Suffering an auto-related injury is a harrowing experience. In addition to the physical consequences you may have suffered, you may also find yourself facing steep medical expenses and a lengthy recovery time, keeping you out of work. Such is the perilous spiral of needing more money without being able to work for it. Having represented auto accident victims throughout Gwinnett County for more than three decades, personal injury attorney Tom Cain understands the struggles associated with car, truck and motorcycle accidents.
Statute of Limitations
In Georgia, victims of auto-related injuries have two years from the date of the accident to file a personal injury lawsuit. Georgia residents have an additional two years (four total) in which to file a suit seeking property damages. This is especially relevant if your car, truck or motorcycle suffered significant damage that was not evident immediately following the crash. Keep in mind that these statutes of limitations have no bearing on your filing an insurance claim, only civil claims.
“Modified” Comparative Fault
In the state of Georgia, you can receive compensation from any party that is more at-fault than you are for an auto-related accident, though your recovery may be reduced by a percentage equal to your own liability. In other words, if you are found 30% responsible for the accident, the damages to which you’re entitled will be reduced by 30%. This is why it’s so important to always use your turn signals, obey speed limits, etc. Furthermore, because Georgia is a “modified” comparative fault state, you will not be entitled to any damages if you’re found to be more than 50% responsible for an auto accident.
There are numerous factors at play in any truck accident, and the list of people (and businesses) who may be held responsible is often quite extensive. For example, the following entities may be held liable for a truck-related accident in the state of Georgia:
- The truck driver
- The truck owner
- The person and/or company that leased the truck
- The manufacturer of the truck — specifically, the defective part(s) that caused the accident
- Whomever loaded the truck’s cargo
Trucking, hauling, and leasing companies often fight among themselves over whose insurance will pay the damages to which you’re entitled. An experienced personal injury attorney can take care of the dirty work of negotiating with insurance adjusters while you focus on what matters most: getting healthy and back to your normal life.