Georgia boasts a high rate of traffic accidents, ranking fourth in the nation with a staggering 1,664 traffic fatalities annually according to Georgia Department of Public Health.
If you happen to fall into a personal injury accident, a key factor affecting your claim is comparative negligence—a legal principle determining how fault is divided among parties involved in the accident.
Comparative Negligence in Georgia
Comparative negligence is a legal concept that allocates fault among all parties involved in an accident.
Unlike contributory negligence, which can bar recovery if you’re found even slightly at fault, comparative negligence allows you to recover damages even if you are partially to blame.
In Georgia, the modified comparative negligence rule applies, meaning you can recover damages as long as you are less than 50% at fault.
Impact on Personal Injury Claims
Knowing how comparative negligence works is figuring out how much each person involved in an accident is to blame.
Here are the different types of comparative negligence:
Pure Comparative Negligence
Under this rule, an injured party can recover damages regardless of their level of fault. However, their compensation is reduced by their percentage of fault.
For example, if you are 80% at fault and your damages are $10,000, you would still receive $2,000. Even if you are mostly to blame, you can still receive some compensation for your injuries.
Modified Comparative Negligence – 51 Percent Rule
In states following this rule, you can only recover damages if you are less than 51% at fault for the accident. If you are 51% or more to blame, you cannot receive any compensation.
For example, if you are found to be 50% at fault, you can recover 50% of your damages. But if you are 51% at fault, you get nothing.
Modified Comparative Negligence – 50 Percent Rule
This rule, followed by Georgia under §51-11-7, allows you to recover damages if you are less than 50% at fault for the accident. If you are found to be 50% or more at fault, you cannot recover any compensation.
For instance, if you are 30% at fault and your damages amount to $100,000, you would receive $70,000. However, if you are 50% at fault, you get nothing. This rule ensures that only those less responsible for an accident can seek compensation.
No matter your situation, it's a good idea to consult with a lawyer for auto repair, who can help you understand how these rules apply to your specific case and advocate for your best interests.
Proving Negligence After a Car Accident in Georgia
Proving negligence is a key part of winning a personal injury claim. You will need to show that the other person was at fault for the accident to get compensation.
Here are the main steps to proving negligence:
· Duty of Care: In car accidents, this is generally straightforward, as all drivers have a legal obligation to operate their vehicles safely and follow traffic laws.
· Breach of Duty: Can involve demonstrating that they were speeding, ran a red light, were distracted (such as by using a cellphone), or violated other traffic laws. Eyewitness testimony, traffic camera footage, and police reports can be essential evidence.
· Causation: Requires linking the other driver’s actions to the collision. For instance, if the other driver was speeding and rear-ended your vehicle, their excessive speed would be the direct cause of the accident.
· Damages: Includes medical expenses, lost wages, property damage, and non-economic damages such as pain and suffering. Medical records, repair bills, and pay stubs can serve as evidence of your damages.
Conclusion
Understanding comparative negligence is essential for getting fair compensation in a personal injury claim. By knowing how fault is determined, you can better handle the legal process.
It's wise to consult with an experienced attorney who can help you build a strong case and protect your rights.
