Comparative Negligence in an Atlanta Car Accident
When a car accident happens in Atlanta, everyone involved is typically pointing fingers in someone else’s direction. In Georgia, the question of fault in a car accident is often settled in court. An Atlanta car accident lawyer will prove that the other driver was at fault to help obtain damages for his or her client. The client, the victim injured in a car accident, is known as the plaintiff.
Unfortunately, more than one driver can be at fault for a car accident. Multiple drivers and/or a pedestrian can even be at fault. A car accident victim can also be at fault for the accident. Regardless of whether the accident victim is at fault or not, the defendant’s attorney may try to reduce the award. How does this happen?Comparative Negligence in an Atlanta Car Accident Case
The attorney presents a defense called comparative negligence. Contributory negligence occurs when a car accident victim does something to contribute to the accident, as well. Comparative negligence involves comparing actions of the at-fault party and the accident victim to determine fault.
If an accident victim is accused of contributing to the accident, it is up to the judge or jury to determine how much he or she is at fault. It is also up to the Atlanta car accident lawyer to prove that the plaintiff is not liable for the accident.A Car Accident Victim can be at Least 50% Liable for an Accident and Collect Damages
According to Georgia’s personal injury law, a plaintiff can be at least 50% at fault for the car accident and still be awarded damages. This means that a victim is not forbidden from receiving money for damages such as lost wages or medical bills.
For example, an at-fault driver ran a red light and the accident victim failed to see them because he or she was distracted. The judge or jury decided that the accident victim would receive $100,000 in damages. They would then determine the percentage fault on each side.
Let’s say they found the at-fault driver 80% responsible for the accident. They found the car accident victim 20% at fault for the accident. The accident victim’s award would then decrease by 20%. Instead of receiving $100,000, he or she would receive $80,000.
If the jury or judge had found the car accident victim 80% at fault for the accident, he or she would receive nothing. Although the victim was awarded $100,000, his or her liability was more than 51%, so the victim can not collect any money.Contact Skilled Car Accident Attorneys Serving Atlanta
The thought of comparative negligence may scare you, even if you know you were not at fault for your accident. You should not worry. We are your car accident attorneys in Atlanta. We understand how to provide evidence to eliminate this defense.
You were injured in an accident. If you think it was your fault or know it was caused by someone else, you need a tough accident attorney. You need the Angell Law Firm. Contact us.