Comparative Negligence in Norcross Car Accident Claims
Georgia is a modified comparative negligence jurisdiction. Therefore, in order for an injured car accident victim to recover damages, they must prove that the other driver involved was more than 50 percent at fault for the wreck. In criminal cases, the standard of proof is beyond a reasonable doubt. However, in civil suits, it is more likely than not. If a claimant can prove more likely than not that the other driver was at fault, they will be able to recover compensation. For more information about comparative negligence in Norcross car accident claims, contact an attorney today. Let a seasoned car collision lawyer explain your rights.
What is an Example of Comparative Negligence in a Car Wreck Claim?
To better understand the concept of comparative negligence, consider the following example. Two vehicles collide in the middle of an intersection, and both parties stated that they had a green light. The injured person’s attorney could gather evidence to show that the other driver failed to yield to the right of way. However, there might also be evidence that shows that the claimant did not slow down in time to avoid the accident.
After reviewing all the facts of the case, it might be determined that the defendant was 70 percent at fault and the claimant was 30 percent negligent for the wreck. The injured victim can still recover compensation. However, their compensation will be reduced by 30 percent. For instance, if the individual’s claim is assessed at $100,000, then they will only be entitled to $70,000.
How Could Someone Combat a Comparative Negligence Claim?
When the defendant’s insurance company is claiming comparative negligence, the injured person will work to gather evidence to show the other driver was at fault. One of the critical pieces of evidence is the 9-1-1 call report. This report contains information regarding the accident and may help prove liability. A seasoned lawyer could also use witnesses as key evidence. An investigator could look into the case and help locate witnesses.
Lastly, if there was no citation given to the other driver, the police report did not reveal any claims of negligence, and video evidence was unavailable, then an attorney might utilize an accident reconstruction expert. A reconstructionist can attempt to reenact a particular accident based on just the damages to all the vehicles involved and the physical evidence left at the scene such as skid marks, knocked down poles, or damaged medians.
Comparative neglience in Norcross car wreck claims could harm a claimant’s recovered compensation. Insurance companies often levy claims of partial fault against an injured individual in an attempt to reduce its end of payment. This is why it is important for injured individuals to obtain an accomplished lawyer.
Contacting an Attorney Following a Car Accident
If you were injured in a car wreck, you might be eligible for compensation. However, the at-fault driver’s insurance company may attempt to assign some liability to you in order to reduce your compensation. Fortunately, a lawyer knowledgeable about comparative negligence in Norcross car accident claims could fight for you. Call today and set up a consultation.