Who is “at fault” for the Accident – How Georgia Courts Decide
When determining who is at fault in an accident, Georgia uses the doctrine of modified comparative fault. This system is opposed to the pure comparative fault doctrine or contributory negligence doctrine implemented by other states.
In Georgia personal injury cases, modified comparative fault is a doctrine where each party’s contribution of negligence is assigned as a percentage of the total fault. Once each involved party has been assigned a percentage of the total fault, they are liable to the plaintiff for their assigned percentage of the damages. The plaintiff may also be assigned a percentage of total fault under comparative fault (for example, if a plaintiff was texting and driving at the time of the accident, they may have contributed to the accident and may be assessed a percentage of fault).
Modified Comparative Fault bars a plaintiff’s recovery when the plaintiff reaches a certain percentage of fault. Specifically, in Georgia when a Plaintiff is responsible for 50 percent or more of the fault themselves they are not eligible for any compensation.
As an example of comparative fault, let’s say Driver A got into an accident with Driver B. Driver B sues Driver A, claiming that Driver A is at fault for Driver B injuries. Driver B has $100,000 in damages. At trial, a jury decides Driver A is 80% at fault while Driver B is 20% at fault. Then Driver B would receive 80% of the damages, or $80,000.
Nick enjoys helping the people of Atlanta with their personal injury and fair labor issues. When he’s not working, Nick can be found woodworking, competitive rifle shooting, enjoying the outdoors, and spending time with his family.
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