle. That type of evidence is some proof you were not driving negligently, and you did not fall asleep.
Truckers work long hours, so the risk of fatigue-related accidents is high. Nonetheless, you need to be prepared to defend yourself from false accusations. Our team can seek evidence to prove a trucker was on the road for too long. Some critical pieces of evidence include data from the truck and the logbooks.
Why Comparative Negligence Matters
Trucking companies and other defendants don’t blame victims for the accident for no reason. There is a solid legal strategy behind these accusations. Under Georgia law, if you were 50% or more at fault, then you cannot receive any compensation. That means the other side could be as much to blame as you are, but it doesn’t matter. They get away without having to pay anything.
Even if your share of fault is less than 50%, you can see your compensation cut by your share of fault. That means you will get less money for significant injuries. Suppose you are 40% to blame, and your injuries are worth around $120,000. You would only get 60% of this amount after deducting for your comparative negligence. That would represent a loss of more than $70,000.
Call Our Truck Accident Lawyer in Atlanta
Truck accidents are high-stakes personal injury cases. Trucking companies in Georgia have grown very large, and they have law firms dedicated to getting claims dismissed. If you were hurt in a crash, you deserve a seasoned law firm in your corner to help document the crash and your injuries. Stewart Miller Simmons Trial Attorneys can then negotiate a settlement or file a lawsuit in court to seek accountability. Contact us to schedule your free consultation.