When car accidents occur, it’s not uncommon for situations where more than one party bears some responsibility for the incident. While accidents may often result from a single driver’s mistake, cases involving shared responsibility are prevalent. So, what if you were partially at fault for a car accident? Can you still get compensation?
Georgia law allows car accident victims to seek compensation based on their injuries and losses, even if they share some fault. At times, determining the extent of each party’s liability requires carefully assessing the accident’s circumstances.
Take, for example, a scenario where two drivers are involved in a crash; one driver failed to yield at a green light, and the other was speeding at the time of the wreck. While the driver who failed to yield may bear primary liability, the speeding driver’s actions also contributed to the collision. In such a situation, seeking guidance from an experienced car accident lawyer is vital to help you recover the maximum possible compensation.
At Fry | Goehring, we offer complimentary consultations to clarify your legal options and advocate for your rights.
What Is Partial Fault in a Car Accident?
Understanding car accident partial fault is crucial. It helps you navigate the complexity of legal proceedings and auto accident compensation claims. Partial fault arises when more than one party shares responsibility for the incident. It implies that both drivers contributed to the accident somehow, whether through actions or negligence.
In Georgia, determining partial fault involves thoroughly assessing each driver’s conduct leading up to the accident. The evaluation is crucial in cases where compensation is sought for damages and injuries resulting from the accident, as it directly impacts each party’s compensation.
When investigating the accident, police officers gather all available evidence and determine who was to blame, often detailing this in the police report. When both parties share responsibility, Georgia’s comparative negligence law comes into play.
Modified Comparative Negligence in Georgia
Under this law, each party in a personal injury case is assigned a percentage of blame or fault based on their actions, omissions, or failure to act just before the accident occurred. Each party’s compensation will depend directly on the percentage. If you are found to be partially at fault, your compensation will be reduced by the assigned percentage.
However, if your fault is determined to be under 50%, you still have the right to receive compensation for the difference. However, a judge or jury decides on the allocation of fault based on the evidence presented in the case.
How Does Partial Fault Affect Compensation?
Navigating the aftermath of a car accident involving partial liability can be complex, particularly when establishing how it affects compensation. In Georgia, the legal principle of comparative negligence governs such cases, allowing compensation even if you share some fault. However, the compensation you receive will be proportionally reduced based on your percentage of fault.
When dealing with car accident claims, the Fry | Goehring personal injury attorneys will collaborate with the insurance company to negotiate an out-of-court settlement. Insurance adjusters often prefer this approach, which typically results in lower costs and faster resolution.
However, being partially at fault can complicate matters. Insurance adjusters may argue for a reduction in compensation due to the fault involved. In such instances, our attorneys advocate to ensure you receive fair compensation. While our definition of fairness may differ from that of the insurance company, we will negotiate diligently to secure the maximum compensation available.
In these situations, it’s essential to understand the recoverable damages available to you. These may include:
- Medical expenses such as hospital bills, surgeries, medications, rehabilitation, and future medical needs arising from the accident
- Lost wages
- Property damage
- Pain and suffering
- Loss of consortium
- Wrongful death benefits
It’s essential to recognize that the compensation amount you can recover after a car accident varies based on individual circumstances and injury severity — even when you’re partly to blame for the wreck.
Steps To Take After a Car Accident if You’re Partially at Fault
After a car accident, especially when you are partially at fault, there are several things you should do to protect your rights and interests. Here’s what to do in the moments following a traffic collision:
- Prioritize safety.Safety comes first. Move to a safe location, turn on hazard lights, and check for injuries among all involved parties, including passengers and pedestrians.
- Contact authorities.Report the accident to the police, especially if there are injuries or significant property damage. An official police report is crucial for insurance claims and legal proceedings.
- Exchange information.Gather contact and insurance details from other drivers involved, including names, driver’s license numbers, addresses, phone numbers, vehicle registration numbers, and insurance policy information.
- Document the scene. Capture the accident scene through photos or videos, including vehicle damage, road conditions, and relevant factors contributing to the collision. Visual evidence is valuable for insurance claims and legal purposes.
- Seek medical attention. Even if you feel uninjured, seek medical attention promptly. Some injuries may not be immediately noticeable, and documenting all injuries is essential for insurance claims and legal proceedings.
- Report to your insurance company. Notify your insurance company about the accident, providing accurate details.
- Consult with an attorney. Seek guidance from a knowledgeable Atlanta car accident attorney, especially if you’re partially at fault. They can offer legal advice, evaluate your case, and protect your rights throughout the claims process.
- Cooperate with investigations. Cooperate with investigations by insurance companies, law enforcement, or relevant authorities. Provide truthful statements and the necessary documentation to facilitate the claims process.
- Keep records. Maintain all communication records, including conversations with insurance adjusters, medical providers, and legal representatives. Keep copies of medical reports, repair estimates, and relevant documents related to the accident.
- Follow legal advice. Adhere to your attorney’s advice regarding negotiations with insurance companies, settlements, or legal proceedings.
Remember, a partial liability car accident case doesn’t necessarily mean you’re ineligible for compensation.
Contact the Atlanta Car Accident Attorneys at Fry | Goehring for Help
If you find yourself in a situation where you were partially at fault for a car accident, don’t hesitate to seek the legal support of our dedicated team. At Fry | Goehring, we understand the complexity of shared fault in car accident cases and are committed to assisting clients facing legal challenges like yours. You may still have options to seek compensation, and we are here to help you explore them. Our legal team is ready to provide guidance and support throughout your legal journey. Contact us online or call us anytime at 404–969-1284 to schedule a free consultation. We’re here to listen, advocate for your rights, and help you confidently navigate your car accident claims process.
