Like the majority of U.S. states, Georgia is an “at-fault” state for car, truck, or motorcycle accidents. Blame is relevant in Georgia “at-fault” car insurance.
In other words, when an accident occurs, the driver who caused the wreck will be responsible for all damages such as medical expenses and damage to the vehicle via their car insurance.
Unlike some states, drivers are not barred from making a recovery in Georgia if they are partly to blame for the accident.
It’s not always clear who is to blame for a motor vehicle accident in Georgia. If a driver pulled out in front of you, but you did not react as quickly as you should have done, blame may be apportioned on both sides.
Fault in Georgia is known as “proportional comparative fault.” It means every driver who is involved in an accident shares a proportion of the blame. For instance, one driver may have been speeding at the time of a wreck in Newnan. The other may have failed to use a turn signal. It’s the job of the courts to apportion blame.
Although Georgia does not have a pure contributory negligence rule like in Virginia and North Carolina which bars a driver who is just 1 percent to blame for an accident from recovering money, there are limits in Georgia too.
If it’s determined that a driver is more than 50 percent at fault for a crash he or she is unable to seek compensation.
Even if you are found to be 49 percent to blame or less, the proportion of blame impacts your eventual settlement. Georgia’s at-fault” car insurance rules mean the degree of fault proportionally reduces the amount recoverable. If a jury determines you were 30 percent at fault, your financial recovery will be cut by 30 percent as well.
These are complicated rules. It’s difficult for a jury or an insurance company to put a figure on the degree of fault. It’s, therefore, important to hire an injury lawyer with experience in dealing with Georgia’s comparative negligence law. An attorney who vigorously fights your case may be the difference between a successful claim and being unable to claim compensation.
At the Law Office of Michael West, we explore all possible avenues to get you what you deserve after an auto accident. Please call us today for a consultation at (404) 913-1529.