After an injury-causing accident, you may be wondering who is at fault. Each state has its own laws and procedures for determining liability after personal injury accidents, like car crashes. The question of fault is a significant factor in any injury claim, which is why knowing the system that will be used to identify the at-fault party is important.
Contributory Negligence vs. Comparative Fault
How fault is decided will dictate if an injured party can recover damages. Each state uses one of two approaches: contributory negligence or comparative fault.
Contributory Negligence
In contributory negligence states, plaintiffs cannot recover damages if they contributed to the accident in any way. Finding just 1% at fault would bar an accident victim from financial recovery. This law is incredibly restrictive, which is why few states still use contributory negligence in personal injury cases.
Comparative Fault
A more common approach to personal injury law is comparative fault. States that use this rule allow injured parties to recover damages even if they are partially to blame for the accident that caused their injuries. Some states use a system called pure comparative fault, which allows plaintiffs to recover damages even if they are 99% responsible for the accident.
There is also a modified comparative fault rule that limits the percentage of fault for monetary damages. If the plaintiff is more than 50 or 51% at fault for the accident, they cannot recover any financial compensation for their injuries. Georgia uses this modified comparative fault system in personal injury claims.
The Role of Fault in Georgia Accident Cases
According to Georgia’s modified comparative fault system, you may still be able to recover damages even if you are partially at fault for the accident that caused your injuries. Georgia law states that failing to exercise ordinary care does not prevent you from being awarded compensation, but it may reduce your recovery proportionately to your percentage of fault.
For example, if you are found to be 20% at fault for the accident, you would only be able to recover 80% of the damages you’re awarded. While you may be entitled to damages after an accident even if you are partially responsible, Georgia’s laws require your financial award to be decreased by your share of fault.
Atlanta’s Trusted Source of Personal Injury Guidance
Successfully navigating Georgia’s comparative fault system requires an in-depth understanding of the state’s complex laws and legal procedures. The personal injury attorneys at Flanagan Law have extensive experience helping clients in and around Atlanta hold negligent parties responsible for the harm they cause. Contact us today to schedule your free consultation.
