When someone is involved in a car accident that results in personal injury, proving liability becomes crucial to any recovery. Only after the liability of the person who hit you is proven can juries and judges award you a monetary recovery. Therefore, understanding how car crash liability works is essential to securing a potential recovery in your case.
How Liability Works in Georgia
Georgia determines liability through the legal concept “comparative fault.” Comparative fault is the idea that more than one party can be partially responsible for causing an accident. In short, comparative fault can “blame” an accident’s occurrence on multiple people/parties.
Here is a hypothetical example of comparative fault. Suppose someone is going five miles over the speed limit and is t-boned by a driver who runs a red light.
Although the person who ran the red light will shoulder most of the determined liability, the speeding driver was technically breaking the law when he was hit, and this will impact the comparative fault of the accident. Therefore, a jury may find the driver who ran the red light 90% liable for the accident while simultaneously finding the driver who was speeding 10% liable.
These “fault percentages” will directly impact recovery amounts in personal injury cases. Therefore, if a jury determines that a driver injured in an accident deserves a $100,000 verdict, this verdict will be impacted proportionally by his comparative fault. Supposing a jury finds the driver 10% liable for the accident, he will lose 10% of his verdict amount and will only receive $90,000.
It’s important to note that a driver found at least 50% liable for an accident cannot recover damages under Georgia’s modified comparative negligence rule.
Need Help with Your Case?
If you or a loved one is injured in a personal injury accident, attorney Scot Kraeuter is here to help! Scot Kraeuter Personal Injury Law offers free consultations and works on a contingency-fee basis, which means you don’t pay anything unless we help you recover!
Call (912) 209-6513 now to set up your consultation today!