Call us!  (706) 995-7547

Call us!  (706) 995-7547

Truck accidents are often severe due to the size and weight of commercial trucks. If you are lucky to survive a truck accident, you may still have significant medical bills to pay. If the truck accident was not your fault, you might be entitled to seek compensation from the responsible party.

It is, however, hard to determine fault in a truck accident, especially if it involves multiple. That is why it is in your best interest to learn how to determine fault in a truck accident in Athens, GA.

We highly encourage you to hire a skilled personal injury lawyer to determine who is at fault in your truck accident. A good lawyer has the experience and resources to identify all potential parties that contributed to your accident.

Looking for the best truck accident lawyers in Athens, GA? The lawyers at Rafi Law Firm have several years of experience helping our clients in Athens. We can help you gather evidence that you may need to determine who is at fault in your truck accident. We will help identify all parties that might be liable.

How is Fault Determined in an Athens Truck Accident?

Fault in a truck accident is determined based on the law of negligence in Athens, GA. And negligence has four basic elements: duty of care, breach of duty of care, causation, and damages. So, you generally need to demonstrate four basic elements to prove negligence in your truck accident.

If you can prove negligence in your truck accident case, you will be eligible for compensation. Here are the four basic elements you must meet to prove negligence in your accident:

Duty of Care

Firstly, you will need to prove that the responsible party owed you a duty of care.

When we are driving, we all have a legal responsibility to take precautions on the road to ensure safety. So, if the at-fault party fails to do so, their negligence can cause severe or even fatal injuries.

Therefore, truck drivers, trucking companies, and other responsible parties have a duty of care to others on the road. They need to take the necessary precautions to prevent harm to other people.

So, you will need to prove that the responsible party failed to exercise the duty of care owed to you.

Breach of Duty of Care

Secondly, you will need to prove that the responsible party breached that duty of care.

If the truck driver or other party acts negligently, recklessly, or carelessly, then they may breach their duty of care to you. For instance, the truck driver may decide to drive while under the influence of alcohol or drugs.

Remember, a breach of duty of care does not just happen on the road. It can aoccurppen due to the negligence of another party, such as the trucking company or the owner of the truck.

For example, the trucking company may fail to maintain their truck or cut corners to save some money.

Causation

Thirdly, you will need to prove that the at-fault’s breach of duty of care directly caused your injuries, losses, and damages.

To establish that the breach of duty of care directly caused your truck accident, you may need to investigate your truck accident, gather evidence, and hire experts.

It is essential to seek medical attention immediately after a truck accident. Why? Because medical records can serve as evidence of the injuries you sustained in the truck accident. Do not delay seeking medical attention.

Damages

Lastly, you will need to prove that you suffered actual damages due to your truck accident.

The damages can be financial losses, physical injuries, medical expenses, lost wages, physical injuries, pain and suffering, and many more. That is why you need to document your damages.

In fact, if you can document your damages, you will be able to determine the extent of compensation you are entitled to.

In general, if you can establish negligence, you will be able to determine who is at fault in your truck accident. It is, however, not easy to establish negligence, especially if your truck accident involves multiple parties. That is why we recommend hiring a reputable personal injury lawyer.

Let Rafi Law Firm Help You Today

If you or a loved one was involved in a truck accident, you can seek compensation for your injuries and losses. However, truck accidents are complicated, and the legal complexities can be overwhelming.

It is even harder to determine fault in a truck accident. So, if you want to determine fault and recover the maximum compensation you rightfully deserve, you should consult a personal injury lawyer.

Your lawyer can help gather vital evidence, determine liability, negotiate with the insurance companies, and represent you in court.

At Rafi Law Firm, we do not recommend going it alone. We are here to guide, support, and fight for the compensation you are entitled to. We can help you assess the damages you suffered and determine the party at fault in your truck accident in Athens, GA.

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500 North Milledge Ave, Suite 210 Athens, GA 30601