How to Prove Who’s at Fault in a Georgia Truck Accident

• June 11, 2025
• Attorney David Mann
• Truck Accidents

You are driving on I-16 when a large truck unexpectedly moves into your lane and sideswipes you. Your car veers into a ditch and comes to a stop. You realize right away that your injuries are severe and you are rushed to the hospital. You know you want to file a claim against the driver, but you are not sure who is at fault for the truck accident.

When you file a personal injury claim, you need to prove that the other person was liable for your injuries. Generally, liability rests with the person who is legally responsible for the accident and for the injuries you sustained. In order to get compensation, you need to prove that the other person was liable.

In this blog post, we will help you understand how to prove who’s at fault for a Georgia truck accident .

Understanding Negligence: The Key to Liability

The most important aspect of liability is negligence. Negligence means acting carelessly or not doing what a reasonably careful person would do on the road. One example of acting negligent while driving is running a red light.

There are four elements of negligence that need to be satisfied in order to claim that someone was liable for the accident. Those elements are:

• Duty – Truck driver and trucking companies have a duty to follow state and federal traffic laws and to make sure they keep other drivers safe.
• Breach – A breach in duty means that the truck driver failed to do their duty to keep other drivers safe. An example would be excessive speed or distracted driving.
• Causation – The breach in duty caused the accident to occur. For example, distracted driving caused the truck to veer out of its lane and sideswipe your car.
• Damages – The breach in duty caused your injuries. For example, your leg broke because your car was pushed off the road by the distracted driver.

All four of these elements must be proven in order to prove negligence, resulting in your getting compensation for your injuries.

Common Reasons Truck Accidents Happen

While there are many reasons why truck accidents happen, there are more common reasons than others. Those reasons include:

• Driver fatigue – A fatigued truck driver does not have the reaction skills needed to drive a large vehicle. That is the reason for state and federal laws regarding driver hours.
• Distracted driving – Distracted driving has increased over the years because of cellphones and other truck amenities.
• Speeding or reckless driving – Large trucks are dangerous in and of themselves, but when drivers speed or drive recklessly, accidents can be more severe than with smaller vehicles.
• Improperly loaded cargo – Improperly loaded cargo can shift or fall off the truck, causing major accidents.
• Poor truck maintenance – Poorly maintained trucks can cause malfunctions which then can lead to accidents.
• Driving under the influence – Many accidents are caused by drivers using drugs and alcohol, but when trucks are involved, the consequences can be much worse.
• Breaking traffic laws – Truck drivers who break traffic laws in any way can cause major accidents with severe consequences due to the size of the truck.

Any one of these reasons for truck accidents can be the causation needed to prove negligence and get compensation for your injuries.

Types of Evidence to Prove Liability

In order to prove liability, you will need to present evidence that the truck driver’s negligence caused the accident and, subsequently, your injuries. There are many ways to prove liability, including:

• Police Reports – You should always obtain a police report of the accident even if you think your injuries are not serious. A police report will contain a description of the scene as well as the officer’s opinion on what happened to cause the accident. Although helpful, the officer’s opinion is not final and may not stand up in court.
• Witness Testimony – Eyewitnesses can be an important piece to proving liability because it comes from a third party who witnessed what happened. Also, witnesses may have caught the accident on camera, which can be extremely helpful in proving fault.
• Physical Evidence from the Scene – The actual accident scene can tell a story about what happened. Damage to the vehicle, skid marks and debris can help you in proving liability. Also, photos and videos you take of the accident scene could be determining factors as to who was liable
• Trucking Company Records – Trucking companies have to keep records of every truck in their fleet, including driver logs and maintenance records. These records can show if the driver worked too many hours or if the truck wasn’t maintained as it was supposed to be.

How A Lawyer Can Help With Your Trucking Accident Claim

Truck accidents can be very complex, so it is important to work with a knowledgeable and experienced truck accident lawyer on your claim. Specifically, a lawyer can help you by:

• Investigating the accident thoroughly and advising on whether you have a case and how much you could obtain in compensation
• Gathering and analyze evidence to support proving liability for your claim
• Interviewing witnesses to help further prove liability
• Negotiating with insurance companies for a fair settlement for your injuries
• Filing a personal claim in court if a fair settlement can’t be reached.

Some accident victims think they can represent themselves in their claims. However, insurance companies hire high priced lawyers to defend claims against them and you should be armed as well. You only get one chance to file a claim. Make it count.

Call The Truck Accident Attorneys At the Mann Law Firm Today

We understand how a truck accident can cause continuous stress and anxiety. At the Mann Law Firm, we help ease the stress by standing up for our clients’ right and fighting for their right to compensation. Give us a call today at (478) 742-3381 for a free consultation.