Apportioning Fault in a Car Accident Case

For decades, many accident victims were barred from recovering compensation for their injuries if they contributed to their accidents in any way. Most states, however, including Georgia, have moved away from this system and have adopted comparative fault standards. In Georgia, for example, victims who bear some responsibility for their accident-related injuries aren’t automatically barred from recovery, as long as they can prove that they were less than 50 percent at fault for the crash. It’s important to note, however, that individuals who fall under this category can still expect their damages awards to be reduced in direct proportion to their degree of fault. This is why apportioning blame for a car accident is so important when filing a car accident claim.

Determining Percentage of Fault 

The first step in apportioning fault for an accident is determining who was responsible for the crash. In some cases, this could be a relatively simple matter. If, for instance, one car was speeding and ran a red light and struck another vehicle that was legally passing through the intersection, the driver of the first car will typically be deemed 100 percent at fault for the crash. Things can, however, become more complicated when the injured party also bears some responsibility for the accident. Perhaps the driver was distracted or on the phone and could have avoided the collision if he or she had been paying attention. In these instances, a jury will need to apportion blame for the accident in the form of a percentage. This can be a complicated endeavor and will require a careful assessment of the evidence presented in the case, including photographs from the accident scene, video footage of the crash, and eyewitness testimony.

Reducing a Damages Award 

Once a jury has apportioned fault for an accident, the damages that the victim can receive will need to be adjusted. If, for instance, a plaintiff is found to have contributed in a minor way to a crash and is deemed to be ten percent at fault, then that person can expect his or her damages award to be reduced by that amount. This means that if the person’s losses totaled $50,000, then that award would be reduced by ten percent for a total of $45,000. Of course, if the percentage of fault is higher, then the amount taken out of the award will also be higher.

Limitations on Recovery 

While it’s true that in Georgia, accident victims who contribute to their injuries are not automatically barred from financial recovery, there are limits to this general rule. Those who are found to be 50 percent or more at fault for a car accident, for instance, will be unable to recover compensation from the other parties involved in the case. In fact, in this scenario, it is likely that that party will actually need to compensate the others involved in the case for their losses.

Determining Fault for Your Georgia Car Accident 

Apportioning fault for a car accident can be complicated. Fortunately, you don’t have to do so on your own, but could benefit from the help of a legal representative. Speak with one of our experienced Atlanta car accident attorneys at Shiver Hamilton Campbell by calling 404-593-0020 today.

Sources:

 law.justia.com/codes/georgia/title-51/chapter-12/article-2/section-51-12-33/

georgiacourts.gov/wp-content/uploads/2019/09/Apportionment-of-Damages-Terry.pdf