Atlanta Car Accident Lawyer Sheds Light On Georgia’s Comparative Negligence Laws

GA based The Angell Law Firm - Atlanta is reaching out to the wider public to share insight on Georgia’s comparative negligence laws and the potential effect they can affect on the outcome of a car accident case. While the need for safe social distancing and self-quarantining procedures may continue to reduce traffic in the weeks to come, the firm advises their community to learn about their rights and the legal options so that they may know how to respond in the event of an accident.

The Angell Law Firm Atlanta personal injury lawyers state, “The roads may seem clearer now than you’ve ever experienced them to be but this is no reason to let down your guard and take your safety for granted. Many drivers may see these unfortunate times as an opportunity to be more reckless so it is in your best interests to be careful on all fronts. One one hand, this includes driving with an elevated sense of care even during short trips. On the other, it means that you should be prepared for the worst case scenarios as well. Should you have to file a case in order to seek compensation, this knowledge can greatly improve your chances of a successful outcome."

However, recklessness on the road may not be the only factor that determines whether a party can be held liable for a given accident. According to a blog post that the firm recently published on the subject, “If you’re injured in traffic because another driver was negligent, the law in Georgia entitles you to reimbursement for medical expenses, lost wages, and any other related damages, but obtaining that compensation may not be easy. You’ll need the help of an Atlanta personal injury attorney.” Since the victim of an accident will likely have to address multiple financial obstacles as a result (including medical bills, repairs and so on), Georgia law allows the injury victim to obtain compensation from the at-fault party. The question, then, lies in how fault can be proven.

The Angell Law Firm, widely considered the best car accident lawyer in Atlanta, explains, “Video, eyewitnesses and physical evidence from the accident scene may also indicate which driver was at fault.” Similarly, a written police report of the incident can help if the case goes to trial, especially if one of the responding officers is able to testify about the investigation. The firm adds, “But what if the fault for an accident is shared by both drivers? In the state of Georgia, if both motorists were partly responsible for a traffic collision, a legal doctrine known as ‘modified comparative negligence’ comes into play.”

While the injured party can expect aid from their automobile insurance provider following an accident in a ‘no-fault’ auto insurance state (having their medical costs, lost wages, property damages and even pain and suffering accounted for), this is not the case in Georgia. It is a fault state, which means that the at-fault party’s insurance policy must cover the damages incurred as a result of the accident they were found responsible for.

According to the modified comparative fault rule, motorists must prove that the other party (or parties) involved in an accident were more than 50% at fault for the accident. This is due to the fact that, “a driver is liable only in proportion to that driver’s percentage of fault, unless the injured person’s negligence rises to fifty percent,” according to the firm. Should a victim be found to be at least half responsible for the collision, they will not be able to seek compensation from the other parties involved.

However, The Angell Law Firm asserts that a few simple steps can help a motorist seek compensation in the aftermath of an accident. Once they have sought medical attention, for instance, the firm advises that they call the police (and find out how they can obtain a written accident report), exchange auto insurance and personal contact details with the other parties, take photos of any injuries and so on. Above all, however, they should make every effort to get in touch with a reliable and reputable lawyer who can advocate on their behalf.

More information regarding Georgia’s comparative negligence laws can be found in the full blog post, which is freely available on the firm’s website. Clients may look up information regarding other types of personal injury cases here as well or reach out to Bryce Angell of The Angell Law Firm - Atlanta in order to follow up on any further inquiries.