What if My Car Accident is Partially My Fault?
Not every car accident is caused by only one of the parties involved. Sometimes fault for an accident is placed on both drivers. If you are hurt in a motor vehicle collision you can still pursue a claim against the insurance company even if you were partially at fault. The sharing of fault in an injury claim is called comparative negligence. In Georgia, as long as you were not more than 49% responsible for the accident, you can recover damages.
Who Places Fault?
The police who respond to the scene of the collision will frequently place fault in the accident report. An officer may choose to assign fault to one party or both parties, or they may not assign fault at all, but merely report the facts of the accident as provided by the drivers and any witnesses. An insurance company will try to determine the extent to which their insured driver is at fault by investigating the facts of the crash as much as possible. They will interview both drivers and look at the damage done to the vehicles involved. Ultimately, however, fault is determined by a judge or jury. A judge or jury will determine the percentage that each party contributed to the accident and award damages accordingly.
How Will Comparative Negligence Affect My Claim?
To recover damages from an injury claim, a jury must determine that you are no more than 49% at fault for the collision. If a jury decides you are even 50% responsible you cannot recover a monetary award for your medical bills and pain and suffering.
Everyone makes mistakes. Many accidents that occur are not 100% the fault of a single party. Even if you are partially at fault, you have a right to be compensated for your injuries. As an injury attorney, I will pursue a comparative negligence claim for my clients who get hurt in a crash.
Ty Wilson is a Savannah car wreck lawyer | Atlanta car wreck lawyer who strives to provide the public with tons of FREE information on Georgia personal injury claims. Visit tywilsonlaw.com to order his books, 10 Secrets of Georgia Car Wreck Claims and The Consumer Awareness Guide to Buying Car Accident Insurance in Georgia, read his articles, FAQs, and watch his videos BEFORE . . . hiring a lawyer, talking to the insurance adjuster, or signing any forms. You’ll be glad you did!
If you have specific questions and need to speak to an attorney directly, just give Ty a call at 1-866-937-5454.