In Georgia, the concept of “comparative fault” is central to determining the amount of compensation an injured party can receive in a personal injury case. Comparative fault, or comparative negligence, is a legal principle used to allocate blame among parties involved in an accident. Under Georgia’s comparative fault rule, a person who is partially at fault for their own injuries can still recover damages, but their compensation is reduced by their percentage of fault.
For example, if you are involved in a car accident and found to be 20% at fault, your total compensation would be reduced by 20%. So, if the total damages amount to $100,000, you would receive $80,000 after accounting for your share of fault.
This principle is codified in O.C.G.A. § 51-12-33, which provides that “the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed.” This statute also specifies that the plaintiff’s damages are reduced in proportion to their percentage of fault.
Proving Fault in Comparative Negligence Cases:
Below include some examples of evidence used to establish fault for an accident in a personal injury case:
– Eyewitness testimony
– Photos or videos from the accident scene
– Expert witness reports (e.g., accident reconstructionists or medical experts)
– Documentary evidence
Key Takeaways:
1. Partial Fault Doesn’t Eliminate Compensation: In Georgia, you can still recover damages if you are partially at fault, as long as it’s less than 50% (O.C.G.A. § 51-12-33).
2. Greater Fault Reduces Compensation: The more fault assigned to you, the lower your compensation, so proving a minimal fault percentage is essential.
3. 50% or More at Fault Bars Recovery: Under Georgia’s modified comparative negligence rule, those who bear 50% or more responsibility cannot recover damages.
Navigating the comparative fault standard in Georgia can be challenging, particularly when determining the extent of each party’s responsibility. If you’ve been injured and suspect that you may share some fault, consulting with an experienced personal injury attorney is prudent. They can assess the strength of your case, gather crucial evidence, and work to minimize your percentage of fault for a car accident in Georgia.