Can You Recover Compensation If You Were Partially at Fault in a Georgia Car Accident?

After a car accident in Atlanta, everything can feel chaotic and confusing. You are dealing with injuries, vehicle repairs, and mounting medical bills. Then, the other driver’s insurance company calls and suggests that you were also partially to blame for the crash. It is a common tactic designed to discourage you and convince you you have no right to compensation.

A question that may arise is whether you can still recover money if you were partly at fault for the accident. Fortunately, Georgia law does not automatically bar you from seeking compensation because you share a small percentage of the blame. Understanding how the state handles shared fault is the key to protecting your rights and pursuing the settlement you need.

When navigating the complex legal landscape of personal injury settlements, it’s vital to work closely with dedicated lawyers who can fight aggressively to protect your rights. Legal experts understand how the system works and can shield you from low-ball offers that may not fully compensate you for your losses.

Understanding Georgia’s Modified Comparative Negligence Rule

Georgia operates under a legal rule known as modified comparative negligence. This rule, outlined in Georgia Code O.C.G.A. § 51-12-33, directly addresses situations where more than one person is at fault for an accident. It is a more forgiving system than the laws in some other states, which might prevent you from recovering anything if you are found even 1% at fault.

The rule works in two main parts:

• The 50% Bar Rule: You can recover damages from another at-fault party as long as your percentage of fault is less than 50%. If a court or jury determines you were 50% or more responsible for the accident, you are barred from recovering any compensation.
• Reduction of Damages: If you are found to be less than 50% at fault, your final compensation award will be reduced by your percentage of fault.

This system is designed to be fair, but its application can be complex. The percentage of fault assigned to each driver is often the most contentious part of a personal injury case.

How Is Fault Determined and What Does It Look Like in Practice?

Determining the percentage of fault is not a simple math problem. It involves a careful investigation and a detailed analysis of all available evidence from the crash. Insurance companies, lawyers, and ultimately a jury will look at factors like:

• The official police report and the officer’s notes.
• Statements from all drivers and any eyewitnesses.
• Photos and videos from the accident scene.
• Traffic camera or dashcam footage.
• Expert analysis from accident reconstruction specialists.

Consider this practical example: Imagine you were in a collision and suffered injuries that resulted in $100,000 in damages. After an investigation, it is determined that the other driver was 80% at fault for running a stop sign, but you were 20% at fault for driving slightly over the speed limit.

Under Georgia’s law:

• You are eligible to recover compensation because your fault (20%) is less than 50%.
•  Your compensation of $100,000 would be reduced by 20% of fault ($20,000).
•  You would be able to recover $80,000.

This is why the fight over percentages is so critical. An insurance company will do everything possible to increase your percentage of fault to reduce the settlement amount. Working with skilled personal injury attorneys in Georgia is crucial to fight for what you rightfully deserve.

The Insurance Company Is Not on Your Side

Insurance adjusters are trained to protect their company’s bottom line. When they learn about an accident, they aim to pay as little as possible. One of their most effective strategies is shifting as much blame as possible onto you, the injury victim. They might take your words out of context from a recorded statement or misinterpret the police report to argue that you were more at fault than you actually were.

This is where an aggressive legal approach by experienced lawyers becomes your greatest asset. These legal experts know insurance adjusters’ tactics and do not let them get away with unfairly blaming you. They can fight to ensure that the facts are presented clearly and that the percentage of fault is assigned based on evidence, not on an insurance company’s self-serving agenda.

We Are Here to Fight for You

Dealing with the aftermath of a car accident is hard enough without the added stress of an insurance company trying to blame you. At Washington Legal Group, we are here to lift that burden. A former judge leads our legal team, and this unique background gives us an edge that other law firms lack within the legal system.

We know how evidence is weighed in a courtroom and how arguments about liability are perceived from the bench. This experience allows us to build a more strategic and persuasive case from the beginning. We anticipate the insurance company’s arguments and proactively counter them with compelling evidence.

Trust us to handle every aspect of your case, from the initial investigation to the final negotiations, so that you can focus on healing. When looking for personal injury lawyers in Georgia, this level of experience can make a significant difference in your case. The aim is to fight for a fair settlement if you were hurt in a car accident and you were partially at fault. Let us evaluate the details to determine if you have a strong case for significant compensation. Contact Washington Legal Group today at [404-809-2394] for a consultation.