If you were partially at fault for a car accident in Georgia, you may still be able to recover damages if your share of fault is less than 50%. Under state law, your financial recovery will be reduced by your percentage of fault, but you can still file a claim.
Even a small disagreement over fault can affect the amount you receive. Our Atlanta car accident lawyer will investigate the crash, challenge unfair blame from the opposing side, and work to protect the value of your case.
How Does Partial Fault Work in Georgia?
Georgia follows a modified comparative negligence rule. This means fault can be divided among everyone involved in the crash. Each person receives a percentage based on their actions before the collision.
For example, if one driver may have been speeding, and the other driver may have failed to signal before changing lanes, both may have contributed to the accident. Instead of deciding that only one person caused the accident, the law allows both to share responsibility.
Who Decides How Much Fault Each Driver Has?
Several people may influence the final decision. These may include police officers preparing the accident report, insurance adjusters, attorneys representing each side, accident reconstruction professionals, or a jury if the case goes to trial.
The insurance company’s first decision is not always correct. Fault percentages can change after more evidence is collected.
Can More Than Two People Share Responsibility for a Crash?
Some cases do involve more than the two people who were driving the vehicles. Depending on the facts, liability could include:
- A commercial trucking company
- An employer
- A vehicle manufacturer
- A company responsible for the vehicle’s maintenance
- A government agency responsible for caring for the roads
- A construction company or contractor
When we handle injury cases, we look at every possible source of liability, which may increase the auto insurance coverage available in a claim.
What Evidence Can Affect the Fault Decision?
The stronger the evidence, the easier it becomes to show what happened. Useful evidence may include:
- Police reports: The responding officer may document road conditions, witness statements, traffic violations, and other observations.
- Photos and videos: Images of vehicle damage, skid marks, traffic signs, and the accident scene can help explain how the accident happened. Traffic camera footage, dash camera recordings, or surveillance video from nearby businesses may also provide evidence.
- Witness statements: Independent witnesses often provide details that neither driver remembers.
- Vehicle damage: The location and severity of the damage sometimes help explain how the vehicles crashed.
- Cell phone records: In some cases, records may show whether a driver was distracted at the time of the crash.
Common Situations Where Fault May Be Shared
Georgia’s comparative negligence law can apply in many different types of accidents. Examples include:
- Rear-end collisions
- Intersection crashes
- Lane-change accidents
- Left-turn collisions
- Parking lot accidents
- Multi-vehicle crashes
The type of crash does not determine fault. Those investigating the accident look at the actions of everyone involved before deciding how responsibility should be divided.
What Damages Can Still Be Recovered if You Are Partly At Fault?
Depending on the case, your damages may include medical costs, lost income, future treatment, damage to your vehicle, pain and suffering, and other collision-related losses. If your injuries affect your ability to work or require ongoing care, those future damages may also be considered.
Calculating damages involves more than adding up current bills. A claim should reflect the financial costs you have already experienced and those that are reasonably expected in the future.
Can the Insurance Company Blame You Without Proof?
Insurance companies may argue that you share more fault than you actually do. If they can reduce your percentage of recovery, that means they pay out less money. This is one reason evidence matters. Our attorney will challenge unsupported claims by presenting evidence that tells the full story.
What Should I Do If the Other Driver Says the Crash Was My Fault?
Stay calm and avoid arguing at the scene. After the accident, try to call law enforcement and seek medical care, even if you feel fine. Take photographs if it is safe to do so, and collect contact details from people who saw the accident.
Notify your insurance company, but avoid saying anything that could be taken as an admission of fault. Before you speak to your insurer, you can reach out to our firm. We will speak to the insurance company for you.
Many accidents are more complicated than they first appear. A full review of a crash often reveals details that were not obvious immediately after the collision.
What if the Insurance Company Says I Was Mostly Responsible?
Even if the insurer tries to blame you for the crash, it does not end your claim. Additional evidence may support a different conclusion. This is one reason people choose to have an attorney to review the evidence before accepting the insurance company’s decision.
Talk With Our Atlanta Car Accident Lawyer About Partial Fault
Questions about what happens if you were partly at fault for a car crash in Georgia often come down to the evidence and how fault is assigned. A careful investigation can make a difference in the outcome of your claim. For more than 25 years, Van Sant Law has helped Georgia injury victims pursue the financial resources they need after serious accidents.
We have recovered hundreds of millions of dollars for our clients, and our attorneys draw on decades of combined legal experience, including the unique perspective of founding attorney David M. Van Sant, who formerly defended claims for a major insurance company.
Our team looks for all liable parties in a crash and every source of insurance when seeking damages. Make the Right Call. Contact Van Sant Law for a free consultation to discuss the next steps. We work on contingency, so you don’t pay unless we win your case.
