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.
