Not every accident happens because one person made a mistake. Many accidents occur because two or more parties contributed to the incident. If you are in a car accident and the police say you are partially at fault, it is necessary to understand comparative fault and shared liability laws.
Each state sets its own laws related to shared liability when two or more parties share in the fault for an accident. In Georgia, for example, a modified comparative fault system is in place. If injured in a crash, speak with a Newnan car accident lawyer about your case.
What Is Modified Comparative Fault?
Under Georgia’s comparative fault system, a person is able to seek compensation after an accident only if they are found to be less than 50% at fault. Insurance companies and police will determine a percentage of fault to assign to you based on the evidence at the scene of the accident. If you are under 50% at fault, you can seek a claim against the at-fault party. However, the value of that claim will be reduced by 50%.
Georgia’s law also requires that a person who is 50% or more at fault be barred from seeking any compensation. That means if you are found to be 51% at fault for the accident, you cannot pursue any compensation for your losses.
Challenging Liability Requirements
One of the steps your attorney will take is to demonstrate you were not at fault. If they cannot eliminate all fault, they will work to reduce the percentage of fault assigned to you. The more evidence available to demonstrate that you should not be held at the highest level of fault, the better. Some ways they may work to prove this include:
- Getting photos, videos, and other visual information available from any source
- Using accident reconstruction professionals or software to demonstrate what had to have occurred
- Documenting errors or oversights on the police report or demonstrating how the police officer may have mistakenly represented the scene
- Tapping into medical experts or records to document what must have occurred
Gathering evidence to build your claim is an essential step in protecting your future. If you cannot get that percentage of fault down, you may be barred from receiving any compensation. Most attorneys are aggressive in finding tools and resources to back up your claim.
Insurance Companies Work Against You
An insurance company does not want to see you reduce that percentage of fault. They may take every step they can to demonstrate that you are even more at fault than initially reported. That reduces their requirement to pay for your losses.
For this reason, you should:
- Avoid speaking to the insurance company. Instead, let your car accident lawyer handle the conversations.
- Avoid any admission to blame, including statements such as “I am sorry” or “I did not see you.”
- Avoid providing too much information or medical documentation that could then be used against you
The simplest step to protect your future is to hire a car accident attorney in Georgia to guide you. Your lawyer will minimize any statements of fault and help you avoid insurance company tactics effectively.
Seek the Guidance of a Local Attorney
Comparative fault and shared liability are very real factors in any accident claim. Clearly demonstrating your role in an accident is essential to obtaining the compensation you may be owed.