If you have been involved in a car accident, it may be possible to file a personal injury lawsuit against the driver at fault for causing the accident. This type of claim is brought under the theory of negligence. Under negligence claims, it is important to determine each person’s percentage of fault for causing the accident.
Comparative/Contributory Negligence
A person is negligent if he or she fails to exercise a certain level of care in order to help lower the risk that another person will be injured. For example, a car accident may be caused by the negligence of a person who fails to stop at a red light. If the other driver involved in the accident was obeying all traffic laws (and was not otherwise negligent), 100 percent of the fault will be assigned to the driver who went through the red light. However, many times car accidents do not work this way.
Sometimes, both drivers involved in an accident share some part of the blame. The amount a person was at fault for an accident, known as comparative or contributory negligence, has significant consequences for potential damage awards. Under Georgia law, a person can only recover if he or she is less than 50 percent at fault for an accident. Further, a successful plaintiff will have his or her damage award reduced by their percentage of fault. As a result of this, it is becomes crucial to determine how each driver was operating their vehicle at the time of the accident.
Georgia is what is known as a modified comparative fault state. This means that in a car accident lawsuit, the percentage of fault for the accident is assigned to each driver involved. An individual can recover from anyone who is more at fault for the accident. However, the amount of any award granted is reduced by that person’s percentage of fault. On the other hand, if the parties are equally at fault (50% each), or if the jury determines that the injured party was more at fault than the defendant driver, then the injured party will be allowed to recover nothing, because he or she was more to blame for the wreck. This is called contributory negligence. Some examples may help illustrate the point.
Imagine a successful plaintiff is deemed to be 25 percent at fault, the other driver is 75 percent at fault, and the damage award is $10,000. The plaintiff will have the damage award reduced by $2,500 (25 percent of $10,000), meaning he or she will only receive $7,500. On the other hand, if the jury determines that both parties were 50% at fault, then the injured plaintiff will recover nothing. That is because in other to recover, the defendant must be found to be more at fault, even by 1%, than the injured party.
It is important to note that, while the comparative fault rules govern what will happen in a lawsuit, insurance companies are also aware of those rules. As a result, when making a claim against the other driver’s insurance carrier, the insurance adjuster will examine the potential level of fault that may be assigned to each party if the case were to go to court. This will become an issue that will have to be negotiated between the claimant and the insurance company.
Help after an Accident
A car accident can have a significant impact on your life. At the very least, an accident will cause damage to your vehicle. At the worst, you may be injured. Whether negotiating with an insurance company or preparing to file a personal injury claim, it is important to contact an experienced attorney as soon as possible after your accident. Wade Law Offices can help you. We look forward to hearing from you.
