Comparative Negligence in Riverdale Car Accident Claims

Comparative Negligence in Riverdale Car Accident Claims

Determining who would be responsible for a car accident can be difficult. More than one driver involved in an accident might have engaged in negligent behavior such as speeding or driving while distracted. When it is not clear exactly who was at fault for an accident or whether several parties share responsibility, the doctrine of comparative negligence comes into play.

If you have been injured in a car accident in Riverdale, a personal injury attorney experienced in comparative negligence in Riverdale car accident claims could help you sort out who’s responsible. A skilled attorney could provide legal advice on how to pursue financial compensation for your injuries – even if you were partially at fault for the accident.

Georgia’s Modified Comparative Negligence System

Like many states, Georgia has a modified comparative negligence system for insurance claims. This law requires anyone seeking compensation from a car accident to show negligence on the part of the driver or drivers who caused the accident. If there are multiple parties who contributed to the accident, the plaintiff may name all the contributors as defendants, and they will share liability.

The defendants may raise the defense of comparative negligence, arguing that the plaintiff’s negligence contributed to the accident, thereby barring or reducing the plaintiff’s financial recovery. If the plaintiff is found to be found less at fault than the other parties, i.e., no more than 49 percent at fault for the accident, their award will be reduced by their contribution to the accident. If the injured party is found to be at least 50 percent at fault, they will be entirely barred from recovery.

Examples of Comparative Negligence in Auto Collision Claims

In Riverdale car accidents, comparative negligence can often come into play. For example, if a motorist making an illegal left turn across traffic is struck by an oncoming vehicle that is speeding, the drivers could share responsibility for the accident. Both have fault for violating traffic laws and would probably be found negligent for breaching their duty to drive safely.

Assume the driver of the turning vehicle (Driver A) sues the speeding driver (Driver B) for their damages arising from the accident. Driver A would argue that Driver B was negligent in speeding and therefore liable for their damages totaling $100,000. Driver B would argue in defense that Driver A was negligent in making the illegal left turn and therefore barred from recovery.

Under Georgia’s comparative negligence rule, Driver A could recover compensation from Driver B if Driver B were found negligent. However, Driver A’s recovery would be reduced by the percentage that their own negligence contributed to the accident. In this example, if the jury found Driver A was 25% at fault for turning illegally, and Driver B 75% at fault for speeding, then Driver A would only recover $75,000 from Driver B.

If Driver A’s negligence contributed to the accident by 50% or more, they would be barred from recovering any damages from Driver B in a Riverdale car accident claim.

Seeking Assistance for Riverdale Car Accident Claim

Georgia’s modified comparative negligence law allows an injured party to recover damages in a car accident claim, even if they were partially responsible. The technical application of the rule in a specific case involves art as much as science, understanding the needed evidence to properly apportion fault. A personal injury attorney experienced with the application of comparative negligence in Riverdale car accident claims could help build your case for recovery, even if you are partially at fault.

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