Can You Bring A Claim If You Were Partly At Fault?
Maybe you failed to stop at a stop sign, but while going through the intersection, you were sideswiped by a drunk driver. Both of you were at fault in different ways and to different degrees. Can you file a personal injury claim or not?
This type of question is common. I am Brunswick attorney Steven L. Morgan, and I have talked to many accident victims over the years who don’t know whether they have the right to make a claim or not. If you are wondering the same thing, let me explain how Georgia law works.
It All Depends On What Percentage Of The Fault Was Yours
The state of Georgia operates under modified comparative negligence insurance laws. Essentially, this means that a person injured in a motor vehicle accident can sue for damages as long as he or she is less than 50 percent responsible for the accident.
If you are 5 percent, 20 percent or even 49 percent responsible for the crash, you can file a personal injury claim. If you are 50 percent responsible, you can’t.
Because of these laws, it is particularly important to have a lawyer who can gather all available evidence and develop a strong case on your behalf. Let me take charge of the investigation, looking for facts to prove that the other party was more at fault than you.
The Amount You Were At Fault Affects The Amount Of Money You Receive
Although you may be less than 50 percent responsible and therefore able to make a claim, the amount of money you can recover will still be affected by your percentage of fault. For instance, if your injuries and damages are worth $20,000 but you were 40 percent at fault, you can only recover 40 percent of the $20,000 (which is $8,000).