Georgia operates under a modified comparative negligence law that allows injury victims to claim damages after a car accident as long as they hold less than 50% of the fault for the accident. An injury victim can recover damages minus their percentage of fault in the accident. For example, if a damage claim includes $100,000 in compensation but you’re found to be 20% at fault for the accident, you can still recover $80,000. If you were equally responsible for the accident or more than 50% responsible you cannot recover damages but may owe the other party damages through your PIP auto insurance coverage.
Common examples of driver negligence include:
Speeding
Violating traffic laws
Texting while driving
Tailgating
Failing to replace broken headlights, tail lights, or brake lights
The police report, dash-cam or traffic cameral video, and eyewitness testimony all help to establish negligence after a car accident.