Fault and liability after a Georgia car crash may not be straightforward. There are numerous scenarios in which more than one party might have partial responsibility for a collision.
The driver primarily at fault for the incident may try to defend against a compensation claim by blaming the injured party. In such cases, Georgia’s modified comparative negligence rule applies. Cases involving comparative negligence claims are often especially complex and typically require the assistance of a lawyer who has experience handling personal injury litigation.
What is modified comparative negligence?
Comparative negligence claims are requests that the courts determine how much fault each party involved in a crash had for the incident. If a driver injured in a rear-end crash had burned-out brake lights, the courts may agree that the distracted driver who hit them was only partially at fault because they could not see any brake lights as they approached the vehicle.
They may then determine that the driver in the front vehicle carried a certain percentage of fault. If the courts determined that the front driver was 15% at fault for the crash, they still have the right to take legal action. A 50% allocation of fault is the statutory limit for a lawsuit. Anyone who is 50% or more at fault for a car crash in Georgia cannot seek compensation from the other party involved in the incident.
If the portion of fault allocated to the plaintiff is less than 50%, they can proceed with their compensation claim. However, the courts adjust any damages awarded to them based on their percentage of fault for the incident. In the above-mentioned scenario where the plaintiff carries 15% of fault for the crash, they would receive 85% of the damages awarded by the courts instead of the full amount.
Those facing claims of partial responsibility may need help assessing collision circumstances and validating that they were not to blame for the crash that occurred. They may need help countering allegations of comparative negligence to ensure they receive appropriate compensation. Working with a personal injury attorney can help those facing claims of comparative negligence after a car crash prove that another party was at fault and optimize the compensation they receive at the end of the lawsuit.