Not everything is black and white.
In short, it’s not always clear who is at fault in many areas of life, and that includes car crashes.
So how does a Georgia court decide who is at fault when it comes to car accidents?
And what happens when more than one person is at fault?
Comparative negligence is a legal concept used to assess fault when multiple people share the blame for an accident.
Because Georgia is a fault state for auto insurance claims, determining which driver is at fault in an accident is an important step in car wreck cases.
Sometimes more than one person contributes to an accident. Sometimes even the victim shares some blame. If this is the case, you might ask, Is Georgia a comparative negligence state? Yes, it is, and it follows a modified comparative negligence framework.
For a free consultation, please don’t hesitate to call (706) 354-4000 or reach us online today.
What Is Negligence?
Negligence is a legal term for when someone causes an injury to another by breaching a duty of care. A duty of care is the responsibility we have to act in a way that doesn’t hurt other people.
Drivers have a duty to other drivers, passengers, and pedestrians with whom they share the roadway.
A person breaches a duty of care when they act less carefully than a reasonable person would be expected to. For example, a reasonable person would be expected to obey traffic laws.
So if someone violates a traffic law and hurts someone, this could be considered negligence.
How Does Georgia Comparative Negligence Work
When More than One Person Is Responsible for an Accident?
Let’s say several cars are driving down the freeway. One car changes lanes abruptly, causing another vehicle to swerve and hit a third car. Who is responsible for the third driver’s injuries?
Under Georgia negligence law, each driver would share some responsibility. The amount they pay will be equal to their percentage of blame for the third driver’s injuries.
So if each of the drivers were 50% responsible, they would each pay 50% of the damages.
Imagine a scenario on a busy Georgia highway. Driver A suddenly merges without signaling, cutting off Driver B, who then swerves into Driver C’s lane, resulting in a collision.
In this situation, Driver A may be found 60% at fault for the abrupt lane change, Driver B 30% for swerving, and Driver C 10% for not maintaining a safe distance.
Under Georgia’s modified comparative negligence rules, if Driver C incurs $10,000 in damages, their 10% fault allocation means they can only recover $9,000, or 90% of their award.
How Does Georgia Comparative Negligence Work
When an Accident Victim Is Partially at Fault?
There are several ways courts around the country may treat a case where the victim shares some blame for a crash. Georgia follows the modified comparative negligence rule.
- Contributory Negligence: Contributory negligence says that a victim who shares any blame for an accident can’t be compensated by other drivers. So, if the victim was even 1% to blame, they are out of luck.
- Pure Comparative Negligence: Pure comparative negligence gives an accident victim some compensation from other at-fault drivers no matter how much blame the victim shares. So even if the victim were 99% to blame, they could recover 1% of their damages from the other driver.
- Modified Comparative Negligence: Modified comparative negligence allows compensation for the accident victim only if the victim’s fault is 49% or less (or in some states, 50% or less). The victim’s compensation is then reduced by the percentage of their fault. For example, if the victim were 10% to blame for the accident, then they could recover for 90% of their damages.
Consider a scenario where Driver D is involved in a nighttime accident. They were driving with their headlights off when Driver E, traveling at a reasonable speed, hit them while trying to avoid a deer.
The court finds Driver D to be 30% at fault for not using their headlights, while Driver E is 70% at fault. If Driver D suffers $15,000 in damages, they can recover $10,500 (70%) from Driver E. This reduction is Georgia’s modified comparative negligence in action.
Special Considerations in Georgia Comparative Negligence
Understanding Georgia’s modified comparative negligence laws is crucial, especially when the fault is unclear.
Several factors can influence the outcome of a negligence case:
- Evidence collection. Gathering evidence, such as traffic camera footage, eyewitness statements, and police reports, can significantly impact how fault is assigned.
- Insurance adjusters. Insurance companies often conduct their investigations to determine fault. Knowing how they might assess blame can help victims prepare their claims.
- Negotiation strategies. Knowing the specifics of comparative negligence can empower accident victims to negotiate settlements more effectively, ensuring they receive fair compensation.
Your attorney works through all the stages of your case so you can focus on your recovery.
Sounds Complicated. How Can I Make Sure I Am Compensated for My Accident?
Comparative negligence cases in Georgia are complicated and require the help of a skilled personal injury attorney. Each case presents its own unique set of circumstances.
The only similarity is that innocent victims need compensation for their losses and other damages. The following examples of modified comparative negligence cases help illustrate what a victim may recover, depending on their circumstances.
Additional Examples of Comparative Negligence Situations
- Example 1. Driver F speeds while navigating a turn during a rainy afternoon in Georgia. They collide with Driver G, who is driving cautiously but has a brake light out. The court may find Driver F 70% at fault for speeding and Driver G 30% for the faulty brake light. If damages total $20,000, Driver G would receive $14,000 from Driver F.
- Example 2. In another instance, Driver H runs a red light and hits Driver I, who was speeding through the intersection. After reviewing the evidence, the court assigns 60% fault to Driver H and 40% to Driver I. If Driver I sustains $25,000 in damages, they can only recover $15,000 from Driver H due to the shared responsibility.
- Example 3. Picture a scenario where a pedestrian, Driver J, is crossing the street outside a designated crosswalk while looking at their phone. Meanwhile, Driver K, driving at the speed limit, does not notice the pedestrian until it’s too late. The court may find Driver J 40% at fault for not using the crosswalk and Driver K 60% for failing to observe the pedestrian. If Driver J suffers $10,000 in damages, they can recover $6,000 from Driver K.
- Example 4. In a parking lot accident, Driver L backs out without checking their mirrors and collides with Driver M, who was speeding through the lot. The court may rule Driver L 30% at fault and Driver M 70% at fault. If Driver M has $5,000 in damages, they could recover $1,500 from Driver L, demonstrating how both parties can share liability in a modified comparative negligence context.
- Example 5. Imagine a situation where a cyclist, Driver N, is hit by Driver O while riding. Driver N was not wearing a helmet and was riding on the wrong side of the street. The court may find Driver N 20% at fault for not following safety regulations and Driver O 80% for reckless driving. If Driver N has $8,000 in medical expenses, they could recover $6,400 from Driver O.
Understanding Georgia’s comparative negligence laws can significantly impact the outcome of your case, especially when multiple parties share blame.
Navigating these legal waters can be tricky, but with the proper knowledge and assistance, you can protect your rights and seek the compensation you deserve.
Contact Us
At Blasingame, Burch, Garrard & Ashley, P.C., our attorneys have over 200 years of combined legal experience and have secured over $1 billion in financial compensation for our clients when they need it most.
Our firm doesn’t believe in a one-size-fits-all approach to each case. Finding the right solution to complicated and unique legal issues requires innovation and attention to detail. Our firm proudly offers personalized legal services tailored to each of our clients’ unique needs.
We take the time to listen to you and understand your desired outcome before strategizing a plan of action. Our fundamental purpose is to provide excellent service to our clients. BBGA is committed to its clients and is ready to serve you.
Give us a call at (706) 354-4000 or fill out our online form today to schedule your free consultation.
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