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Who Is At Fault?

Who Is at Fault in Your Atlanta Truck Accident?

How our truck accident attorney establishes fault under Georgia laws

Auto accident fault laws in Georgia require the person who is responsible for causing a vehicle accident to compensate the victim or the victim’s loved ones for current and future costs and damages resulting from the crash. Georgia law applies a proportional comparative fault rule when calculating how much compensation each party should be awarded for injuries caused by a trucking accident. Under the proportional comparative fault rule, truck crash victims can only recover monetary damages for their injuries if they are less than 50 percent at fault for the accident that caused the injuries.

At McMenamy Law, an Atlanta trucking accident firm, our attorney carefully evaluates the facts of each case to determine fault. We examine:

  • If the tractor-trailer driver or vehicle operator broke a law, such as speeding or running a red light
  • If one party was more at fault than the other
  • Whether a third party, such as the truck loading company, rig owner or trailer owner may be at fault

If you are the victim of a truck crash, speak with our truck accident lawyer before settling with the insurance company. We provide a comprehensive evaluation of case facts and data, including an assessment of how Georgia courts would likely rule on the issue of fault, and outline your potential compensation if negligence is proven.

Who can be held responsible for your accident?

Truck accident victims often pursue claims against negligent truck drivers to recover damages for medical costs, lost wages, pain, suffering and emotional distress. There may be other potentially liable parties to go after as well — many with deeper pockets than the truck driver. At Atlanta’s McMenamy Law, we help people injured in truck crashes identify and go after all parties that are potentially at fault for their injuries, including:

  • Truck drivers — At-fault drivers are typically distracted, speeding, improperly merging or driving too close to another vehicle.
  • Trucking company owners — Owners of trucking companies may be at fault for operating unsafe or poorly maintained equipment.
  • Trucking manufacturers — Trucking manufacturers may be at fault for installing faulty brakes on a semi-truck.
  • Truck loading companies — At-fault truck loading companies are generally found to have overloaded the truck beyond its reasonable weight capacity.
  • Auto mechanics — A mechanic who failed to bleed to brakes may be at fault if the truck crash resulted from an 18-wheeler operator’s inability to stop properly.

The truck accident lawyer at McMenamy Law in Atlanta has the experience it takes to assist you with gathering relevant evidence, determining whether the truck driver, trucking company or another third party may potentially be at fault for causing serious injuries, and pursuing maximum damages.

Contact our Atlanta trucking accident attorney today for a free, no-obligation consultation

To learn more about your rights as a victim of a trucking accident, contact McMenamy Law at 404-846-2828 and 866-957-3928 or online to schedule a free initial consultation. Our office hours are Monday through Friday from 8:30 a.m. to 5:00 p.m., and weekend and evening appointments are available. Additionally, we can also meet with you at your home or hospital. All cases are handled on a contingency fee basis.

Contact the Firm


McMenamy Law is located in Atlanta, GA and serves clients in and around Atlanta, Decatur, Scottdale, Clarkston, Tucker, Avondale Estates, Pine Lake, Stone Mountain, Smyrna, Marietta, Mableton, Roswell, Conley, Austell, Lawrenceville, Forest Park, Dekalb County, Gwinnett County, Fulton County, Cobb County, Rockdale County, Cherokee County, Douglas County, Clayton County and Henry County.

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