In the state of Georgia, drivers who are injured in an accident may still be able to recover damages, even if they were partially at fault for the accident. This is because Georgia follows a particular tort law principle regarding car accidents.
Georgia’s “Modified Comparative Fault” Rule
Under Georgia law, drivers injured in an accident can recover damages as long as they are not more than 49 percent at fault for the accident. This is known as the “modified comparative fault” rule.
The rule is meant to protect drivers who are only partially at fault for an accident. For example, if a driver runs a red light and is hit by another car, they may still be able to recover damages even though they were partially at fault for the accident. However, it’s important to note that any damages you are awarded will be reduced by the percentage that you are at fault. So, if you are 20 percent at fault for an accident, any damages you receive will be reduced by 20 percent.
How Does it Compare to Other Negligence Laws?
While other negligence law practices allow drivers to collect compensation no matter how much fault they are assigned, modified comparative fault continues to be adopted by most states. Alternative practices include:
- Contributory Negligence - Georgia’s modified comparative fault rule is a departure from the not-so-commonly used “contributory negligence” legal standard. Under contributory negligence laws, you cannot recover any damages if you are even 1 percent at fault for an accident. This means that in states with “contributory negligence” laws, you are out of luck if you are injured in an accident that is partially your fault.
- Pure Comparative Negligence - Some states follow a “pure comparative negligence” rule, which means you can recover damages no matter how much at fault you are for the accident. Under this standard, your damage award will simply be reduced in proportion to the amount of fault attributed to you.
Perrotta, Lamb & Johnson, LLC Can Help You in the Aftermath of a Car Accident
If you’ve been injured in a car accident, it can be challenging to know what your legal rights are and how much compensation you may be entitled to. Perrotta, Lamb & Johnson, LLC has years of experience helping accident victims calculate their damages and recover the compensation they deserve.
If you’ve been injured in a car accident, contact us today at (770) 637-7603 or fill out our form online!