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Shared Liability Laws and Car Accidents in Georgia
Car accident claims should be straightforward. A person was hurt, and the person who caused the crash should be held accountable for the injuries and damages. Easy, right?
Not always.
If you may have been partly responsible for the accident or the other driver is blaming you for causing the accident, resolving your car accident claim in Georgia can be even more complicated.
Getting into a car accident is scary, and the aftermath is often confusing and can have far-reaching implications. So, it’s understandable that one of the first things you think about after a wreck is who will cover the expenses and how much you can recover to help get your life back on track. To answer that you need to understand the role of Georgia’s modified comparative negligence in car accident cases.
Georgia's Comparative Fault System Explained
First, the basics. Is Georgia a “no-fault” or an “at-fault” state? Georgia is an “at-fault” state. In other words, personal injury claims, including car accidents in Georgia, hinge on the principle of negligence. This simply means that when injuries happen, fault must be determined, and the defendant who failed to take reasonable care and caused injuries or loss to another person is liable for damages.
A typical example of negligence is found in motor vehicle accidents. All drivers owe other road users a duty to exercise reasonable care when behind the wheel. A driver breaches that duty when they intentionally or unintentionally fail to exercise ordinary care, for example, by violating a traffic law such as speeding or driving recklessly. Suppose the accident results in injuries. In that case, the reckless or speeding driver may be liable for damages.
However, determining fault in Georgia is not always black and white. Sometimes, several parties may be involved in a crash, and each party may share responsibility for the accident, including the injured victim. This is referred to as comparative negligence.
When two or more parties share blame for a car accident, auto accident claims and personal injury lawsuits are governed by Georgia’s modified comparative negligence laws. The comparative fault system aims to hold all at-fault parties accountable for the losses and injuries resulting from an accident based on their respective percentage or share of fault.
Overview of Comparative Negligence in Georgia
Georgia follows a modified comparative negligence rule when determining liability in car accident cases. Under the Official Code of Georgia Annotated §51-12-33, a plaintiff can recover damages for their losses and injuries from the responsible party or parties even if they were partly at fault for the injuries sustained. However, if their percentage of fault is equal (50%), or exceeds that of the other party (+51%), or exceeds the proportion of fault of all other at-fault parties combined, then the plaintiff is barred from recovery. Further, the recoverable damages will be reduced by the plaintiff’s percentage of responsibility.
Let’s assume, for example, that you are involved in a wreck on Interstate 85 (I-85), one of the most dangerous roads in Georgia, and the court determines you were 20% at fault and the other driver is 80% responsible for the crash. You can be eligible for financial compensation from the defendant. However, suppose your damages amounted to $100,000; in that case, your damage award will be reduced by 20%, and you would receive $80,000.
In that same scenario, if the court determines that you were 51% responsible for the crash, you would receive no damages under Georgia accident laws.
Understanding Shared Liability in Car Accidents
Georgia laws allow another party(s) — defendant(s) — to file counterclaims in a car accident. This means it is possible for the defendant, their lawyer, and their insurance company to claim that you — the plaintiff — are the one at fault.
Shared liability is a common defense used by defendants in car accident claims. Essentially, the shared liability defense happens when the other side and their insurance company claim you were responsible for the crash, too. If the defendant is successful in a shared liability defense, this can reduce or completely bar your recovery.
Fighting a shared liability defense strategy can be complex and tricky. To ensure that your rights are protected and you receive the recovery you deserve, it is essential to consult an experienced Georgia personal injury lawyer who understands comparative negligence laws.
The team at Fry Goehring is dedicated to helping car accident victims and their families in Georgia navigate the complexities of the comparative negligence system and shared liability. Our attorneys will:
- Investigate the crash. We’ll investigate the details of your car accident, carefully assessing the evidence to determine each party’s level of responsibility. Our attorneys will also gather all the crucial evidence to support your claim.
- Handle negotiations with insurance companies. Our team of seasoned auto accident attorneys will handle negotiations with insurance companies on your behalf. We’ll ensure that they don’t unfairly blame you in an attempt to reduce your damages or deny your claim.
- Stand up for your rights. We’ll tirelessly advocate for your interests, pursuing the maximum compensation you deserve under Georgia’s modified comparative negligence laws.
- Represent you in court. If negotiations hit a dead end, our lawyers are skilled litigators and will not hesitate to represent you in court. We will present a compelling case to demonstrate the defendant’s degree of negligence and your entitlement to damages.
Without an experienced lawyer by your side, you can count on the defendant and insurance companies to argue that you were mostly to blame for the crash, which could mean a lowball offer or no compensation altogether. Working with Fry Goehring’s seasoned personal injury attorneys, on the other hand, can be a game changer in successfully refuting any claims of shared liability made by the other side and getting you the fair settlement or award you deserve.
How Shared Liability Affects Car Accident Claims in Georgia
The application of Georgia’s modified comparative negligence rule can significantly impact the outcome of your car accident case, including the compensation you receive from the other at-fault parties. Here are two ways shared liability may affect car accident claims in Georgia:
- Insurance negotiations. Auto liability insurance companies may use shared blame to decrease the amount they pay in settlements. Insurance companies often use the modified comparative negligence rule to their advantage during settlement negotiations. They may try not only to blame you for the crash but also assign you a higher percentage of fault to reduce the amount they have to pay. An experienced attorney can be invaluable in countering these tactics and fighting for a fair settlement.
- Reducing compensation. Remember, the damages awarded to the injured party may be reduced based on the percentage of fault assigned to each party. A defendant and their attorney may use the same argument during a personal injury lawsuit to reduce the amount they may have to pay for injuries and other losses resulting from the crash.
Determining Fault Percentages in Georgia Car Accidents
Whether you settle your Georgia car accident case out of court or your case ends up going to trial, the weight of the evidence ultimately determines each party’s fault or liability percentage. Crucial evidence that insurance adjusters, juries, or judges review to determine fault percentages includes:
- Police accident reports. Following an accident, the responding officers will assess the scene and file a car accident report. This report includes statements from witnesses who saw the accident go down, along with a sketch diagram showing where everything happened.
- Eyewitness testimony. Firsthand accounts and signed statements from eyewitnesses detailing the events leading to the collision.
- Photographs and video evidence. Visual documentation of the accident scene, vehicle damage, and road conditions.
- Vehicle damage assessment. Evaluation of the extent and location of damage to determine the collision’s point of impact and severity.
- Expert accident reconstruction reports. Analysis of physical evidence to recreate the sequence of events leading to the accident.
- Driver statements. Statements provided by drivers involved in the accident, including admissions of fault or liability.
- Medical records. Documentation of injuries sustained by the parties involved and their impact on driving abilities.
- Traffic laws and regulations. Review applicable laws to determine if traffic violations occurred.
Each car accident case in Georgia is unique, and there’s no one-size-fits-all approach to determining fault percentages. Given the various factors that can impact comparative negligence in a case, having a legal team you can trust is crucial.
At Fry Goehring, we will conduct an independent investigation after your crash to collect vital evidence to support your claim. This helps us defend your rights against formidable opponents, including insurance companies, especially when they try to shift the blame for the accident. By examining, collecting, and presenting all vital evidence in your case, our Atlanta personal injury lawyers can build a case that’s as favorable to your desired outcome as possible.
Speak With a Georgia Car Accident Lawyer Today
Being found partially responsible for a car accident in Georgia can be financially devastating if you suffer severe injuries and consequently incur significant medical bills, lost income, and other damages. However, just because the other party or insurance company says that you were partially responsible for causing the crash doesn’t mean you have to accept their findings or that you cannot recover compensation.
If you were hurt or lost a family member in a Georgia car accident, turn to Fry Goehring for the powerful representation you need. We can help you take all the necessary steps to reduce the likelihood of a liability dispute. If one does arise, our car accident lawyers can aggressively represent your interests during negotiations. Let us help you push back when defendants and insurance companies try to use shared liability to make you a lowball offer.
The legal team at Fry Goehring has extensive experience representing the injured and their families. Schedule a 100% free consultation today by calling 404-969-1284, or use our online contact form to reach us at any time.
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