Most people think they cannot be compensated if they play a part in a car accident. As such, many car accident victims do not pursue the damages they are entitled to due to this common misconception.
Georgia’s negligence laws allow parties at fault to recover compensation but with some restrictions. Here is what you need to know if you shared fault for a crash.
Georgia comparative negligence laws explained
More than one party can be at fault for the accident, and their level of responsibility is assessed as a percentage. The compensation you can recover is determined by the percentage of fault assigned to each party involved in the accident.
Georgia follows a modified comparative negligence rule. Under state law, you can only recover compensation if your percentage of fault is less than 50%. Once your degree of fault exceeds this threshold, you will not be eligible for compensation for your injuries or other losses.
How is fault determined after a car accident?
There is no single way of establishing each party’s level of fault. It all depends on the circumstances of the crash. Determining fault involves gathering evidence such as eyewitness accounts, police reports and video footage.
In some cases, accident reconstruction experts may be involved. Other factors like traffic laws, road conditions and driver behavior are also considered to arrive at a fair assessment of fault in an accident.
Protect your rights and interests
If you find yourself in a car accident where you believe you may have contributed to the crash, don’t assume you are not entitled to compensation. Seeking an informed evaluation of your case and having qualified legal guidance can help you safeguard your rights and maximize the chances of getting the settlement you need.