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770-626-7895If you have been injured in a car accident in the state of Georgia, it is crucial to understand how Georgia’s comparative negligence laws may affect your ability to recover damages. Many people believe that as long as the other driver was at fault, they are entitled to full compensation for their injuries and losses. However, the reality is more complicated. This state adheres to a modified comparative negligence rule, which can significantly impact the outcome of your car accident claim.
Here, our team at Larrison Law Firm will get into the details of Georgia’s comparative negligence laws and explain how they apply to auto accident cases.
What Is Comparative Negligence?
Comparative negligence is a legal concept used to allocate fault and damages when multiple parties are found to be partially responsible for an accident or injury. In the context of car accidents, comparative negligence comes into play when the injured party (the plaintiff) is found to have contributed to the accident through their own negligence or carelessness.
There are three main types of comparative negligence rules:
- Pure comparative negligence: Under this rule, plaintiffs can recover damages even if they are 99% at fault for the accident. However, their awarded damages will be reduced in proportion to their percentage of fault. For example, if a plaintiff is found to be 60% at fault and their damages are $100,000, they would only recover $40,000.
- Modified comparative negligence (50% Rule): This is the most common rule and is followed by Georgia. Under this rule, plaintiffs can only be compensated if their fault is less than 50%. If their fault is 50% or greater, they are barred from recovering any damages.
- Contributory negligence: This is the harshest rule and is only followed by a handful of states. Under contributory negligence, plaintiffs cannot receive compensation if they are found to be even 1% at fault for the accident.
Georgia’s Modified Comparative Negligence Rule
As mentioned, Georgia follows the modified comparative negligence rule, also known as the 50% rule. This means that if you are injured in a car accident in Athens, GA, or anywhere else in the state, you can only recover damages if your fault is less than 50%. If your fault is 50% or greater, you will be barred from recovering any damages, regardless of the severity of your injuries or the amount of damages you have suffered.
For example, let us say you are involved in a car accident in Athens, GA, and suffer $100,000 in damages. If the court finds that you were 30% at fault for the accident and the other driver was 70% at fault, you would be able to recover $70,000 in damages (70% of your total damages).
However, if the court finds that you were 50% at fault for the accident, you would be barred from recovering any damages at all, even though the other driver was also 50% at fault. This is why it is so important to have a Georgia car accident attorney on your side who can help you build a strong case and minimize your percentage of fault.
Determining Fault in a Georgia Car Accident Case
Determining fault in a car accident case is not always straightforward. There are many factors that can contribute to an accident, and it is not uncommon for multiple parties to share some degree of fault. Some common factors that can contribute to a car accident include:
- Speeding
- Distracted driving (texting, eating, adjusting the radio, etc.)
- Driving under the influence of alcohol or drugs
- Failing to yield the right of way
- Following too closely
- Reckless or aggressive driving
- Failing to obey traffic signs or signals
- Driving while fatigued
To determine fault, investigators will look at a variety of evidence, including:
- Police reports
- Traffic camera footage
- Eyewitness statements
- Physical evidence from the accident scene
- Vehicle damage
- Cell phone records (to determine if a driver was texting or otherwise distracted)
- Skid marks
It is important to remember that even if you believe the other driver was entirely at fault for the accident, their insurance company will likely try to argue that you were at least partially to blame.
This is why it is so important to have an experienced car accident attorney in Georgia on your side who can help you gather evidence, build a strong case, and fight back against any attempts to unfairly assign blame to you.
What To Do if You Are Injured in a Car Accident in Athens, GA
If you are injured in a car accident in Athens, GA, or elsewhere in the state, there are a few key steps you should take to protect your legal rights and maximize your chances of recovering full and fair compensation:
- Seek medical attention immediately
- Call the police and file an accident report. This will create an official record of the accident and can be valuable evidence in your case.
- Take photos of the accident scene, including a potential violation of traffic signs, skid marks, damage to vehicles, and any visible injuries you have sustained.
- Get contact and insurance information from the other driver(s) involved in the accident.
- Get contact information from any eyewitnesses who may have seen the accident occur.
- Do not admit fault or apologize for the accident, even if you think you may have been partially to blame. Anything you say can be used against you later.
- Contact an experienced Georgia car accident lawyer as soon as possible. An attorney can help you navigate Georgia’s comparative negligence laws and its complexities and fight for the full and fair compensation you deserve.
Why You Need an Attorney for Your Georgia Car Accident Claim
Many find dealing with Georgia’s comparative negligence laws complicated, especially when you are also dealing with the physical, emotional, and financial aftermath of a serious car accident. An experienced car accident attorney in Georgia can be an invaluable ally in your fight for justice and compensation.
Your attorney can:
- Conduct a thorough investigation into the accident to gather evidence and build a strong case on your behalf
- Handle all communication with insurance companies and negotiate for a fair settlement
- Calculate the full extent of your damages, including medical expenses, lost wages, property damage, and pain and suffering
- Argue your case in court if a fair settlement cannot be reached
- Help you understand your legal rights and options every step of the way
The worst mistake you can make is going through this legal process without the guidance of your attorney. Get a lawyer and increase your chances of a favorable outcome.
Get in Touch with Us Today
If you have been injured in a car accident in Athens, GA, or elsewhere in Georgia, it is important to know how Georgia’s modified comparative negligence laws may impact your ability to receive maximum compensation. Navigating these laws and proving fault can be complex, which is why it is so important to have a skilled and experienced car accident attorney on your side.
At the Larrison Law Firm, we have years of experience helping car accident victims in Athens and throughout Georgia get the compensation they deserve. We understand the ins and outs of Georgia’s comparative negligence laws and know how to build strong cases that minimize our clients’ faults and maximize their compensation.
If you have been injured in a car accident, do not hesitate to contact us for a consultation. We will review your case, answer your questions, and help you understand your legal options.
