Fayetteville Truck Accident – Who is Liable?

On June 20, 2022, a Penske rental truck driver lost control of his vehicle when an automobile driver attempted to change lanes without first checking his rear-view mirrors and struck the truck. The rental truck then cascaded off the road and crashed into a building on North Glynn Street that housed a CVS Pharmacy.

No Injuries To Customers or Employees

The CVS store manager, alerted to the crash when she heard a loud noise, needed firefighters to help her out of her office, but neither the manager nor any employees were injured. The two truck vehicle occupants were transported to Grady Hospital as a precautionary measure.

Tracing Georgia Truck Accident Liability

If you are injured in a Georgia truck accident, you have 24 months to sue the truck driver or any of the other parties that might be involved in the accident. Liable parties could be:

• The truck driver.
• The rig’s owner (this may not be the driver).
• The truck’s manufacturer (if you can prove that faulty parts caused the accident).

If the accident is similar to the Penske/CVS mishap described above, a retail store could also be liable for damages related to premises liability. GA Code § 51-3-1 (2020) states that land owners or tenants are liable for injuries caused to persons invited on his or her premises if those injuries were caused by the owner’s “failure to exercise ordinary care in keeping the premises and approaches safe”

Georgia’s Modified Comparative Fault System

Some states have no-fault rules concerning damages that result from accidents. Parties injured in no-fault accident states are required to file claims with their own insurance companies no matter which party might be at fault. 

Georgia, however, is an at-fault state that uses a complex system called modified comparative negligence. In Georgia, an injured party can receive damage payments as long as he/she was found to be no more than 49 percent negligible. If you are involved in an accident but are found to be at least 50 percent at fault, you will not be able to recover damages.

If That Sounds Complicated, It Is!

Some states utilize a pure comparative negligence system where an accident victim is not entitled to any compensation even if shown to be only five percent at fault, for example. 

That is not how it works in Georgia; if a person was found to be 20 percent responsible for an accident, the victim could still enjoy an 80 percent recovery, as long as, again, they were not more than 49 percent responsible for the accident.

How To Establish Negligence in Georgia

Establishing negligence can also be complicated. Let’s use our CVS truck accident as an example:

1. The defendant had a duty of care. The car driver had a duty to other drivers to drive carefully.
2. The defendant breached that duty. The car driver changed lanes in front of the truck without looking.
3. That breach caused an injury. The two truck occupants had to go to the hospital.
4. The injury resulted in a monetary loss. The two truck occupants had costs for medical treatment.

Unfortunately, proving negligence is not always that easy as defendants can try to maintain that a portion of the accident may have been someone else’s fault. 

Call Richard D. Hobbs & Associates Today

If you are involved in a truck or automobile accident in Fayetteville, Peachtree City, Newnan, Jonesboro, McDonough or Hampton, don’t try to interpret the law yourself. Instead contact Richard D. Hobbs & Associates at 678-737-2457 or contact them online for a free consultation.

The compassionate attorneys at Richard D. Hobbs & Associates will take the time to evaluate your case and advise you as to the proper next steps.