Often, collisions can happen because both drivers made mistakes that contributed to the crash. When this happens, most drivers are confused about how to recover damages when the accident is considered shared liability. If you’ve been injured in an accident where fault is shared, you may still be able to recover compensation under Georgia law.
Georgia’s Comparative Negligence Rule
Georgia follows a modified comparative negligence rule, which means more than one person can be found responsible for an accident. This rule is codified under O.C.G.A. § 51-12-33. Each driver is assigned a percentage of fault based on the evidence collected from the case. If you are found to be less than 50% responsible, you can still recover compensation for your injuries. However, your compensation will be reduced by your percentage of fault. So, if your damages total $100,000 and you are found to be 25% at fault, you could recover $75,000. If you are found to be 50% or more at fault, you cannot recover any damages under Georgia law.
How Is Fault Determined?
Fault is determined by examining all available evidence. Insurance companies, attorneys, and sometimes accident reconstruction experts evaluate factors such as:
- Police reports.
- Photos and videos from the accident scene.
- Witness statements.
- Vehicle damage.
- Traffic camera or dashcam recordings.
- Medical records.
Shared Fault
Insurance companies look for reasons to reduce the amount they must pay on a claim. One way they do this is by arguing that the injured driver was also responsible for the accident. This is known as shared fault.
For example, an insurer may claim you were speeding, following too closely, or failed to react quickly enough to avoid the collision. If they can increase your percentage of fault, they can reduce the amount of compensation they owe.
If an insurance company can claim that you are responsible for more than 50% of the fault, they do not have to pay you at all. That’s why it’s important not to admit fault at the scene or during conversations with an insurance adjuster before all the facts have been reviewed.
What Should You Do After an Accident?
If you are involved in a crash where liability might be shared, it is important to do the following things:
- Call 911 and report the accident.
- Seek medical attention, even if your injuries seem minor.
- Take photos of the damage, road conditions, and car details.
- Exchange information with the other driver.
- Get contact information from witnesses.
- Keep records of your medical treatment and expenses.
- Speak with Jones & Swanson before accepting a settlement offer.
An attorney can help investigate the accident, gather evidence, and advocate for a fair percentage of fault.
FAQs
Can I still recover compensation if I was partially at fault?
Yes. Under Georgia’s modified comparative negligence law, you may recover compensation as long as you are less than 50% responsible for the accident. Your recovery will be reduced by your percentage of fault. For example, if driver A is speeding, but driver B runs a red light, they may split liability with 25% fault going to driver A and 75% of fault going to driver B. If driver A files a lawsuit against driver B for $10,000 in damages, their payout will be reduced by 25%, and they will only be able to recover $7,500. If a driver is assigned over 50% of the fault, they are barred from recovering any damages. This is why it is important to consult an experienced personal injury attorney to ensure that the insurance companies do not over-inflate your percentage of fault.
Who decides how much fault each driver has?
Fault is typically determined through an investigation by the insurance companies’ adjusters based on evidence such as police reports, witness statements, photographs, and other documentation. If a claim goes to court, a judge or jury may ultimately decide each party’s percentage of fault. A police officer will write an assessment on the scene, but they do not determine the final liability percentages.
Fault percentages can be challenged once an adjuster makes an initial call. As new evidence comes in, such as a witness statement or a traffic camera recording, the fault percentages can shift. This is one reason cases may take time to resolve, and why it helps to have an attorney that can keep up with the claim as it develops and speak to the insurance adjusters on your behalf.
What if the insurance company says the accident was my fault?
You don’t have to accept the insurance company’s initial determination. Their goal is often to minimize payouts, and they may assign you more fault than is justified. An experienced attorney can review the evidence and advocate on your behalf. If you are in this situation, call Jones & Swanson for a FREE consultation to see if you may be eligible for compensation.
Avoid signing paperwork or agreeing to a settlement offer. Once you sign, it can be difficult to re-open the case, even if you later find evidence that proves the other driver was more at fault.
Should I speak to the other driver’s insurance company?
You do not have to, nor should you, speak with the insurance adjuster. You should always be cautious when speaking with an insurance adjuster, as it is possible to accidentally admit fault. You can leave this task to your own insurance carrier or an attorney. The other driver’s insurer may reach out quickly, often within a day or two of the crash. This is on purpose. Responding before anyone has had the chance to review the facts works in their favor, not yours. You should try to speak with an attorney before providing any recorded statement.
How long do I have to file a personal injury claim in Georgia?
Contacting a personal injury attorney as early as possible is recommended. In Georgia, generally, you must file a lawsuit within 2 years of your accident before the statute of limitations expires. Other factors can shorten or extend this deadline; that is why you should consult with an attorney about your case.
An experienced attorney can:
- Leverage evidence.
- Communicate with insurance companies.
- Evaluate medical records.
- Ensure that your fault is not overstated.
- Answer your questions and help you navigate the entire case.
At Jones & Swanson, we have a combined 50 years of legal experience, a proven track record of winning millions for our clients, and the tools to ensure you receive fair compensation from the party responsible for your damages.
Jones & Swanson Can Help
Jones & Swanson Is A Personal Injury Law Firm Located In Marietta and Cartersville, Georgia. If You or Someone You Know Has Benne Injured in a Shared Fault Accident, Seek Immediate Medical Assistance, Then Give Us A Call At (770) 270-3241 or contact Us On Awjlaw.com for A Free Consultation To Find Out The Next Steps You May Want To Take.
Categories: Auto Accidents, Car Accident, Catastrophic Injuries, FAQ, Georgia Laws, Personal Injury, Safety Tips, Summer Safety
