A car accident can leave you with significant medical expenses. If another driver is at fault, you may be able to receive compensation. However, if you believe your own actions contributed to the accident, things can be more complicated.
In such a case, you might have doubts about whether it is worthwhile to pursue damages. To understand your situation, you must understand the concept of comparative negligence.
Understanding how fault works in Georgia
Georgia follows a modified comparative negligence rule. Comparative negligence means that a plaintiff who is partly at fault for an accident can still collect damages, but the court will reduce the amount proportionally.
Fault in a car accident is not always straightforward. For example, one driver might be speeding and collide with another driver who is running a stop sign. There are many ways for both parties to be partly at fault.
In pure contributory negligence states, a plaintiff can potentially collect damages even if he or she is 99% at fault for the accident. However, in modified comparative negligence states, including Georgia, you can only collect damages if you are less than 50% at fault.
Improving your chances of a successful claim
Georgia’s modified comparative negligence law provides some protection, but it is still important to avoid admitting fault. Any evidence of negligence on your part can reduce or invalidate your claim.
Think twice before apologizing to the other driver at the scene. Whether you truly believe you made a mistake or are simply trying to diffuse a tense situation, an apology can easily get misconstrued as an admission of fault. When talking to the police, stick to objective facts.
If another driver’s negligence leads to a car accident, you may be able to recover damages even if your own driving was not perfect.
