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The Wrongfully Injured And Their Families

Understanding modified comparative negligence in car accident claims

On Behalf of | May 3, 2024 | PERSONAL INJURY (PLAINTIFF) - Commercial Vehicle Accidents |

If your actions contributed to a car crash in Georgia, the state’s modified comparative negligence laws will determine whether you can recover compensation for the damages you suffered. Your degree of fault for the accident is the deciding factor here.

Georgia’s comparative fault rules allow you to claim compensation for the harm and losses you suffered from a crash as long as your level of fault is below 50%. If it exceeds that, you are legally barred from recovering any damages from the other party involved in the accident.

It is also worth noting that you cannot recover all your damages if you played a role in the crash. You will only receive compensation proportionate to your level of fault. For example, if you were 48% responsible for the accident, you would only recover a settlement of 52% of the harm and losses you suffered.

How is fault determined after an accident?

If more than one driver shares fault for a crash, their percentage of fault is based on the circumstances of the accident. The process of determining fault after a car accident involves a thorough investigation and examination of various factors, including:

  • Police reports
  • Witness testimony
  • Physical evidence
  • Traffic laws 
  • Driver statements

Once all evidence is collected and analyzed, the insurance adjuster or the jury (if the claim goes to court) will assign each party a percentage of fault relative to their contribution to the crash.

Given the complexities that may come into play, understanding your rights and reaching out for qualified legal guidance is essential if you share fault for a car accident in Georgia. Your claim could very well hinge on this. The necessary assistance through the claims process can help protect your interests and increase the chances of a successful claim.