Day: March 28, 2025

If you are injured in a car accident, and the other driver was at fault, you may be eligible for financial compensation by filing a personal injury claim. However, every state follows certain laws when it comes to negligence. For example, in states that follow pure comparative negligence laws, motorists can recover compensation, even if they are 99% at fault for causing the accident. In contributory negligence states, a car accident victim is prohibited from recovering compensation if they are even 1% at fault.

Georgia, though, follows comparative negligence laws, which state that car accident victims may recover compensation, provided they are less than 50% responsible for causing the accident. If you have questions or concerns about the claims process and how to recover the compensation you deserve, it is highly recommended that you contact an experienced car accident lawyer as soon as possible.

What Do I Need to Know About Comparative Negligence?

If you are a licensed motorist in Georgia, it is important that you have a general understanding of comparative negligence in the event you are involved in a car accident. Comparative negligence is more lenient than contributory negligence, but more strict than pure comparative negligence. If you are less than 50% at fault for causing an accident, you are entitled to financial compensation.

However, your total damages will be reduced by the percentage of your share of liability. For example, if you were 20% at fault, and the total damages are $10,000, you may recover $8,000. If your share of liability is 50% or higher, you will be unable to recover any damages. In order to recover the maximum damages, you must be able to prove that the other driver was negligent and over 50% liable for causing the accident.

How Do I Prove that the Other Motorist Was Negligent?

Car accidents are generally caused by some type of negligence, including speeding, distracted driving, tailgating, drunk driving, or a failure to obey the rules of the road. If you are involved in a car accident, and the other driver was responsible for causing the accident, you will have the burden of proving that the other driver was negligent. The following are the elements of negligence that you have the burden of proving:

• The other driver had a duty of care to obey the rules of the road, pay attention to other motorists, and avoid unsafe driving behaviors.
• The other driver breached the duty of care. If the other driver was speeding, talking or texting on the phone, weaving in and out of lanes, drunk driving, or engaging in any other irresponsible behaviors while driving, they failed to meet their duty of care.
• You must also be able to prove that the negligent behavior caused the accident that resulted in your injuries. In order to prove this, you will need to obtain evidence proving that they behaved negligently and that you would not have been injured if the other driver had behaved responsibly. This may include police reports, photos from the accident scene, and witness statements.
• Finally, you must show that you suffered financial losses as a result of the accident.

What Factors Are Likely to Influence Fault in Georgia?

Georgia is an at-fault state, which means that the at-fault driver’s insurance company will be responsible for compensating you for your losses. Insurance companies are in the business of making money, so they will resort to a range of tactics to avoid paying a large settlement. That includes looking for evidence that may help shift some of the blame from their policyholder to you. The following are examples of evidence that the insurance company will use to establish fault:

• Police report. If the responding police officer included any information in the police report that would suggest that you shared a percentage of the blame for causing the accident, this would be used to place some of the blame on you, reducing the total damages the insurance company is responsible for paying you.
• Prior motor vehicle infractions. If you were ticketed for speeding, tailgating, reckless driving, distracted driving, or any other infraction in the past, the insurance company may argue that your compensation amount should be reduced.
• Toxicology test results. If the police officer who pulled you over had reason to believe that you were drunk driving, they may order you to take a breathalyzer test. If you fail the test or refuse to take the test, it will be much more difficult to recover compensation from the insurance company.
• Wireless service records. If your wireless service records show that you were talking or texting at the time of the accident, the other driver’s insurance company will likely reduce their settlement offer.
• Your medical records. If your medical records indicate that your injuries are not as serious as you claimed or that you failed to seek immediate medical attention at the accident scene, the other driver’s insurance company may reduce their settlement offer.
• Black box data. If either of the vehicles involved in the accident were equipped with a black box device, the insurance company can request the data and use it to argue that you were speeding, driving recklessly, or engaging in other behavior that places blame on you.

What Are Examples of How Comparative Negligence Applies in a Car Accident in Georgia?

The following are a range of scenarios where both drivers involved in a car accident shared fault, and comparative negligence rules will determine the percentage of fault shared by each driver:

• You make a left turn in front of another vehicle that is speeding through a red light at an intersection.
• You slowed down in an attempt to make an illegal U-turn and are hit by a driver attempting to illegally pass you from behind.
• You are hit by a driver who ran through a red light while you were texting or talking on the phone.
• You were hit by an oncoming vehicle at an intersection while making a turn, but your headlights were not on, and it was starting to get dark.

Savannah Car Accident Lawyers at Kicklighter Law Help Clients Navigate the Claims Process

If you or a loved one was injured in a car accident, do not hesitate to contact the Savannah car accident lawyers at Kicklighter Law. Our dedicated legal team will negotiate with the insurance company on your behalf and ensure that your legal rights are protected. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.