When an accident occurs and someone is hurt, the question of who is to blame often arises. In personal injury cases, one of the main questions is whether the injured person contributed to the accident in some way. If the victim did contribute to the accident, it can affect their ability to recover compensation for their injuries. In Georgia, this is known as the contributory negligence law.
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What is Contributory Negligence?
Contributory negligence is a legal term used to describe a situation where the victim of an accident shares some of the blame for what happened. For example, if someone is driving their car and is rear-ended by another driver, they may still be found partially responsible if they were texting while driving. In this case, both drivers are at fault to some degree.
How Does Contributory Negligence Affect Personal Injury Claims in Georgia?
Georgia follows a modified contributory negligence law. This means that if a jury determines that the injured person was more than 50% at fault for the accident, they will not be able to recover any compensation for their injuries. If the victim is found to be 50% or less at fault, they may still be able to recover compensation, but it will be reduced by the percentage of fault assigned to them.
How Does This Work in Practice?
Let’s take a look at an example to make things clearer. Suppose a person is hit by a car while crossing the street and they suffer $100,000 in damages. At trial, the jury determines that the victim was 30% responsible for the accident because they were wearing headphones and did not see the car coming. The jury also determines that the driver of the car was 70% responsible for the accident because they were speeding.
In this case, the victim will be able to recover compensation for their injuries, but the amount will be reduced by 30%, the percentage of fault assigned to them. So, instead of receiving $100,000 in compensation, they will only be entitled to $70,000.
How Can an Attorney Help?
Because of Georgia’s contributory negligence law, it is essential to have an experienced personal injury attorney representing you if you have been injured in an accident. Your attorney will work to investigate the accident and determine who was at fault. They will also work to minimize the percentage of fault assigned to you, which can increase the amount of compensation you are entitled to receive.
Conclusion
Georgia’s contributory negligence law can significantly impact personal injury claims. It is essential to have an experienced attorney to represent you if you are injured in an accident. Your attorney will work to investigate the accident, minimize the percentage of fault assigned to you, and maximize the compensation you receive.