If you’ve been injured in an auto accident in Georgia, understanding the state’s comparative negligence law is crucial for your case. This law can significantly impact your ability to recover damages and the amount of compensation you may receive.
What is Comparative Negligence?
Comparative negligence is a legal principle used to determine fault and damages when multiple parties contribute to an accident. Georgia follows a “modified comparative negligence” rule, which affects how compensation is awarded in personal injury cases.
Georgia’s 50% Rule
Under Georgia law (O.C.G.A. § 51-12-33), you can recover damages in an accident claim as long as you are less than 50% at fault. If you are found to be 50% or more at fault, you cannot recover any damages from the other parties involved.
How Fault Affects Your Compensation
Your percentage of fault directly reduces your compensation. For example:
- If your damages total $100,000 and you’re 20% at fault, you can recover $80,000
- If you’re 30% at fault, you can recover $70,000
- If you’re 49% at fault, you can recover $51,000
- If you’re 50% or more at fault, you recover nothing
How Fault is Determined
Several factors are considered when determining fault:
- Police reports
- Witness testimony
- Traffic camera footage
- Expert accident reconstruction
- Physical evidence from the scene
- Vehicle damage patterns
- Skid marks and debris
Common Scenarios and Fault Attribution
Rear-End Collisions: The rear driver is typically presumed at fault, but the front driver could share fault if they stopped suddenly without reason or had non-functioning brake lights.
Left-Turn Accidents: The turning driver is usually at fault, unless the oncoming driver was speeding excessively or ran a red light.
Lane Change Accidents: The driver changing lanes is typically at fault, but the other driver could share fault if they were speeding or driving aggressively.
Why You Need an Attorney
Insurance companies often try to shift more blame onto accident victims to reduce their payout obligations. An experienced attorney can:
- Investigate the accident thoroughly
- Gather evidence to minimize your fault percentage
- Counter insurance company tactics
- Negotiate for maximum compensation
- Represent you at trial if necessary
At Atlanta Auto Law, we fight to ensure our clients aren’t unfairly blamed for accidents. Contact us at (678) 235-3870 for a free consultation about your case.