A car accident can leave you with painful injuries and lost income. Those concerns often become even more stressful when both drivers contributed to the crash.
If you are injured in a car crash but share some blame, you may worry that you cannot seek payment for your losses. Partial fault, however, does not always prevent recovery. Each driver’s share of responsibility affects both eligibility for compensation and the amount of damages available.
Partial fault can reduce compensation
Both drivers may be legally responsible if each contributed to causing the accident. In Georgia, the court applies a modified comparative negligence approach when both drivers contributed to a collision.
You may still be eligible to recover damages if your level of fault is less than 50%. The court reduces the damages award according to your share of fault. State law bars your recovery if you bear 50% or more of the responsibility for the claimed injuries or losses.
To determine each driver’s share of fault, insurers often examine several forms of evidence. They may review police reports, witness accounts, traffic violations and vehicle damage. If the claim proceeds to litigation, the judge or jury may consider the same evidence when allocating responsibility between the parties.
Key considerations before settling a claim
An insurer’s first offer may undervalue your injuries or place too much blame on you. Before accepting it, consider medical bills, lost income and other accident-related losses.
A personal injury attorney can examine the proof and calculate the losses shown in your records. This review may reveal how the proposed settlement compares with the possible value of the claim. It can also provide useful context before you sign a release that ends your right to seek more payment.