Car accidents can be complex situations, especially when it comes to determining fault and recovering damages. If are wondering about your rights to compensation when you’re partially at fault for a car accident in Georgia, you’ve come to the right place.
The short answer is you can only claim damages if you’re less than 50 percent at fault and your compensation is reduced. In this blog, we’ll explore how Georgia’s comparative negligence law works.
Our car accident attorneys in Albany, Georgia are dedicated to helping clients across the state pursue the compensation they deserve. Contact Joe Durham Jr., P.C. today for a free consultation.
Understanding Georgia’s Comparative Negligence Law
Georgia follows a modified comparative negligence rule when it comes to car accidents and other personal injury cases. This legal doctrine is crucial in determining whether an injured party can recover damages and, if so, how much compensation they may receive.
Under Georgia’s comparative negligence law, an injured party can seek compensation for their damages as long as they are less than 50% at fault for the accident. This means that even if you played a role in causing the accident, you may still be eligible to recover damages – but there’s an important caveat.
The key aspect of Georgia’s modified comparative negligence rule is that your compensation will be reduced by your percentage of fault. For instance, if you’re found to be 30% responsible for the accident, your total compensation would be reduced by 30%.
It’s important to note that if you’re found to be 50% or more at fault for the accident, you’ll be barred from recovering any damages.
What Happens If You Are Partially at Fault for a Car Accident in Georgia?
To better understand how Georgia’s comparative negligence law works in real-world scenarios, let’s consider an example.
Imagine you’re driving down a busy street in Albany, Georgia. You’re going slightly over the speed limit when another driver suddenly runs a red light and collides with your vehicle. In this case, both you and the other driver share some degree of fault – you for speeding and the other driver for running the red light.
After investigating the accident, it’s determined that you were 20% at fault (due to speeding), while the other driver was 80% at fault (for running the red light). Let’s say the total damages from the accident amount to $100,000.
Under Georgia’s comparative negligence law, you would be eligible to recover 80% of the total damages, which is $80,000. The 20% reduction accounts for your share of fault in the accident.
Determining Fault for a Car Accident
When assessing fault in a car accident case, various factors are taken into consideration. These may include:
- Traffic violations: Any breaches of traffic laws, such as speeding, running red lights, or failing to yield right of way, are crucial in determining fault.
- Eyewitness accounts: Statements from people who saw the accident occur can provide valuable insight into what happened.
- Police reports: The official accident report filed by responding officers often includes their assessment of the cause and contributing factors.
- Physical evidence: Skid marks, vehicle damage, and debris patterns at the accident scene can help reconstruct the events leading to the collision.
- Expert testimony: In some cases, accident reconstruction specialists may be called upon to provide professional opinions on how the accident occurred.
It’s essential to have an experienced car accident lawyer who can build a strong case.
What to Do Immediately After an Auto Accident
It’s important to take the right steps after a car crash.
Check for Injuries and Report the Accident
Check for injuries. If anyone is injured, call 911 immediately or ask a bystander to call. If you car is safe to drive and blocking traffic, move to the side of the road or away from traffic.
Call the police to report the accident. The police report will be important when filing a car accident claim.
Gather Information
Exchange contact and insurance information with the other driver. Take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries. Gather contact information from witnesses.
Seek Medical Treatment
Seek medical attention, even if you don’t think you’re seriously injured. Some injuries may not be immediately apparent. Keep a record of all medical treatments, expenses, and any time missed from work due to the accident.
Notify Your Insurance Company and Call a Lawyer
Report the accident to your insurance company, but avoid giving detailed statements until you’ve spoken with a car accident attorney. Having a skilled lawyer on your side can make a significant difference in the outcome of your auto accident case.
How a Personal Injury Attorney Can Help You
Our Albany car accident lawyers are well-versed in Georgia law and can guide you through the claims process. Our team will conduct a thorough investigation, collecting evidence to support your case.
We’ll handle all communications with insurance companies and negotiate for the maximum settlement amount. If a fair settlement can’t be reached, we’re prepared to take your case to court and advocate for your rights before a judge and jury.
In Georgia, there’s a statute of limitations for filing a personal injury lawsuit after a car accident. Generally, you have two years from the date of the accident to file a claim. However, it’s crucial to act much sooner than this deadline.
You should contact a personal injury lawyer as soon as possible to begin building a strong case. Evidence can disappear, witnesses’ memories can fade, and crucial details can be lost over time.
Contact Our Car Accident Lawyers in Albany, Georgia Today
Being in a car crash is a stressful experience, and the situation can feel even more overwhelming when you’re partially at fault. However, it’s important to remember that under Georgia’s comparative negligence law, you can recover compensation as long as you’re less than 50% responsible for the accident.
At Joe Durham Jr., P.C., we are here to help you through every step of the legal process. Our experienced Georgia car accident lawyers will fight for the full compensation you deserve. Contact us today for a free consultation by calling 229-210-6226 or filling out our online form.
