If a court finds you were less than 50 percent at fault in a car accident, you can still recover compensation. Under Georgia’s modified comparative negligence rule, the amount of compensation you may recover gets reduced based on the percentage of fault the court assigns you.
To reduce their payouts, insurance companies often try to assign blame to accident victims. To protect your claim and seek a full and fair recovery of compensation, you should learn about how the comparative fault system works and what you should do if you were partially at fault for your car accident.
Georgia’s Modified Comparative Negligence Law Explained
Courts apply the comparative negligence law to determine liability and award compensation in car accident cases. Under the rule, courts assign a percentage of fault to each party based on the available evidence. This percentage determines whether you are eligible to recover damages and affects the amount of compensation awarded.
In car crash cases, Georgia follows what is known as the “50% rule.” If you are assigned 49% or less fault for a collision, you are eligible to recover compensation. However, the court will reduce any financial compensation you receive based on your share of fault.
What Should You Do If You Believe You Share Fault in a Georgia Car Accident?
You can protect your legal rights after a shared-fault car accident in Georgia by doing the following:
- Get medical treatment immediately – Some injuries take days or weeks after they occur before symptoms arise, while other injuries can worsen over time. See a doctor right away to protect your health and document your injuries. Your medical records will help you to establish your claim.
- Do not admit fault – Other parties can use your words at the accident scene against you. Avoid apologizing or accepting any blame at the scene. Allow a knowledgeable car accident lawyer to evaluate all the facts and determine fault before you say anything.
- Document everything about the accident – Evidence can disappear quickly after a crash. Document as much evidence as possible by taking photos and videos of your visible injuries, vehicle damage, debris and skid marks, traffic signs and signals, and the surrounding area.
How Being Partially at Fault Affects Your Car Accident Compensation
Partial responsibility for a collision does not automatically prevent you from recovering compensation in Georgia. It depends on your Georgia car accident fault percentage.
For example, if the court hears your personal injury lawsuit, awards $100,000 in damages, and assigns you 20% of the blame for the accident, your damage award would be reduced by 20%. You would recover $80,000 in compensation. On the other hand, if the court found that you bore no fault for the crash, you would be eligible to collect the entire $100,000.
Your recovery after serious accidents may include compensation for the following:
- Medical bills
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
A skilled car accident attorney can develop a compelling personal injury case showing that the at-fault driver is fully responsible for the crash and demanding maximum compensation for you.
How Do You Determine Fault in a Georgia Car Accident Case?
Determining fault requires careful investigation of the collision. During the investigation, your attorney will gather the following evidence:
- Police reports
- Witness statements
- Video evidence, such as traffic camera and dashcam footage
- Accident reconstruction
Evidence can tell the story of how the collision happened and who caused it. An experienced attorney will act quickly to obtain and preserve evidence before it becomes lost, altered, or overwritten.
What Are Common Situations Where the Parties Share Fault in Car Accidents?
A shared-fault car accident in Georgia can occur in many ways. Some of the most common shared-fault situations include:
- Speeding
- Distracted driving
- Failure to yield
- Following too closely
For example, one driver may have been texting while another was speeding. In this case, both drivers contributed to the accident, and courts will likely assign some percentage of blame to each.
What If the Drivers Equally Share Fault?
Georgia auto accident liability laws bar recovery if a driver has 50% or more fault. Because of this rule, even small shifts in fault percentages can impact the outcome of a claim. An experienced car accident lawyer can help you pursue full and fair compensation by building a strong, evidence-based claim.
How Can Insurance Companies Use Partial Fault Against You?
Insurance companies often look for ways to reduce their financial responsibility for Georgia car accident claims. Some of the most common tactics include:
- Recorded statements – Adjusters often request recorded statements soon after the crash. They may ask leading questions designed to obtain responses that can be used against you later.
- Picking an accident report that works in their favor – When multiple reports exist, and fault is disputed, insurers will rely on the version that assigns you greater responsibility or portions that support their position.
- Interpreting traffic laws in their favor – An insurance company may argue that you violated traffic laws or failed to exercise reasonable care, even when these interpretations stretch the facts of the case.
How Can Our Georgia Car Accident Attorneys Help You?
Handling a shared fault car accident in Georgia requires skilled legal guidance. The personal injury lawyers at Bayuk Pratt can help you navigate the claims process by:
- Reviewing your case for free
- Conducting a thorough investigation of the accident
- Preserving and obtaining key evidence
- Challenging unfair allegations of fault
- Negotiating aggressively for a fair settlement
- Taking your case to trial, if necessary
Our legal team will focus on minimizing your share of fault to the extent possible, holding the other at-fault driver fully accountable, and pursuing maximum compensation.
Contact a Georgia Car Accident Lawyer Today
You can still pursue car accident compensation from the other at-fault driver’s insurance company even if you contributed to the collision. However, your claim is more likely to be disputed. You will need the help of an experienced car accident attorney to have the best chance of a favorable outcome.
The legal team at Bayuk Pratt has more than 50 years of combined experience standing up for the rights of injured Georgia residents. We’ve recovered more than $2 billion for clients struggling with serious injuries and mounting medical bills.
Our law firm is ready to apply our decades of experience to fight for just compensation on your behalf. Contact us today for your free consultation.
