How is fault determined after a car accident in Georgia?
To determine who was at fault in a car accident in Georgia, you’ll need to understand “proportional comparative fault.” Under Georgia law, proportional comparative fault – also known in Georgia as the modified comparative negligence 50% bar rule – is used to calculate how much each party is compensated for injuries caused by the car accident.
Car accident lawyers in Georgia and insurance adjusters will typically evaluate the facts in the case to determine fault. If one party broke a law, such as speeding or failing to stop at an intersection, and the other driver was obeying driving laws, the first driver will more than likely be assigned a higher degree of fault in the accident.
In other car accidents, both drivers may have broken the law, which makes determining fault more complicated. A Villa Rica car accident lawyer should evaluate this type of case for help in determining fault. These types of cases often end up in court. The court will determine, based on the details of the accident – and specifically, using any evidence or witness testimony available – the percentage of fault assigned to each driver.
Your car accident attorney can help you to determine whether both drivers were equally at fault, or if one party is more at fault than the other, which could mean that the other driver may be eligible for a settlement to pay for vehicle repairs or medical bills associated with injuries sustained in the car accident.
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