Unlike the handful of no-fault car accident states where accident victims must file claims against their own auto insurance personal injury protection policies, Georgia is a fault-based insurance state. In Georgia, it matters who causes a car accident. Car accident victims may file compensation claims against the liability insurance of the party at fault for the accident, typically another driver. A successful car accident claim in Georgia requires proof of liability and a list of the accident victim’s economic and non-economic damages.
Proving Liability In a Fault-Based Accident State Like Georgia
To recover damages like property damage, medical expenses, lost income, and compensation for pain and suffering in a fault-based accident state requires a car accident injury victim to provide compelling evidence of the other party’s liability. The party that caused the accident through careless, reckless, or wrongful behavior (all examples of negligence) is responsible for compensating the victims, typically through their insurance. Proving negligence requires showing evidence of the following:
- The at-fault party owed a duty of reasonable care to others on the road, including the injury victim
- They breached this duty through negligence
- Their breach of duty directly caused the accident and injuries
- The injury victim suffered damages from the injury
The liable party is usually another driver, but in some cases, the investigation could show that another party caused or contributed to the accident, such as a negligent road maintenance agency or the manufacturer of a defective car part.
What Is Modified Comparative Negligence In Georgia?
Georgia operates under a modified comparative negligence system. Under this type of fault law, an accident victim can still recover compensation for their damages even if they contributed to the cause of the accident, as long as they are not more than 50% at fault. Georgia Code § 51-11-7 (2020) states the following:
“If the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant’s negligence, he is not entitled to recover. In other cases, the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained.”
How Does Modified Comparative Negligence Work?
To understand modified comparative negligence laws in Georgia, consider the following example:
If one driver pulls out of a parking lot onto a roadway into the path of a car and causes a collision, it might appear that the driver who pulled onto the road is 100% at fault. But what if it was a foggy morning and the approaching car had no headlights on? The insurance company could reasonably argue that the driver on the road shared fault for the accident by failing to turn on their headlights, making the car less visible. In this example, the insurance company could determine that the driver who pulled out in front of the moving vehicle is 70% at fault and the driver without headlights is 30% at fault. If both drivers were injured and each has $100,000 in injury damages, the driver who is 70% at fault cannot recover compensation because they are more than 50% responsible. The driver who is 30% at fault could still recover $70,000 because the insurance company deducts their percentage of fault from their compensation claim.
How Does a Georgia Car Accident Lawyer Help Georgia Car Accident Victims?
Georgia’s modified comparative negligence car accident law is beneficial when an accident victim contributed to the cause of their accident. They can still recover a portion of their damages as long as they are less than 50% responsible. Unfortunately, it may also incentivize an insurance company to assign an undue percentage of fault to an injury victim to reduce the amount they have to pay. Shifting liability to an injury victim of more than 50% means the insurer doesn’t have to pay anything.
An experienced Georgia car accident lawyer protects their client’s best interests by conducting a separate investigation and providing evidence to make a compelling case for the maximum compensation available. Call Marc Brown Law Firm for representation if you’ve suffered injuries in a Georgia car accident so that we can immediately protect your rights.