Car Accident? Your Guide to Georgia’s Negligence Laws

• January 26, 2025
• Attorney David Mann
• Car Accidents

You are in your car, stopped at a red light, waiting for it to change, when you are suddenly hit from behind by another car.  Your body is jolted forward and you sustain injuries to your neck and back.  This scenario, or ones like it, occurs all the time in Georgia.  In this blog post, we will discuss Georgia’s negligence laws, so you can understand how you could be compensated for your injuries sustained in a car accident.  This blog post can act as your guide to Georgia’s negligence laws.

What are Georgia’s Negligence Laws?

Georgia, like most other states, requires four elements to be met in order to collect compensation for your injuries.  Those elements are:

• Duty of Care – Drivers on the road owe a duty of care to other drivers to keep them safe. Did the other driver owe you a duty of care to keep a safe distance from your car?
• Breach of Duty – Drivers cause accidents when they breach the duty of care owed to you.  If the other driver is texting or otherwise distracted, they are breaching their duty of care.
• Causation – You must prove that the actions of the other driver caused your injuries.  Did the fact that the other driver was distracted cause your injuries to occur?
• Damages – The driver’s actions caused you to become injured and, thus, suffer damages.

What Are The Different Types of Georgia’s Negligence Laws?

Generally, there are two types of negligence laws: contributory negligence and comparative negligence.  Georgia follows only comparative negligence, but we will discuss both.

• Contributory Negligence – This form of negligence is being fazed out nationally, but is still the law in some states.  The premise here is that you can’t seek compensation for your injuries if you are deemed negligent in any way, even as little as 1% negligent.
• Comparative Negligence – You can still be compensated if you were partially negligent for the accident.  The less you were at fault, the more compensation you could get.  Georgia follows a modified comparative negligence rule, which means that you can seek damages as long as you are deemed less negligent than the other party.  Your negligence would have to be 49% or less.  If you are found to be 50% or more at fault for the accident, you will not be able to claim damages.

Here is an example of how modified comparative negligence works:

• You are in a car accident with another driver and you are seeking $100,000 in damages.  If you are found to be 30% at fault (and the other driver is at 70%), the maximum you can recover is 70% of $100,000, or $70,000.

How is Fault Determined in a Car Accident?

Determining fault is an important factor in obtaining compensation for injuries sustained in a car accident. There are some common factors that are considered when determining fault.  Those factors include:

• Police reports – A police officer responding to the accident will write up a report of the incident.  This will be used by judges and juries to determine fault.  It will also be used when negotiating with the insurance companies
• Witness statements – Eyewitness statements are important in determining fault because they come from a third party.
• Traffic laws and violations – If you or the other driver violates traffic laws which leads to an accident, this will also be an important factor in determining fault.
• Photographic and Video Evidence – You and the other driver should document the scene, and these pictures and videos can be entered into evidence to determine fault.
• Expert testimony – If your car accident case goes to court, the lawyers may introduce expert testimony witnesses, like an accident reconstruction specialist.  An expert in a specific field can sway the jury one way or the other.

It is important to understand that Georgia is an “at-fault” state, which means liability for an accident is determined by who is deemed to be at fault for causing the accident. If the other driver is at fault, their insurance company will handle the claim. As we discussed above, both drivers can be considered at fault for causing the accident.

What to Do After a Car Accident in Georgia

The actions you take after a car accident can determine how your claim is handled by insurance companies and who may be considered liable for the accident.  Important steps to take directly after the accident are:

• Call the Police – After it is determined that everyone is safe from harm, you should call the police to get an official report.
• Document the Scene – Take as many pictures and videos as possible of the accident scene.  One specific angle could mean a lot in determining fault.
• Get Contact Information for Eyewitnesses – You should obtain contact information for any eyewitnesses of the car accident.  Your attorney may need to speak with them and get a sworn affidavit.
• See a Doctor – Even if you think your injuries are not serious, you should see a physician.  Some injuries don‘t surface until days or weeks after an accident, and seeing a doctor right away will help in your personal injury claim.

How a Car Accident Attorney Can Help

There are many ways a car accident attorney can help with your case. Insurance companies hire attorneys to defend car accident claims, so you should be armed with a lawyer as well.  Car accident attorneys can:

• Investigate the cause of the accident and help determine fault
• Determine possible amounts of compensation for your injuries
• Negotiate with the insurance companies to come to a fair settlement
• Take your case to a court of law, if a settlement can’t be reached.

Contact the Car Accident Attorneys at the Mann Law Firm Today

We have been helping clients with their personal injury claims for over 30 years and know the tactics used by insurance companies to pay out claims for less than they are worth.  If you have been injured in a car accident, contact the Mann Law Firm today at (478) 742-3381 for a free consultation.