If you are reading this, you may be feeling overwhelmed after a car accident. You might be worried about paying medical bills, getting your car fixed, or just understanding what happens next. We want you to know that you are not alone. We understand how confusing and stressful this time can be. It can feel like your whole world was turned upside down in just a few seconds. The good news is that you do not have to go through this by yourself. There are laws in Georgia that can protect you, and there are people who can help you use those laws to move forward.
One of the most important things to know after a car accident in Georgia is how the law looks at fault. This can make a big difference in whether you get money for your injuries and how much you get. Today, we will talk about something called Georgia’s Comparative Fault Rule. Knowing how this works can help you feel more in control and prepared for what is ahead.
What is Georgia’s Comparative Fault Rule
In Georgia, the law uses something called the Comparative Fault Rule to decide who pays for damages after a car accident. This rule says that if you are hurt in a car crash, you can still get money for your injuries even if you were partly at fault. That means you do not have to be completely free of blame to win your case.
Here is how it works. If the accident was partly your fault and partly someone else’s fault, the court will figure out a percentage for each person. For example, if the court decides you were 20 percent at fault and the other driver was 80 percent at fault, you can still get money. However, the amount you get will be reduced by your percentage of fault. So if you were awarded $100,000, you would actually get $80,000 after your 20 percent share is taken away.
Adam Princenthal
Attorney At Law
David May
Attorney At Law
Matthew Wilson
Attorney At Law
How Comparative Fault Works in Real Life
Let’s say you were driving and another car ran a red light and hit you. But maybe you were going a little bit over the speed limit at the time. The other driver is clearly more at fault because they ran the red light, but your speeding might have made your injuries worse. A court might say the other driver is 90 percent at fault and you are 10 percent at fault. You would still be able to recover 90 percent of your damages.
This rule is important because it means you should never assume you cannot win your case just because you may have made a mistake. Sometimes people think they cannot file a claim because they were not perfect. That is not true. The law in Georgia allows you to recover money as long as you are not more than 49 percent at fault.
What Happens if You Are More Than 50 Percent at Fault
Georgia has something called a “modified” Comparative Fault Rule. This means you can only recover money if you are less than 50 percent responsible for the accident. If you are 50 percent or more at fault, you cannot recover anything.
This makes it very important to prove exactly what happened and show that the other driver was mostly to blame. Insurance companies know about this rule, and they often try to blame the victim as much as possible to lower the amount they have to pay. That is why having someone on your side who knows how to fight back is so important.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.”
- Debau
I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner."
- Nancy K.
I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!"
- Jacque Minor
Why Comparative Fault Matters in Your Car Accident Case
Understanding Georgia’s Comparative Fault Rule can help you know what to expect after a crash. It affects how much money you can get to pay for your injuries, car repairs, missed work, and pain and suffering. It also affects how you deal with insurance companies and what kind of evidence you need to collect.
If you are partly at fault, the insurance company may offer you less money or try to say you do not deserve anything. That is why it is so important to have strong proof like witness statements, photos, police reports, and medical records. These pieces of evidence can show what really happened and protect your rights.
How Fault is Decided in a Car Accident
When a car accident happens, insurance companies and sometimes the courts have to figure out who was at fault and by how much. They do this by looking at all the facts of the case. Things like the police report, pictures from the scene, witness statements, and even traffic camera videos can all play a part.
Sometimes fault is clear, like if someone runs a red light or is drunk while driving. Other times, it is more complicated. Maybe both drivers made mistakes, or maybe bad weather played a part. That is why every case is different, and why it is important to look closely at the details.
Things That Could Affect Fault in Your Case
Several factors could make a difference in how fault is assigned after a car crash. Speeding, distracted driving like texting, failing to yield, running a stop sign, and even small things like not using a turn signal can all be considered. If you were doing any of these things, the insurance company might try to say you are partly at fault.
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But just because they say it does not mean it is true. Sometimes insurance companies try to make victims feel guilty so they will accept a lower offer. That is why you need someone who can gather the right evidence and tell your side of the story clearly.
How a Lawyer Can Help With Comparative Fault Issues
Dealing with fault issues can be tricky. If the insurance company is trying to blame you or lower the amount they pay, a good lawyer can fight back. A lawyer can help gather strong evidence, talk to witnesses, work with accident reconstruction experts, and build a strong case to show who was really responsible.
A lawyer can also negotiate with the insurance company for you. Insurance companies have teams of people working to protect their bottom line. You deserve someone who will work just as hard for you and your future.
Common Mistakes to Avoid After a Car Accident
After a crash, it is easy to make mistakes that could hurt your case. Saying too much to the insurance company, admitting fault even when you are not sure, or waiting too long to get medical care can all be used against you.
It is important to be careful what you say and to get medical help right away. Even if you feel okay at first, some injuries show up later. Seeing a doctor right away can protect your health and also make your case stronger.
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Steps You Should Take After a Car Accident
If you have been in a car accident, the steps you take next are very important. Always call the police and make a report. Take pictures of the cars, the road, and anything else that might be important. Get the names and contact information of any witnesses. Go to the doctor and keep a record of your injuries. And most importantly, talk to someone who understands the law before you talk too much with the insurance company.
Why Acting Quickly Is So Important
In Georgia, you only have a certain amount of time to file a lawsuit after a car accident. This is called the statute of limitations. For most car accident cases, you have two years from the date of the crash to file a claim. If you miss this deadline, you may lose your right to get any money at all.
That is why it is so important to act quickly. Gathering evidence, talking to witnesses, and building a strong case takes time. The sooner you start, the better chance you have of getting the full amount you deserve.
You Do Not Have to Face This Alone
If you were hurt in a car accident and are worried about Georgia’s Comparative Fault Rule, you are not alone. Help is available, and you deserve to have someone on your side who cares about what happens to you. At Princenthal, May & Wilson, LLC, we are ready to listen to your story, answer your questions, and fight for the money you deserve. If you are ready to get started, contact us today. We are here to help you move forward.