It is important to prove a low degree of accident liability in an accident case because of Georgia’s modified comparative negligence laws for personal injury and wrongful death cases. These laws impact how much compensation accident victims may recover, and if they can recover anything at all.
Who holds accident fault?
As per the modified comparative negligence law, the court determines the percentage of fault attributed to all parties involved in the accident and decides the compensation amount based on these percentages. It is important to prove a lesser degree of accident liability so that an accident victim can recover fair compensation that is not reduced by any unfair percentage of fault assigned him or her.
The 50 Percent Rule
According to the Georgia negligence laws, a plaintiff is not entitled to receive compensation if found to be 50 percent or more at fault for the accident. This means that the plaintiff is not entitled to receive damages if found to be equally or more at fault than the defendant. The plaintiff can claim damages if found 49 percent at fault or less.
Accident Liability and Recovery of Damages
The compensation amount the accident victim receives will decrease in proportion to the percentage of his or her fault. For instance, a court may deem the plaintiff five percent at fault for a traffic accident, the rest of the 95 percent attributed to the defendant. So, if the plaintiff has claimed $10,000 in damages, he or she will receive five percent less, which in this case would be $9,500.
On the other hand, in the above-mentioned scenario, if the plaintiff is found 50 percent at fault for the accident, he or she will not receive anything by way of compensation.
Contact Jason R. Schultz for Accident Claims Help
Individuals in Peachtree City involved in accident cases need to gather and analyze evidence to prove that they were not at fault for the incident, or to ensure the percentage of fault assigned to them is fair and accurate. If facing this scenario, contact Jason R. Schultz at 404-474-0804 to set up a consultation about your case.