How Negligence Laws Can Impact Ability to Recover Damages in Georgia
In the state of Georgia, if a defendant can prove that the plaintiff was halfway (50 percent) negligent, the plaintiff cannot recover damages. The only way an injured person could recover damages is if he/she is 49 percent or less at fault.
This is why partial car accident liability can be very damaging to a case. Even if a person’s degree of fault is found to be less than 50 percent, the amount recoverable would be diminished.
Let’s say a collision was caused by another driver running a red light. But it’s also found that the injured person was texting at the time of the crash. If the driver who was texting is found 45 percent at fault, then 45 percent will be deducted from the damages.
So if damages totaled $32,000, the injured person would only be able to recover $17,600. This may not be enough to cover medical expenses, property damage and lost wages, let alone allow for recovery of other damages such as pain and suffering.
Importance of Seeking Legal Help if Defense Tactics Aim to Prove Partial Fault
There can be a lot at stake financially when there is a dispute concerning car accident liability. Not only does an injured person have to prove the other party was negligent but may have to defend oneself from claims of partial fault. The best way to protect one’s rights and to navigate what can be a difficult process is to contact an attorney.
