Georgia follows a modified comparative negligence law. Under this law, you can recover compensation even if you are at fault for your injuries. However, your compensation will be reduced based on the degree of fault assigned to you. You cannot recover compensation if you are 50 percent or more at fault.
What Are the Four Elements of Negligence in Georgia?
To understand how comparative negligence works, you should know the basics of negligence. Someone whose negligent actions or inaction leads to another person’s injuries can be held financially responsible for those injuries.
Negligence claims must prove the following four elements:
- Duty — The defendant was obliged to act safely and avoid putting others in danger. For instance, all drivers in Georgia must obey traffic laws and avoid jeopardizing the safety of other road users.
- Breach — The defendant failed to meet that obligation by texting while driving or failing to fix a hazardous condition, such as a broken step on their property.
- Causation — The accident and injuries directly resulted from the defendant’s failure to act responsibly. In other words, the accident would not have happened if the person had behaved with care.
- Damages — The injured party experienced actual harm because of the accident. This harm could include physical injuries, emotional distress, or financial losses, such as medical bills or missed work.
Proving these elements can be difficult, especially if the other side argues you were partly to blame, and comparative negligence comes into play.
What Is the Comparative Negligence Law in Georgia?
Georgia’s comparative negligence law allows you to recover damages even where you are partially at fault for the accident. However, Georgia’s comparative negligence laws have a 50 percent bar, meaning the following:
- You have a right to recover compensation if you are less than 50 percent at fault for the accident, and your share of fault will reduce the amount you recover for the accident.
- If your share of fault is 50 percent or more, you cannot recover compensation.
For instance, suppose you are 20 percent responsible for an accident. Your total damages are $100,000. Due to your share of responsibility, your compensation will be reduced by 20 percent, leaving you with $80,000.
How Does Comparative Negligence Affect Georgia Damage Awards?
The allocation of fault between parties directly influences the compensation in accident claims. Insurance companies often use the contributory negligence rule to reduce payments to the injured party. For this reason, you should have an experienced personal injury attorney who will build a strong case on your behalf.
Comparative negligence can arise in several different types of accidents, including some of the following types of cases:
- Car accidents — Suppose two drivers get into an auto accident. At the time of the crash, one driver sped, and the second driver failed to yield the right of way. Both drivers may share liability for the crash, which could reduce their compensation or prevent them from recovering any compensation.
- Slip and falls — Another example is when someone slips and falls at a grocery store. The manager may have known a freezer unit was leaking and causing a puddle. Rather than fix the leak promptly, they may have posted a notice on the freezer door warning of the hazard. The manager could be at fault for failing to fix the leak, while the customer could be to blame for failing to notice the posted warning.
- Bicycle accidents — Bicyclists could be partly liable for accidents if they did not use proper lighting while traveling at night. While the motor vehicle driver could have behaved carelessly, their failure to see them could be an issue.
- Pedestrian accidents — If a distracted driver strikes a pedestrian who suddenly tries to cross the street at an unmarked crosswalk, the pedestrian could share responsibility for the accident.
In these situations, the injured party must prove that the defendant was primarily responsible for their injuries to recover compensation. The higher the percentage of responsibility they can assign to the defendant, the more compensation they stand to recover. Contact our Atlanta personal injury lawyer today.
How Is Fault Determined to Prove Negligence of the Other Party?
Fault is determined through a review of the evidence, which may include the following items:
- Statements from those who saw the accident occur.
- Police reports with critical information about what happened and who may be at fault.
- Visual evidence from the crash scene, such as traffic camera footage or pictures, can clarify what happened.
- Testimony and evidence provided by accident reconstruction experts can offer insights into the events that led to the accident.
The court hearing a case will weigh the evidence presented by the injured party and the defendant and assign each a percentage of fault based on how their negligence contributed to the incident.
Contact a Georgia Personal Injury Lawyer
At Bayuk & Pratt, we bring over 50 years of combined legal experience to our clients’ cases and have secured over $300 million on their behalf. Our founding partners were once senior attorneys at two of the world’s largest insurance defense law firms, and they know how to use their insider perspective to challenge powerful insurance companies.
Our fearless trial lawyers have extensive experience handling personal injury, wrongful death, and civil litigation cases with skill and determination. When you choose us, you will partner with a battle-tested team dedicated to your success. See the results we have achieved for others and hear directly from our clients. Contact us today for a free consultation and learn more about protecting your rights and pursuing the compensation you need during this difficult time.
