Georgia drivers are subject to fault laws when it comes to accident liability. This means an attorney can argue that the individual responsible for the collision, or their insurance company, must pay the other involved parties. However, Georgia also abides by modified comparative negligence, which can make the case a bit more complicated. If you want to learn about this matter, take advantage of the following guide.

What’s Modified Comparative Negligence?

In many auto accident cases, the fault isn’t cut and dry. While one driver may have been primarily responsible for the collision, another may have partially contributed to the incident. To make these situations fair, Georgia follows modified comparative negligence laws. This means each driver may be held liable for a percentage of the accident.

If one of the drivers is over 50% at-fault for the accident, they can’t obtain compensation from the other party’s insurance company. If a driver is 49% or less at-fault, they can get the compensation that aligns with their percentage of fault. For example, if the total payout should have been $100,000, and they were 40% at-fault, they would only receive the remaining 60%, or $60,000.

How Can an Attorney Help?

Proving the degree of fault can be challenging. An attorney will examine every detail of the event, including property damage, tire marks in the road, security camera footage, and witness testimony. They’ll use their findings to prove that you were under 50% at-fault.

Building this type of argument requires years of training and legal acumen, as they need to convince the judge of your level of involvement. However, your lawyer can also negotiate a deal with the other party before the case reaches the courtroom. This sort of settlement will help you avoid the hassle of a courtroom experience.

If you were involved in a car accident, turn to Morrison & Hughes Law Firm in Marietta, GA. These attorneys help clients throughout the state build strong cases and advocate for the best possible outcomes. Visit the website to get more information about their services, or call (404) 800-5297 to schedule a free consultation.