Liability (fault) is a primary concern in the majority of personal injury proceedings. In most cases, a judge’s or jury’s main goal is to determine which party, defendant or plaintiff, is at fault for a car accident. While many people think establishing liability answers a “yes or no” question, the state of Georgia determines liability on a spectrum through comparative negligence.
Comparative Negligence & Car Accidents
Georgia’s comparative negligence law states that authorities can find more than one party accountable for an accident and that accountability needs to be broken down into percentages. Georgia authorities look at the facts of a case and then use fault percentages to determine if drivers/passengers/pedestrians will receive compensation for their injuries.
Therefore, multiple drivers can be at fault for the same accident in Georgia.
Some states adhere to pure comparative negligence laws to determine compensation potentials in car accidents. When using pure comparative negligence, a plaintiff may be at fault for 99% of an accident and still recover 1% in compensation. However, Georgia adheres to a modified comparative negligence rule.
Modified Comparative Negligence
Modified comparative negligence is when a plaintiff can only recover damages if he or she is less than 50% at fault for an accident. Therefore, if a Georgia court determines that a plaintiff is 50% at fault for an auto accident, he or she will lose the right to any recovery.
If a court finds a plaintiff less than 50% at fault for an accident, the plaintiff’s award amount will decrease based on his or her determined percentage of fault. For example, if a judge determines that a plaintiff is 10% at fault and the recovery award is $100,000, the award will decrease by 10% to result in a $90,000 recovery.
Need Help Filing a Case?
If you or a loved one is injured in a car accident, it’s always wise to talk to an experienced personal injury attorney about your case. The Dickinson Law Firm offers free consultations and works on a contingency fee basis, which means you don’t pay unless we win!
Looking for risk-free representation? Call (770) 766-7739 now for a free consultation!