![]() This rule states that injured motorists are barred from collecting any compensation if they are even 1% at fault for the accident. While Georgia is among the states that apply the standard of comparative negligence, others, including Alabama, Virginia, and North Carolina, follow a strict or “pure” contributory negligence standard. In this case, the Judge would reduce the Verdict, and award you only $70,000 (or 30% less than the total award). In a personal injury case, if the plaintiff (or “victim”) is partially at fault for causing the accident, the Court or Jury will determine how much of the wreck was the plaintiff’s fault. After a Verdict, the Judge will apply the percentage of fault assigned to the victim and reduce the monetary award of damages by that amount.įor example, let’s say that a Jury finds in your favor because the at-fault defendant driver pulled out in front of you, and you receive a verdict in the amount of $100,000. But the Jury also finds you were 30% at fault because you were speeding at the time of the crash. How Does Comparative Negligence Apply in a Georgia Car Accident Case? If an accident victim’s actions contributed to their own injuries, then comparative negligence may affect the amount of money recovered in a personal injury or wrongful death claim or lawsuit.Īccording to Georgia’s Modified Comparative Fault law, a person who is injured in a car accident can recover monetary damages as long as a Court or Jury finds that the person claiming injury was no more than 49% at-fault in causing the collision or other incident. If the injured person is found to be 50% or more responsible, then the person cannot recover monetary damages. In these instances, Georgia law uses comparative negligence to determine each driver’s percentage of fault. Sometimes, multiple drivers may have been partially negligent and contributed to the accident. When it comes to car accidents, it’s not always one driver who is totally to blame. ![]() Modified Comparative Fault states that unless the injury claimant was less than 50% at fault in causing an accident, they are not entitled to compensation.Georgia’s law of comparative negligence is sometimes used by lawyers and adjusters when negotiating the amount of personal injury settlements.Georgia uses comparative negligence to determine each driver’s percentage of fault and, therefore, how much their compensation may be decreased.
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