When a car accident happens, establishing fault isn’t always black and white. More than one person can be responsible for causing a crash, and when that happens, the percentage of fault in a car accident can make a significant difference in whether you can recover compensation and how much you’ll receive. Georgia comparative negligence law uses each party’s percentage of fault to determine how damages are divided.
Defining comparative negligence in Georgia
Comparative negligence is the legal rule used to determine how a person’s own fault affects their ability to recover damages after an accident. Under comparative negligence in Georgia, a person’s compensation can be reduced based on the percentage of fault assigned to them.
Georgia follows a form of modified comparative negligence which states that a person who is less than 50% responsible for an injury or accident may recover damages, but the amount awarded is reduced in proportion to their percentage of fault. If the person is found to be 50% or more responsible, Georgia law denies financial recovery.
Establishing fault after a car accident
In general, after a car accident, insurance adjusters from each involved insurance company will investigate what happened. They may review evidence such as police reports, photographs, damage to the vehicles, video footage, statements from witnesses and the drivers involved, and other evidence from the scene. Adjusters may also consider applicable traffic laws and the legal standards for negligence when determining car accident liability in Georgia.
From there, each insurance company will propose a breakdown of responsibility among the parties involved. You may be found fully responsible, the other driver may be found fully responsible, or they may decide that both parties share some liability.
If it’s established that both parties are at fault, be careful. An insurance company may acknowledge shared liability in a car accident, but won’t necessarily stop trying to put the majority of the blame on you. This can be particularly important if the proposed fault percentage in an accident claim could put you at or above the 50% threshold for recovery under Georgia law.
An insurance adjuster’s determination, however, is not the final word on fault. If the parties cannot agree about the percentage of fault in the car accident, the issue may ultimately be decided by a judge or jury.
Common shared fault situations
It may be difficult to establish exactly how much responsibility each driver has in a partially at-fault car accident in Georgia, but there are situations where it’s easier to see how shared liability can occur. For example:
- If you’re turning left and fail to yield to oncoming traffic, but the car you hit was speeding.
- If you are rear-ended because another driver was following too closely, but you also had a brake light that wasn’t working.
- If two cars at a four-way stop fail to yield and collide.
These are just a few examples where both parties could potentially be held partially responsible for the car accident. You can see it’s not always easy to identify a single party who is entirely at fault.
Calculating your compensation
If it’s determined that there’s a shared fault in your car accident in Georgia, your compensation may be reduced by your percentage at fault. In other words, you may not receive 100% of your damages if you’re found partially responsible for the accident.
For example, if you’re awarded $200,000 in total damages, but are found to be 25% at fault, your award would be reduced by 25%, leaving you with $150,000 in compensation. If you were found to be 50% or more at fault, you generally could not recover damages.
When the insurance company says I’m at fault
It’s entirely possible that an insurance company may argue that you were responsible for all or part of an accident. But an insurance company’s determination of fault is not necessarily the final decision.
If the insurance company says you’re at fault, you can challenge its position with evidence from the accident. Your own insurance company and your legal team may also play a role in protecting your interests and addressing disputed fault. They both can help strengthen your claim and minimize your need to argue.
Fighting for what you deserve after a car accident
With fault sometimes being complicated to determine after a car accident, particularly when more than one driver may have contributed to the crash, understanding Georgia’s comparative negligence law can help you set realistic expectations around compensation.
Working with the right legal team can also prove beneficial. The team at Watson Injury Law focuses on specific circumstances and evidence involved in each case. We work to protect your best interests throughout the claims process to help you reach a fair conclusion. Reach out today to schedule a free consultation and learn more.
Frequently Asked Questions
Can I recover compensation if I was partially at fault for a car accident in Georgia?
Yes. You may be able to recover compensation if you are less than 50% at fault according to Georgia’s modified comparative negligence law, but your damages will be reduced by your percentage at fault. If you are 50% or more at fault, you generally cannot recover damages.
How does my percentage of fault affect my compensation?
Compensation is reduced in proportion to your percentage at fault. For example, if you’re found to be 20% at fault, your compensation would be reduced by 20%, meaning you could recover 80% of the damages awarded.
Can an insurance company decide who was at fault for an accident?
While an insurance company can investigate an accident and make its own determination about fault, their findings aren’t necessarily the final word. If fault remains disputed and the case goes to court, a judge or jury may ultimately determine each party’s responsibility.
What should I do if the insurance company says I caused the accident?
Gather and preserve evidence that supports your version of events, including photos, video, police reports and witness information. An attorney can review the evidence, assess the insurance company’s fault determination, and help challenge it if appropriate.