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What Does Comparative Negligence Mean in My Valdosta Car Accident Case?

Posted on February 15, 2016

Georgia is a comparative negligence, or comparative fault, state. This means that more than one party can share fault for an accident or injury. Comparative fault is a legal concept that limits the amount of damages recoverable in a claim to the amount of fault of the other party.

An example of this would be: Say Driver 8 runs a yellow light and crashes into Driver 7. But, as it turns out, Driver 7 was still in the intersection because he was texting his girlfriend. Both Driver 8 and Driver 7 were performing illegal acts at the time of the accident. In such a case, the court or a judge would have to assign a percentage of fault to both drivers. If it was decided that Driver 8 was 70 percent at fault for the accident and Driver 7 was 30 percent at fault, Driver 7 could only recoup 70 percent of the total damages he suffered in the accident.

It breaks down like this:

  • Driver 8 is ruled 70 percent at fault for the accident.
  • Driver 8’s total damages come to $1,000 dollars.
  • Driver 7 is ruled 30 percent at fault for the accident.
  • Driver 7’s total damages come to $1,000 dollars.
  • Driver 7 could only file a claim for 70 percent of his total damages, or $700 dollars.
  • Driver 8 could only file a claim for 30 percent of his total damages, or $300 dollars.
  • In many states, a party that is 51 percent or more at fault for an accident can’t collect any damages.

If you have more specific questions about comparative fault in Georgia, call the legal team at Farah & Farah. We can be reached for a free consultation at (800) 533-3555.