Car accidents can be complex legal matters, especially when determining fault. In Georgia, the concept of comparative negligence plays a significant role in these cases, affecting how damages are awarded.
What is Comparative Negligence in Georgia?
Georgia follows a modified comparative negligence rule with a 50% bar. This means that a plaintiff can recover damages in a personal injury case as long as their percentage of fault is 50% or less. If the plaintiff is found to be 50% or more at fault, they cannot recover any damages.
How Does Comparative Negligence Work in Georgia?
1. 50% Bar Rule: If the plaintiff is 50% or less at fault, they can recover damages, but their award is reduced by their percentage of fault. For example, if the plaintiff is found to be 30% at fault and the total damages are $10,000, they can recover $7,000 (70% of $10,000).
2. Determining Fault: The court or jury determines the percentage of fault of each party involved based on the evidence presented. This determination is crucial in determining the amount of damages the plaintiff can recover.
3. Impact on Damages: Comparative negligence in Georgia impacts the amount of damages a plaintiff can recover. Even if the plaintiff is partially at fault for the accident, they may still be able to recover damages as long as their fault is less than 50%.
Contact 770GoodLaw for Legal Assistance
If you’ve been involved in a car accident in Georgia and are facing issues related to comparative negligence, it’s important to seek legal advice. At 770GoodLaw, our team of experienced car accident lawyers can help you understand your rights and navigate the legal process. Contact us today for a free consultation.
