Georgia’s modified comparative negligence rule entitles an injured motorist to compensation as long as they bear less than 50 percent of the fault for the car accident. However, a court may reduce the financial recovery in proportion to the party’s share of fault. Drivers who bear 50 percent or more responsibility for a crash are barred from recovering compensation from other at-fault parties.
The comparative negligence rule is just one reason it is so important to work with a Georgia car accident lawyer from Sherrod & Bernard, P.C. Our experienced personal injury lawyers are ready to seek maximum compensation for you by working to minimize the share of fault assigned to you.
Is Georgia a Fault or No-Fault State?
Georgia employs a fault-based system for car accident claims, entitling individuals who sustain injuries in crashes within the state to sue at-fault drivers or other liable parties for all the losses incurred due to those injuries.
States generally have either a fault-based or no-fault car insurance system. A fault system allows an injured car crash victim to file a lawsuit against the parties at fault for causing a car accident to seek compensation for all their losses, such as:
- Medical expenses
- Ongoing and future lost wages
- Costs of long-term disability care
- Pain and suffering
- Lost quality of life due to disabilities or disfigurement and scarring
Conversely, other states using a no-fault system require an injured car accident victim to first seek compensation from their own auto insurance provider under their personal injury protection (PIP) coverage, regardless of who was to blame for the crash. An injured party may pursue a claim against an at-fault party under certain circumstances in a no-fault system, such as when they have exhausted their PIP coverage or suffered a qualifying injury or disability.
What Is Comparative Fault in Georgia?
Georgia’s comparative negligence rules apply when two or more parties share fault for an accident. The comparative negligence system is intended to ensure that each at-fault party bears liability for injuries and losses caused by an accident in proportion to their share of fault. The situation is different in states with contributory negligence laws. Under contributory negligence, a party partially to blame for causing an accident is barred from recovering any compensation, regardless of how small their percentage of fault was.
Under the comparative negligence rules in Georgia, an injured driver who bears less than 50 percent of the fault for an accident may still seek compensation from other at-fault parties. However, their award would be reduced according to the percentage of fault the court assigns to them.
An injured driver’s right to seek financial compensation after a car accident in Georgia will depend on the applicability of the comparative fault rule. In a comparative fault system, a person injured in an accident may be assessed a share of fault for causing the accident, which will affect the amount of compensation they can recover as a result.
Although Georgia’s comparative negligence system allows partially at-fault parties to recover compensation for their injuries, it can also affect the amount of compensation a party can recover. Generally, the degree of fault an injured party bears for an accident will proportionally reduce their financial recovery. For example, suppose a driver suffered $100,000 in losses from a car accident that a jury finds them 40 percent at fault for causing. In that case, the comparative negligence rule would require the court to reduce the injured driver’s recovery by $40,000 to reflect their share of responsibility, awarding the driver the remaining $60,000.
Comparative negligence rules can have a significant effect on your Georgia car accident case. The application of the rules can limit the amount of compensation you receive from other at-fault parties for your injuries and losses.
That makes it important to conduct a thorough investigation of the car accident to recover all available evidence to prove who caused the accident and the share of responsibility that each at-fault party should bear.
At Sherrod & Bernard, P.C., we conduct our own investigation of a serious car wreck involving injuries to identify who is at fault. We seek to collect evidence to support our client’s claim. That helps us respond more effectively when insurance companies try to shift the blame for the crash. If an insurance company refuses to pay you fair compensation, our attorneys will be prepared to file a lawsuit and pursue your claim in court.
What Is the 50 Percent Rule in Georgia Car Accident Claims?
Georgia follows a modified comparative negligence system. Under Georgia’s modified comparative negligence rule, you may pursue a claim for compensation against another party at fault for an accident and your injuries as long as the party that you are seeking compensation from bears a greater share of fault for the accident than you do, and your fault does not exceed 50 percent.
Even if you are entitled to file a claim against another at-fault party, Georgia’s comparative negligence laws also mean that any compensation you might receive for your injuries and losses will be reduced in proportion to your share of fault.
What Evidence Proves Fault in a Car Accident in Georgia
Attorneys, insurance companies, and juries may rely on various types of evidence to identify the parties at fault for a car accident and apportion liability among the responsible parties. Some potential examples of critical evidence in a personal injury case from a car crash might include:
- Information from police accident reports
- Accident scene photos or videos of vehicle damage, skid marks on the road, traffic signs or signals, visual obstructions, positions of vehicles, and road, weather, or lighting conditions
- Surveillance or traffic camera footage
- Dashcam or cell phone videos
- Eyewitness statements
- GPS logs
- Cell phone records
- Event data recorder (black box) logs
- Accident reconstruction expert testimony and reports
What Are Examples of Comparative Fault in Georgia Car Accidents?
In some car accident cases, both drivers involved in the crash share partial responsibility for the accident. For example, a car accident at an intersection may occur because one driver failed to yield to an approaching driver who was speeding and distracted by a cell phone. In that situation, both drivers may be assigned fault for the crash.
The exact share of fault that each driver may be assigned will depend on factors such as the evidence from the crash, eyewitness accounts, and expert accident reconstruction reports.
Let’s assume, for example, that one driver was found to be 75 percent responsible for an accident while the second driver was found to be 25 percent responsible. If the second driver ended up sustaining $100,000 in losses from the accident, Georgia’s comparative negligence rules state that the driver’s compensation should be reduced by $25,000 to reflect the driver’s 25 percent share of fault for the crash.
Here are some practical examples of how comparative fault works in Georgia car accident claims:
- Rear-end collisions – Drivers are responsible for leaving a sufficient following distance between themselves and the car in front of them. As such, many people assume the driver in the rear is solely at fault for a rear-end crash. However, both drivers may bear fault for the accident. For example, the driver in front may be at least partially to blame if they suddenly cut in front of another driver and hit the brakes, as such a maneuver might constitute negligent driving.
- Intersection accidents – In an accident that takes place in an intersection, both drivers may share liability if one driver speeds while proceeding straight through the intersection and has a collision with another driver who negotiates a left turn without signaling.
- Lane-change accidents – Comparative negligence may apply in lane change accidents when a driver speeding in the left lane collides with another driver who changes into the left lane without signaling or checking their mirrors for oncoming traffic.
How Can Comparative Negligence Affect My Car Accident Settlement Negotiations?
Strictly speaking, comparative negligence laws apply only to court judgments, not insurance claims. However, the rule nonetheless affects settlement negotiations in personal injury cases, as insurance companies base their offers on what they believe will happen in court.
An insurer might use the comparative negligence law as a justification for offering less than the total amount of losses incurred by a car accident victim. Thus, comparative negligence can affect an injured driver’s financial recovery in a car accident settlement.
Contact an Experienced Georgia Car Accident Attorney Today
Contact Sherrod & Bernard, P.C. today for a free, no-obligation consultation with a car accident lawyer to discuss your rights to financial recovery and how the comparative negligence laws may affect your rights.
