Glenda Mitchell Law Firm

Georgia: 770-800-1520

South Carolina: 864-326-3073

Call Us When You Have Been Hurt

Partially at fault for an accident? You can still recover damages

There is a common belief among drivers that, in the event of an accident, any indication of fault on a victim's part prevents him or her from collecting damages from a legal claim. In other words, they think negligence is an all-or-nothing situation.

In some states that may be true, but in Georgia, we observe modified comparative negligence laws. Below, we examine what this means and how it applies to you if you have recently been involved in an accident.

What is modified comparative negligence?

Broadly speaking, this legal phrase means that even if you were also negligent in an accident, you can recover damages. The amount you recover, however, will be decreased in proportion to the court's determination of your fault. For instance, if you were 25 percent to blame for the accident, you can still collect damages, but the award will be reduced by 25 percent.

Understand, though, that in Georgia, you cannot be more at fault or equally at fault for an accident. If the courts determine that you are 50 percent or more to blame for your injuries, you cannot recover damages.

What this means for your claim

Too many people make the mistake of assuming they are without legal options if they were partially to blame for a motor vehicle accident. They can then miss out on the damages that could be available through a legal claim, which could be considerable.

To avoid making a potentially costly mistake, you can consult an attorney to discuss your legal options in the wake of a serious accident. 

No Comments

Leave a comment
Comment Information
Contact The Firm

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Greenville Office
33 Market Point Drive
Greenville, SC 29607

Phone: 864-326-3073
Map & Directions

Cartersville Office
807 N. Tennessee Street
Suite 104
Cartersville, GA 30120

Phone: 864-326-3073
Fax: 770-234-4112
Map & Directions

Dallas Office
234 Parkmont Way
Dallas, GA 30132

Phone: 864-326-3073
Fax: 770-234-4112
Map & Directions

  • Cartersvile Office
  • Dallas Office
  • Greenville Office

Keep In Touch

Review Us