In many car accidents, fault is not entirely one-sided. As such, if you have recently been involved in a crash, you may share some degree of responsibility with at least one other party. In such instances where you played a part in a crash, are you still entitled to a settlement for the damages you’ve suffered and may continue to suffer?
Under Georgia law, you may be able to recover compensation for some of the harm and losses you sustained despite your contribution to the causes of your car crash. The state follows a modified contributory approach when dealing with such instances. This is what this means.
The law in Georgia explained
Your contribution to a crash does not automatically bar you from recovering compensation, unless you are more than 50% responsible for the accident. If you were 50% or more at fault, you cannot recover any damages by filing a personal injury lawsuit.
Additionally, your role in the crash will reduce your potential compensation. In other words, you can only recover compensation to the extent you were not to blame for the accident. If you were 40% at fault, for example, you can only recover 60% of the value of your overall damages. If you find yourself in such a situation, it’s advisable to seek legal advice to understand your rights and options for pursuing compensation.
Protecting your interests after a crash
It’s worth noting that the modified comparative negligence rules apply to both economic and non-economic damages, such as medical expenses, lost wages, pain and suffering and property damage. As such, you may be left shouldering the financial burden of the accident if you are found to be significantly at fault for a crash.
Seeking legal guidance in complex fault situations can help you understand your legal rights and options for pursuing any compensation to which you are entitled.