When determining compensation in car collision cases in the state of Georgia, comparative negligence law may play a role in deciding the outcome. Under Georgia’s comparative negligence rules, any provable shared responsibility for a wreck can affect the judgment or settlement amount for those injured in a collision. This is especially true when multiple parties may be partially at fault. If you are seeking compensation in the aftermath of a collision, it’s essential that you understand how comparative negligence works. Failing to ensure all possible, responsible parties are included in a lawsuit or claim can be devastating.
What Is Comparative Negligence?
Comparative negligence is a legal principle that evaluates the degree of fault each party holds in causing a collision. Georgia follows what is called a modified comparative negligence rule, which means that if an injured party is less than 50% responsible for the incident, they can still recover damages. However, if they are deemed 50% or more at fault, they will be barred from recovering any compensation.
This system aims to create a fairer outcome by allowing compensation even when multiple parties may share responsibility. For example, suppose Driver A was speeding, and Driver B failed to yield, causing a wreck. Comparative negligence allows the court to assign a percentage of fault to each driver based on their actions. In Georgia, when more than one party may be responsible for harms and losses, this distribution of fault plays a central role in the judgment or settlement amount the injured party can receive.
How Comparative Negligence Affects Compensation
When comparative negligence is applied, a plaintiff’s compensation is reduced by their percentage of fault. For instance, if you were involved in a collision and were awarded $100,000 in damages but were also found to be 20% at fault, your final compensation would be reduced by that 20%, resulting in an $80,000 judgment. This reduction can be significant, especially when medical expenses, lost wages, and other costs are involved.
Georgia’s approach is more lenient than some other states, allowing plaintiffs with partial fault to still obtain some compensation, provided they are less than 50% responsible.
The Role of Evidence in Establishing Fault
In car collision cases where comparative negligence is most relevant, evidence plays a critical role in determining fault percentages. Insurance adjusters, attorneys, and the court will analyze all available evidence, including:
– Police reports: Often seen as impartial third-party accounts of the collision.
– Eyewitness testimony: Statements from bystanders or other drivers at the scene.
– Traffic camera footage: When available, video can provide a reliable perspective.
– Expert opinions: Collision reconstruction experts may help clarify how the incident occurred.
With this information, each party’s role is evaluated carefully, and percentages of fault are assigned. In some cases, an insurance adjuster may initially assign fault, but these findings can be disputed through legal action if they appear unjust or biased.
How a Skilled Attorney Can Help
Navigating a car collision claim in Georgia’s comparative negligence framework can be challenging, especially when insurance companies attempt to assign a higher fault percentage to the injured party to minimize payout. A skilled personal injury attorney understands how to evaluate evidence and challenge fault determinations, ensuring clients have the best chance of receiving fair compensation.
An attorney’s guidance is also crucial when negotiations stall or when an unfair percentage of fault has been assigned. By effectively advocating for the injured party, an attorney can push back against disproportionate fault allocation and pursue a settlement that reflects the true impact of the collision.
Finding the Right Support
Comparative negligence is designed to balance responsibility and ensure fair compensation. If you’ve been involved in a car collision in Georgia, understanding how these laws impact your case is key. A dedicated attorney can provide guidance, clarify complexities, and protect your interests, supporting you as you pursue a fair outcome.
At Lazenby Law Group, we specialize in personal injury and wrongful death cases, providing the expertise needed to navigate the complexities of your situation. We understand how overwhelming it can be to deal with the aftermath of negligence, and we’re here to help. With free consultations and prompt responses, we aim to ease your burden while fighting for justice in your case. If have legal questions in this difficult time, reach out to us today for compassionate, experienced support in your pursuit of justice.
Call Today– 678-971-1166.
