In the aftermath of a car accident, determining who is at fault is a crucial step. This is especially true in Georgia, where a “modified comparative fault” rule impacts how damages are awarded in accident cases. Understanding this rule and how fault is determined can significantly influence the compensation you might receive after an accident.
How does fault factor into an accident case in Georgia?
Under modified comparative fault, you can receive compensation in a lawsuit as long as you were less than 50 percent responsible for the collision. If you are 50% or more at fault, you cannot receive compensation.
This rule also means that the amount of compensation you receive decreases based on the amount that you contributed to the crash. For example, if the total damage from an accident is $10,000 and the court determines that you were 30% at fault, you could only get $7,000. Knowing how this works can help you when you talk to insurance companies or if you decide to go to court.
How can you prove who was at fault?
Determining fault can be difficult and involves looking at all the details to understand the full story. A variety of evidence can support your side of the story, including:
- Police reports
- Eyewitness testimonies
- Photographs of the accident scene
- Videos from the scene
- Statements from each driver
Because car accident claims can quickly become complicated, it might be a good idea to talk to an experienced personal injury attorney. A lawyer can help make your case stronger and work to get you the most money possible by showing that you were less at fault.
Understanding the role of fault in a Georgia collision claim can help you make informed decisions in the aftermath of a crash.