Georgia has laws that dictate how fault is determined in a motor vehicle accident. In order to establish fault, there are specific legal elements that must be met and will be specific to your particular case.
Georgia has stipulated that four legal elements must be present for an individual to be guilty of negligence and held at fault in an accident. They are:
- Existence of duty of care
- Breach of duty of care
- Causation
- Damages
If you have been involved in an accident and are unsure who is at fault, contact our law firm and ask to schedule an appointment to discuss your case.
What is Duty of Care?
Under Georgia law, a duty of care in Georgia is the legal responsibility that citizens must exercise by using care or caution for the safety of other individuals. If an individual fails to uphold their legal obligation of the duty of care and injuries and damages result, the person can be deemed negligent and found to be at fault for the accident.
It should be understood that duty of care can be subjective based on the unique circumstances surrounding each case. Consequently, personal injury cases, especially those that occur as a result of motor vehicle accidents, are determined by the case’s individual facts.
What is Comparative Negligence?
Georgia is a modified comparative fault state. Modified comparative fault means that accident victims may be eligible to recover compensation if they were less than 50% at fault for the accident. Even if you are determined to be 49% at fault, you may still recover a small measure of damages. The amount of damages you are entitled to recover is based on the degree of fault assigned to you. For example, if you are involved in an accident, and the court determines that you are 25% at fault for the accident, the total compensation you receive will be reduced by that percentage.
Who Determines What Party is At Fault in Georgia?
Determining who is at fault in an accident can be based on several factors. However, one of the most common methods of determination is simply investigating to see if one of the parties involved broke the law. For example, if a driver fails to stop at a red light and hits another car, it is a pretty safe assumption that they will be found to be at fault for the accident because they disobeyed a traffic law. In other cases, it may involve a more thorough investigation to determine who was the cause of the incident that occurred.
How Can Your Law Firm Help Me After an Accident?
If you have been injured in an accident and there are legal issues regarding who was at fault, you need to seek legal representation immediately. We can examine your case and help to determine who we believe to be at fault. Then, based on the facts of your case, we may be able to pursue a settlement that is in your best interests. Contact us by calling 706-420-2949 to schedule a free case evaluation.