Atlanta’s roads, from the Downtown Connector to I-285, see thousands of car accidents each year. In many cases, the fault isn’t entirely on one driver—both parties may share responsibility. This can make it harder to recover full compensation for damages.
Comparative fault laws help determine how much compensation an injured driver can receive when multiple parties are at fault. These laws vary by state, and Georgia follows a modified version that limits recovery based on fault percentage.
Atlanta car accident lawyers assist victims in understanding these laws, proving liability, and protecting their right to fair compensation.
Understanding Comparative Fault
Comparative fault is a legal principle that assigns blame in an accident based on each party’s level of responsibility. Instead of one driver being entirely at fault, the law distributes liability proportionally. This directly impacts how much compensation an injured driver can receive.
There are two main types of comparative fault:
- Pure Comparative Fault– A driver can recover damages even if they are 99% at fault, but their percentage of fault reduces their compensation.
- Modified Comparative Fault– A driver can only recover damages if their fault is below a certain threshold, typically 50% or 51%, depending on the state.
For example, if one driver runs a red light while another is speeding, the fault may be split—perhaps 70% to the red-light runner and 30% to the speeder. If the speeder had $10,000 in damages, they could only recover $7,000 under pure comparative fault and might recover nothing under modified rules.
How Comparative Fault Affects Car Accident Claims
When you file a car accident claim, your percentage of fault directly affects how much money you can receive. If you are found to be partly responsible, your compensation will be reduced by that percentage. For instance, if you’re 20% at fault, and the total damages are $10,000, you’ll only receive $8,000.
Insurance companies use comparative fault to decide how much to pay out. They investigate the accident to determine each party’s level of responsibility. This affects their settlement offer. They may reduce the amount they offer based on their assessment of your fault.
In settlements and court cases, comparative fault’s plays a crucial role. During negotiations, lawyers argue about the degree of fault each person bears. If a case goes to trial, a judge or jury will determine the percentage of fault. This decision will directly impact the final judgment.
Evidence is key in determining fault. Police reports, witness statements, and accident scene photos are used. These pieces of evidence help to piece together what happened and assign percentages of fault. Expert testimony can also be used to reconstruct the accident.
Modified Comparative Fault
Modified comparative fault states use either a 50% or 51% rule. These rules limit your ability to recover damages if you’re too much at fault. The 50% rule means you can recover damages only if you’re 50% or less at fault. The 51% rule allows recovery if you’re 50% or less at fault.
For example, in a 51% rule state, if you’re found 51% at fault, you get nothing. If you’re 50% or less at fault, your recovery is reduced by your percentage of fault.
