What Is Comparative Fault?
Comparative fault (also called “comparative negligence”) is a legal doctrine that allows both you and the other party to share blame for an accident. Rather than barring your claim outright if you’re partly at fault, Georgia reduces your recoverable damages by your percentage of fault.
Pure Comparative Negligence in Georgia
Georgia follows a pure comparative negligence rule, which means:
- You can recover damages even if you’re 99% at fault.
- Your total award is simply reduced by your share of fault (for example, a $100,000 award less 30% fault = $70,000 in your pocket).
How Fault Is Determined
Fault percentages are usually assigned by:
- Insurance adjusters during settlement negotiations.
- Juries if your case goes to trial.
To assign fault, investigators look at:
- Police and accident reports
- Witness statements
- Photographs and video footage
- Expert analysis (accident reconstruction, medical causation)
How Comparative Fault Affects Your Recovery
- Less leverage in settlement talks: Defendants may argue you share more blame to lower their payout.
- Potential for reduced awards: Even a minor finding of fault on your part chips away at compensation for medical bills, lost wages, and pain and suffering.
- Greater importance on evidence: The clearer you can show the other party’s negligence, the smaller your assigned percentage of fault.
Steps to Protect Your Recovery
- Document Everything: Photos of the scene, vehicle damage, skid marks, and visible injuries.
- Obtain and Preserve Evidence: Secure police reports promptly and ask witnesses for written or recorded statements.
- Seek Medical Attention Immediately: Early treatment records link your injuries directly to the accident.
- Limit Recorded Admissions: Be mindful of what you say to insurers and on social media—admissions of fault can be costly.
- Consult an Experienced Attorney: A Georgia personal injury lawyer will challenge inflated fault claims and present the strongest possible case.
How Gunn Law Group Can Help
At Gunn Law Group, we:
- Analyze Every Detail: We gather and review accident reports, witness accounts, and expert opinions to minimize your fault percentage.
- Negotiate Aggressively: We push back against unfair blame-shifting by insurers and defense attorneys.
- Prepare for Trial: If necessary, we’ll present a compelling case before a jury to secure full and fair compensation.
Don’t let shared fault costs you thousands. Call Gunn Law Group today at 888-BIG-GUNN (888-244-4866) for a free consultation and let us fight to maximize your recovery.
