- January 31, 2025
- Attorney David Mann
- Car Accidents
A car is driving down a residential street in Macon at 10 miles over the speed limit. The car approaches an intersection without a traffic light or a stop sign. Another car is traveling on the cross street, and the driver is distracted because they are on their cell phone. The two cars crash into each other, causing injuries.
It will be difficult to assign blame in the above situation, which will affect how compensation will be doled out. Georgia is considered a comparative negligence state, which means that a percentage of fault can be applied to each driver. The lower the percentage of fault, the more compensation you could receive. The purpose of this blog post is to explain how fault is determined in a Macon car accident.
Georgia’s Comparative Negligence System
Georgia is considered an “at-fault” state when it comes to car accidents. This means that if you are injured in a car accident caused by another driver, you have a right to file a claim for compensation against that person.
In addition to being an “at-fault” state, Georgia follows a modified comparative negligence rule. This means that you can still recover damages even if you are partially at fault for the accident. However, if it is determined that you are 50% or more at fault, you can’t claim damages and, thus, can’t recover any compensation for your injuries. So, if you are in a car accident and it is determined that you were 65% at fault, you cannot claim damages for injuries.
Factors Determining Fault in a Macon Car Accident
There are many factors that go into determining fault in a Macon car accident and they are important, because whether you may get compensation depends on your level of fault. Some common factors include:
- Traffic Laws and Violations – Disobeying traffic laws, such as speeding or running a red light, can establish fault because these laws are meant to be obeyed so that everyone can have safe roadways
- Police Reports – While the policeman at the scene of the accident is not the final authority on fault, his report will be looked at closely by insurance companies and juries to determine fault.
- Witness Statements – Eyewitnesses are disinterested parties who are not affected by the outcome, which means they have no reason to lie.
- Evidence From the Scene – Video and photo evidence doesn’t lie. Documentation from the scene of the accident can be used to prove fault.
- Expert Testimony – Accident reconstruction expert witnesses use their experience and education to explain how the accident occurred, which can then illustrate fault.
How Comparative Negligence Affects Compensation
Georgia’s comparative negligence laws will affect the possible compensation you receive for damages. You can receive compensation only if you are deemed to be 49% or less at fault. The less you are deemed to be at fault, the more you can receive in compensation for your injuries.
Here is an example of how modified comparative negligence works in Georgia:
Two cars are in an accident at an intersection. One driver was somewhat distracted by their cell phone and the other driver was driving under the influence of alcohol. Both drivers are at fault, but it is determined that the drunk driver was 70% at fault. If the amount of damages is $100,000, the distracted driver will get $70,000 in compensation, because he was 30% at fault for the accident.
It is important to note that insurance companies will do all they can to limit the amount they pay out. So, they will try to get the percentage above the 49% threshold for liability so they do not have to pay out any money in damages. Some of the ways they do this is to challenge the factors we laid out in the last section. For example, they will challenge and dispute eyewitness testimony and the reports of your expert witness.
Why You Need a Car Accident Lawyer
After a car accident, the last thing you want to do is fight with the insurance companies. You need time to recover from your injuries. Your best defense against insurance companies and their high paid lawyers is to have your own attorney to fight for you. Some of the ways a car accident lawyer can help you include:
- Investigating the accident: A lawyer can thoroughly investigate to gather evidence and establish fault.
- Determining Compensation – A lawyer knows how much car accident injuries are worth and can provide you with an estimate on compensation amounts.
- Negotiating with insurance companies: An attorney can protect your rights and negotiate for a fair settlement.
- Challenging fault determination: If the insurance company unfairly assigns a high percentage of fault, your lawyer can challenge it.
- Litigating your case: If necessary, your lawyer can file a lawsuit and represent you in court.
Determining fault in car accident cases can be complicated. The percentage of fault assigned to you can determine how much you may receive in compensation. That is why you need an experienced car accident attorney to help you through the process. Make sure you fight the insurance companies with an experienced car accident lawyer on your side.
We hope that this blog post provided valuable information on determining fault in a Macon car accident.
Contact The Mann Law Firm Today To Discuss Your Macon Car Accident Case.
The Macon car accident lawyers at the Mann Law Firm have been helping clients with their claims for over 30 years. David Mann once worked as in-house counsel for a large insurance company, which gave him the inside knowledge of the tactics insurance companies use to pay out claims for less than they are worth. We truly care about our clients and work on a contingency basis, which means we get paid only if you collect compensation for your injuries. So, call us at (478) 742-3381 for a free consultation. At the Mann Law Firm, you always come first.
Attorney David Mann
Before leading his own firm, Mann served for several years as in-house defense counsel for a large insurance company, which gives him unique insight into how insurance companies work. He uses this critical knowledge as an advantage for his clients. He is a tough negotiator and litigator, and he is exceptionally strategic in building cases on behalf of personal injury victims.[ Attorney Bio ]
