Determining who was at fault is often the first step to receiving compensation for an auto accident. If a case goes to trial, a jury will analyze the facts before giving their verdict on who was at fault, and to what extent. Since most accident claims are settled out of court, it is often an insurance adjuster who will make the determination.
States have adopted varying rules about assigning fault and the implications for compensation. In states that have adopted the ‘pure contributory negligence’ standard, a driver who is found to be even 1 percent at fault in an accident will be barred from receiving any compensation. In ‘pure comparative fault’ states, a driver will be able to recover compensation even if they are 99 percent at fault for causing the accident; any award, however, will be reduced by the percentage of fault attributed to them.
Most states, 33 in fact, have adopted the ‘modified comparative fault’ standard. Georgia is one of the 12 modified comparative fault states to follow the 50 percent bar rule, which prohibits drivers who were 50 percent or more at fault for an accident from recovering any compensation. Georgia drivers who are found to bear some level of fault between 0 and 49 percent will be able to recover, but the amount of their compensation will be reduced by the percentage they are found to be at fault.
If you’ve been injured in an auto accident that was not your fault you have the right to receive compensation. The attorneys of Murphy & Garner, LLC, have over 32 years of experience serving accident victims in western Georgia and the surrounding area. We will fight for your rights and get you the compensation you deserve. Call us today for a free consultation at (866) 942-0552 or (678) 563-1584.