{"id":1853,"date":"2026-10-22T03:40:54","date_gmt":"2026-10-22T03:40:54","guid":{"rendered":"https:\/\/www.tmaddenlaw.com\/guides\/truck-accident-lawyer-georgia\/truck-driver-says-crash-was-my-fault-georgia\/"},"modified":"2026-11-04T02:16:04","modified_gmt":"2026-11-04T02:16:04","slug":"truck-driver-says-crash-was-my-fault-georgia","status":"publish","type":"page","link":"https:\/\/www.tmaddenlaw.com\/guides\/truck-accident-lawyer-georgia\/truck-driver-says-crash-was-my-fault-georgia\/","title":{"rendered":"Georgia Truck Accident Lawyer: Can You Still Get Paid?"},"content":{"rendered":"\n
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Truck Accident Lawyer | Jonesboro, Atlanta, Decatur, Macon & Augusta<\/p>

Hurt in a Georgia Truck Wreck? Learn How Fault Can Affect Your Claim<\/h1>

T. Madden & Associates, P.C. has represented people injured in Georgia since 1999. Our free, confidential first consultation is open to anyone hurt in a truck crash, and there is no obligation to continue.<\/p>

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Serving Georgia Since 1999<\/h2>\n

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1999<\/h3>

Year the firm began practice<\/p><\/div>

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5<\/h3>

Offices across Georgia<\/p><\/div>

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Free<\/h3>

First consultation, confidential<\/p><\/div>

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24\/7<\/h3>

Phone line available<\/p><\/div><\/div>\n\n<\/div>\n\n\n

By Terance Madden \u00b7 Published October 21, 2026<\/p>\n\n

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If a truck driver says the crash was my fault, can I still get paid in Georgia? Possibly, yes. Georgia uses a shared-fault rule. Where an action is brought for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact determines the plaintiff’s percentage of fault and the judge reduces the amount of damages otherwise awarded to the plaintiff in proportion to that percentage of fault, and the plaintiff is not entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed (O.C.G.A. \u00a7 51-12-33<\/a>).<\/p>\n

What It Means When a Truck Driver Says the Crash Was Your Fault<\/h2>\n

When a driver, trucking company, or adjuster says you caused the crash, they are taking a position. That position is an opening argument. It is not a final ruling on who pays.<\/p>\n

Insurers often raise fault early. They may do it before anyone has pulled the driver’s logs, the truck’s data, or the police file. A fault label placed on a crash at the scene is not the end of the story. The question is decided through evidence.<\/p>\n

You may be reading this for someone else. A spouse, parent, or adult child may be the one who was hurt, and you’re trying to understand what comes next. The same basic rules apply whether you were hurt or you are helping someone who was.<\/p>\n

It helps to ask a few plain questions early. What exactly is the other side saying you did? What is their basis for that claim? Who else was on the road or working on that truck? Written answers give you something concrete to review.<\/p>\n\n

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If a truck driver or insurer has blamed you for your crash, you don't have to sort out the fault question alone. Our team is ready to talk it through with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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How Georgia’s Modified Comparative Negligence Rule Works<\/h2>\n

Georgia uses modified comparative negligence, also called shared fault, under O.C.G.A. \u00a7 51-12-33<\/a>. Under this rule, a fault finding reduces your damages. It does not automatically erase them, but if you are 50 percent or more responsible, you may not receive any damages.<\/p>\n

The key line is 50 percent. The statute says the plaintiff (the injured person who files the claim) “shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed (O.C.G.A. \u00a7 51-12-33<\/a>).” Fault below 50 percent still allows recovery, reduced by your share. Fault at 50 percent or more bars damages under this rule.<\/p>\n

Under subsection (a), the trier of fact (the jury, or whoever decides the case) sets the fault percentage. The judge then reduces the damages in proportion. The fault question asks who did what, and it is measured in percentages.<\/p>\n

How a Fault Percentage Reduces What You Recover<\/h2>\n

A fault percentage reduces the damages award by that share of the total. Here is a labeled hypothetical, not a prediction:<\/p>\n