Can You Still Seek Compensation If You Were Partly At-Fault for a Georgia Car Accident?
In some car accidents, it is clear that one driver was at-fault. Consider a drunk driver who runs a red light and slams into another vehicle that is lawfully in the intersection. In such a scenario, there was nothing the other driver could have done to avoid the collision.
Yet there are many car wrecks where fault is not so cut-and-dry. There are cases where multiple drivers may have taken actions that contributed to the underlying accident. This can include a driver who sustained serious injuries in the crash and subsequently files a personal injury lawsuit against the other driver.
Understanding Comparative Negligence in Georgia
So how do Georgia courts deal with such cases? The short answer is what is known as the comparative negligence doctrine. Also referred to as “comparative fault,” the basic idea is fairly simple. When multiple parties may have been responsible for an accident, it is up to the trier of fact in a personal injury case to apportion fault among all those who may have been involved. Essentially, each party to the accident is assigned a percentage of the overall fault.
Consider a situation where two vehicles collide at an intersection. Initially, it appears Driver A is completely at-fault because they ignored a stop sign. But there is also evidence that Driver B was speeding and looking at their phone just before the collision.
Driver A later sues Driver B for negligence. After considering all of the evidence, the jury decides that Driver B is 60 percent at-fault for the accident and Driver A is 40 percent at-fault.
What do these percentages mean in practical terms? It comes down to the damages that Driver A suffered. Let’s say their medical bills came to $100,000 for the accident. The jury accepts that figure and decides that Driver A suffered an additional $50,000 in pain and suffering as a result of the accident. This brings the total damages to $150,000.
This trial judge will then reduce this total damage award to reflect comparative negligence. In this case, Driver A was 40 percent responsible for the accident. So the court would reduce the $150,000 award by 40 percent, meaning Driver B only has to pay their 60 percent share, or $90,000, to Driver A.
One final note: Georgia’s comparative negligence law bars a plaintiff from recovering any damages if their fault is 50 percent or higher. In other words if the jury decided that Driver A and Driver B were equally at-fault (50/50), then Driver B would not have to pay any of Driver A’s damages.
Contact an Atlanta Car Accident Lawyer
Georgia’s comparative fault rules are quite complex. This post only provides a broad overview of the law. If you have been seriously injured in a motor vehicle collision, you need to speak with a qualified Atlanta car accident attorney who can fully advise and represent you in seeking compensation. Contact Morain & Buckelew, LLC, today at (404) 448-3146, to schedule a free consultation.