Whose Fault Is It?
Rainy weather/Comparative Fault in Georgia
Georgia is considered a modified comparative fault jurisdiction, which means a Plaintiff (the person bringing the claim) can not bring a claim for negligence against an “at fault party” if the Plaintiff is more at fault than the “at fault party.” Thus, even if another person contributed in causing an accident you are involved in, you may not be able to seek legal remedies against that person or his insurance company if you fail to exercise due care at the time of the incident. It is therefore imperative that all Georgia residents take reasonable precautions and exercise due care while operating a motor vehicle on Georgia roadways, especially in rainy conditions. Simple things like checking your tire tread, checking your tire pressure, checking your windshield wipers, and checking your head lights significantly decrease the risk of motor vehicle accidents in rainy conditions. These precautions also prevent an “at fault party” who causes a wreck from claiming that other factors contributed to the collision.
At Kam, Ebersbach & Lewis, P.C., we specialize in handling intricate legal issues and focus on protecting the rights of individuals faced with adversity and, too often, tragedy. However, before we get involved, our firm urges you to take reasonable measures to ensure you and your family’s own safety. Taking such cautionary measures prior to driving not only protects your physical safety, but also ensures your ability to seek legal remedies should you sustain injuries caused by another person.
If you have been injured due to the carelessness or negligence of another person, call Kam, Ebersbach & Lewis, P.C.