Distracted by your dog? The differences between negligence and contributory negligence

On Behalf of | Jan 31, 2025 | Motor Vehicle Accidents |

Imagine driving down a peaceful Georgia road when suddenly your furry friend distracts you. It happens more often than you’d think. However, understanding the legal implications becomes crucial when it leads to an accident.

What is negligence?

You are negligent when you fail to act reasonably, leading to harm or injury. In the context of a pet-related accident, this could mean taking your eyes off the road to calm an excited dog. Georgia law requires drivers to maintain control of their vehicles and avoid distractions. Key points about negligence:

  • Georgia defines ordinary negligence as the absence of ordinary diligence.
  • Drivers must control their pets to prevent distractions.

If you are unable to do so, you can be liable for an accident. If your pet distracts you, which causes an accident, you might face negligence claims.

How does contributory negligence affect your case?

Contributory negligence means that multiple parties, including you, all share the fault of an accident. In Georgia, the law follows a modified comparative negligence rule. What this means is that you can still recover damages if you are less than 50% at fault. However, the court computes the reduction by your percentage of fault. Consider these key points of contributory negligence:

  • Georgia law addresses the apportionment of damages.
  • If you are 30% at fault, your compensation decreases by that percentage.

This law means that even if your dog distracted you, the court would evaluate the other party’s actions and consider all factors before deciding.

How can you build a strong defense?

Having legal guidance can make a significant impact in pet-related accidents. You can be sure of the information you need and get the support you need to achieve the best possible resolution. An attorney can analyze the specifics, gather evidence, and present your side effectively. They can help you understand your rights and potential outcomes, ensuring you are ready for every step.