Car accidents happen quickly. In many cases, it can be difficult to know who is truly at fault for the events. It is also common for the actions of each party to contribute to a collision — for example, if one car ran a red light, but another car was speeding through the intersection.
If you think you may be partially at fault for a car accident that you were injured in, you are likely feeling worried about your ability to recover compensation for the damages you have suffered. Don’t worry — you may still have a case.
Georgia’s Modified Comparative Fault Laws
Every state handles fault in car accident cases differently. Georgia follows a “modified comparative fault” principle — meaning compensation is reduced according to a person’s percentage of fault, and compensation is barred for parties who are more than 50% at fault for a car accident.
For example, a driver may be identified as being 20% at fault for a car accident. If they have incurred $100,000 in damages, their award would be reduced by 20% ($20,000), and they would be entitled to $80,000 in compensation. However, if that same person were determined to be 60% at fault for the accident, they would not be able to recover $40,000 in compensation. Because they were mostly at fault, they would not be entitled to any award.