- Car Accidents
If you’ve been injured in an accident, you may wonder how shared fault affects your ability to recover compensation. Georgia follows a system called comparative negligence. Your compensation may be reduced if you are partially at fault for an accident. If you are found to be mostly at fault, you may not be able to recover any money at all.
Understanding Georgia’s comparative negligence rule is important when filing a personal injury claim. If you’re unsure about your case, speaking with a Lawrenceville personal injury lawyer can help you understand your rights under Georgia comparative negligence laws.
Contact 1Georgia Personal Injury Lawyers today for a free consultation.
Georgia Comparative Negligence Laws
Georgia has a modified comparative negligence rule. You can still recover compensation if you are less than 50% responsible for the accident. However, if you are 50% or more at fault, you cannot recover any damages.
For example, let’s say you are in a car accident, and the court finds you 20% responsible while the other driver is 80% responsible. If your total damages amount to $100,000, you will receive $80,000 after a 20% reduction. However, if you are found to be 50% or more at fault, you will receive nothing.
Comparative Negligence vs Contributory Negligence
In states that follow contributory negligence, you cannot recover compensation if you are even 1% at fault for a car accident. For example, if you were speeding slightly before another driver ran a red light and hit you, you might be denied a settlement.
Georgia’s modified comparative negligence system is more fair because it allows injured victims to recover compensation if they are less than 50% at fault. This means that even if you made a minor mistake that contributed to the accident, you can still receive compensation—just at a reduced amount based on your percentage of fault.
How Comparative Negligence Reduces Settlements
The more fault you have in an accident, the less money you can recover. This applies to different types of personal injury cases, including car accidents and slip-and-fall cases.
For example, imagine you slip and fall in a grocery store because of a wet floor. The store didn’t clean up the spill or put up warning signs. However, if you were looking at your phone and not paying attention, the store might argue that you share some blame.
If a court decides you are 25% responsible, and your damages total $40,000, your final compensation would be $30,000 after the 25% reduction.
How Fault Is Determined After a Car Accident in Georgia
Fault for a car accident is determined based on evidence collected at the scene and any additional findings during an investigation. Police officers who respond to the accident will create a report that often includes their opinion on who was at fault. This report can be an important piece of evidence when filing a claim.
Insurance companies will also conduct investigations. They will examine the police report, accident photos, witness statements, and any available video footage. They may also review damage to the vehicles and any relevant traffic laws that were violated. In some cases, accident reconstruction experts are brought in to analyze how the crash happened and who was responsible.
Georgia follows an at-fault system, meaning the driver responsible for the accident is liable for damages. Under Georgia comparative negligence laws, fault is not always assigned entirely to one person. If both drivers share blame, their compensation is reduced based on their percentage of fault.
How Insurance Companies Use Shared Fault Against You
Insurance companies use Georgia comparative negligence laws to pay as little as possible. They strive to reduce the amount they owe you by shifting more blame onto you.
Insurance adjusters will look at accident reports, witness statements, and medical records to find any reason to claim you were at fault. They might say you were speeding, distracted, or not being careful enough. If they can prove you were 50% or more responsible, they won’t have to pay anything.
It’s important to have an experienced lawyer on your side. A Lawrenceville car accident lawyer can protect you from unfair blame and fight for the compensation you deserve.
How a Lawrenceville Personal Injury Lawyer Can Help You
Handling a personal injury claim under Georgia’s comparative negligence laws can be difficult, especially when insurance companies try to reduce your payout. A lawyer can help by gathering evidence, negotiating with the insurance company, and representing you in court if needed.
Gathering Evidence
A Lawrenceville personal injury lawyer will collect important evidence to prove who was truly at fault. This includes security camera footage, accident reports, witness statements, and medical records. If needed, they can bring in accident experts to strengthen your case.
Negotiating a Fair Settlement
Insurance companies often offer low settlements to accident victims, hoping they will accept less than they deserve. A lawyer knows how to negotiate and push back against lowball offers. They will challenge any unfair claims that you were at fault and work to get you the full amount you are owed.
Representing You in Court
Your lawyer can take your case to court if a fair settlement cannot be reached. A Lawrenceville personal injury lawyer will present strong evidence, cross-examine witnesses, and fight on your behalf to prove you deserve compensation. Having a skilled lawyer on your side can make a big difference in the outcome of your case.
Contact Us Today for a Free Case Review
Georgia’s comparative negligence laws can impact your personal injury claim, so it’s important to understand how fault is determined and how it affects your compensation. Insurance companies will try to use these laws against you to reduce or deny your claim. However, with the help of a Lawrenceville personal injury lawyer, you can fight back and get the compensation you deserve.
At 1Georgia Personal Injury Lawyers, we are dedicated to helping injured clients in Lawrenceville and across the state. You pay no legal fees unless we win your case. If you’ve been injured in an accident, don’t wait to seek help. Call 678-635-9939 or contact us online today for a free consultation.
