After a car accident in Atlanta, Georgia, determining who was at fault is not always black and white. In many collisions, both drivers may have made mistakes that contributed to the incident. If you find yourself in a situation where the other driver's insurance company is trying to partially blame you for the crash, it is vital that you understand how the law works in our state to protect your right to compensation.
At Castan, Lecca & Boeschen, we meticulously evaluate the facts of every collision to defend our clients against unfair accusations. We remind you that we offer a free car accident consultation to analyze your situation. (Please be aware that this no-cost policy applies exclusively to car accidents and worker's compensation cases; all our immigration consultations are strictly paid and carry a $150 fee).
To understand how a shared fault accusation can impact your financial recovery, we must examine Georgia's modified comparative negligence law, how it reduces your damages, and why the insurance company's word is not the final answer.
Understanding the 50% bar rule under O.C.G.A. § 51-12-33
In the United States, different states handle shared faults in various ways. Some states use a "pure contributory negligence" system, where if you are even 1% at fault, you lose the right to any compensation. Others use "pure comparative negligence," allowing you to recover damages even if you were 99% at fault.
Georgia operates under a modified comparative negligence system, specifically governed by statute O.C.G.A. § 51-12-33. This law establishes what is commonly known as the "50% bar rule."
Under this statute, you can recover financial compensation for your injuries as long as your percentage of fault is less than 50%. If you are assigned 49% of the fault, you can still recover damages (though reduced). However, if a judge, jury, or adjuster determines that you were 50% or more at fault for the accident, Georgia law bars you from recovering a single penny from the other party.
How fault percentage reduces (or eliminates) your recovery: A concrete example
To illustrate exactly how O.C.G.A. § 51-12-33 affects a settlement or verdict, let us look at a common hypothetical scenario in Atlanta intersections.
Imagine you are driving five miles over the speed limit. As you proceed through an intersection with a green light, another driver makes an illegal left turn directly in front of you, causing a severe collision. You suffer injuries resulting in $100,000 in total damages (including medical bills, lost wages, and pain and suffering).
During the investigation, it is determined that the other driver was mostly at fault for making an illegal turn, but you also contributed to the accident by speeding (which reduced your reaction time).
If it is determined that the other driver was 80% at fault and you were 20% at fault:
- You are eligible to recover compensation because your fault is under 50%.
- However, your total compensation of $100,000 will be reduced by your percentage of fault (20%).
- Therefore, $20,000 will be deducted, and your final recovery will be $80,000.
Now, imagine a different scenario where it is determined that both drivers were equally reckless. If you are assigned exactly 50% of the fault, you completely lose the right to receive any of the $100,000 in compensation, and you will be left to cover your own expenses.
Why an insurer's fault assessment isn't final
Given the immense impact that the fault percentage has on the final payout, insurance companies in Georgia use the modified comparative negligence statute as a weapon. It is standard practice for insurance adjusters to attempt to assign a victim 50% or more of the fault prematurely, simply to deny the claim entirely and save the corporation money.
It is crucial to understand that the insurance adjuster's initial determination is not final and does not have the force of law. They are not judges or juries; they are employees protecting their company's financial interests.
When you hire an experienced accident attorney, our job is to independently investigate the crash, gather solid evidence (such as surveillance cameras, vehicle black box data, and testimony from neutral witnesses), and, if necessary, hire accident reconstruction experts. We build a case to refute the insurer's tactics, reduce or eliminate your perceived fault percentage, and demand the full compensation dictated by Georgia law.
Frequently asked questions (FAQ)
Can I still recover damages if I was partly at fault in Georgia?
Yes, you can recover damages if you were partly at fault for an accident in Georgia, provided your degree of fault is strictly less than 50% (O.C.G.A. § 51-12-33). The compensation you receive will be reduced in exact proportion to your share of the blame. If your fault reaches 50% or higher, you cannot recover anything.
Who decides my percentage of fault?
In the initial stages of a claim, insurance adjusters will attempt to negotiate and agree on a percentage of fault. However, if a fair settlement cannot be reached, the final percentage of fault will be determined by a judge or jury in a Georgia civil court after reviewing all evidence presented by both sides.
Does Castan, Lecca & Boeschen offer free immigration consultations?
No. All immigration consultations at Castan, Lecca & Boeschen require a mandatory $150 fee, without exception. Free legal consultations are offered solely and exclusively for car accident and worker's compensation cases.
Request your free accident consultation today
Do not let an insurance company intimidate you by unfairly accusing you of being at fault for an accident you did not cause. Georgia's negligence laws are strict, but with the right representation, you can protect your financial rights and your future.
At Castan, Lecca & Boeschen, we are ready to review the evidence of your crash in Atlanta and provide you with clear legal guidance. Call today for your free accident consultation at 678-825-3611 or reach out through our contact page. (We remind you that if your legal need pertains to an immigration case, you can schedule your paid $150 consultation by calling the same number).
