Car accidents happen all the time. Depending on the severity, a car accident can leave you with severe injuries and property damage. If you have been involved in a car accident that is not your fault, Georgia law allows you to pursue a car accident lawsuit against the responsible party.
However, to file a successful lawsuit and win the compensation you deserve, you need to understand how fault is determined in Georgia. Here is what you need to know about establishing fault in a Georgia car accident case.
Georgia is a modified comparative negligence state
The state of Georgia applies a specific code of comparative negligence known as the modified comparative negligence rule to determine fault in a car accident case. Under this rule, an accident victim can only be compensated for incurred damages if it is established that their contribution to the accident was 49 percent or below. In other words, if the court establishes that the injury victim was 50% or more responsible for the accident, then they may not be eligible for any monetary contributions.
This makes it extremely important to conduct a comprehensive investigation of the circumstances that lead to the accident in order to recover essential evidence necessary to prove fault.
You need to prove 4 things to establish negligence
Once you understand how the modified comparative negligence rule works, you need to go ahead and prove the following elements of negligence to win your case:
- You were owed a duty of care by the defendant
- The defendant breached this duty of care resulting in the accident
- The accident in question resulted in damages in the forms of personal injuries and damage to property
- These injuries and damages cost (or will cost you) you money to fix
A lot goes into establishing fault and making a ruling during a car accident lawsuit. Find out how you can protect your rights during a car accident claim.