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If you have been involved in a car accident in Georgia and want to know how fault is determined and what it can mean for your claim, it is important to understand the state’s modified comparative fault system. This system affects how much money you can recover based on your percentage of fault.
In the guide below, we will review this system in more detail and discuss how these percentages can affect your compensation.
How Does Georgia’s Comparative Fault System Differ From Other States?
Georgia uses a system known as “modified comparative negligence” for car accident cases, distinguishing it from the methods adopted by numerous other states.
Modified Comparative Negligence
Under modified comparative negligence, victims of accidents can only pursue compensation if their level of fault is less than 50%. This means that if a victim is found to be 50% or more responsible for the accident, they are ineligible to recover any damages for their losses. In comparison, some states use a pure comparative negligence system, where individuals can recover damages regardless of their degree of fault, even if they are 99% responsible for the incident. This can lead to situations where a plaintiff, despite being primarily at fault, still receives financial compensation, which can be seen as encouraging negligence.
Contributory Negligence
Additionally, a small number of states adhere to the strict “contributory negligence” rule. Under this system, any degree of fault on the victim’s part completely bars them from recovering damages. This creates a challenging environment for individuals seeking compensation, as even a minor error can result in a total loss of their claims.
Providing a Fair Balance
Georgia’s revamped comparative negligence system seeks to achieve a more equitable balance. It allows victims to recover damages in a manner that reflects their actual level of responsibility for the accident. If, for example, a victim is determined to be 30% at fault, they can recover 70% of the total damages awarded based on the severity of their injuries or losses.
By establishing this threshold of 50%, Georgia ensures that compensation is tailored to represent the shared fault accurately among all parties involved. This not only encourages more responsible behavior on the part of all drivers but also promotes a just assessment of liability in the eyes of the law.
Real-Life Examples of Comparative Negligence
Comparative negligence is an important legal concept that significantly impacts the determination of liability in car accidents. Below are some detailed examples of how it may apply in different scenarios across Georgia:
Illegal U-Turn
Imagine a scenario in which a driver suddenly slows down to make an illegal U-turn in the middle of a busy street without signaling, and the car behind, attempting to pass illegally on the right, crashes into them. In this situation, both drivers may be deemed negligent: the first for executing a hazardous maneuver and the second for unsafe passing. The degree of each driver’s violation and their respective contributions to the accident would be assessed for liability.
Distracted Driving and Running a Red Light
Imagine a driver ignoring a red light at a crowded intersection, leading to a dangerous situation. Simultaneously, another driver is distracted by their cellphone and fails to see the driver run the red light until it’s too late. In this case, the driver who ran the red light would bear significant fault for their reckless actions. However, the distracted driver may also share some of the blame for not paying attention and missing the opportunity to avoid the collision. The apportionment of fault would be based on the specific circumstances leading up to the accident.
Contact Our Legal Team To Learn More
If you were in a car accident in Georgia and want to explore your legal options, reach out to Richard D. Hobbs & Associates. Our seasoned Georgia car accident attorneys can review your case at no charge and assist you in deciding your next steps.