Georgia uses a type of comparative negligence standard in car accident cases. Comparative negligence means that the accident victim’s damages award is reduced based on the percentage that he or she is found to be at-fault for the car accident.
The insurance adjuster or jury will start by calculating the amount of damages that you are entitled to. This can include current and future medical expenses, lost wages, property damage, and non-economic damages such as pain and suffering.
For example, suppose you are involved in a car accident in Georgia. You sue the other driver and his insurance company. The jury determines that you should be awarded $50,000. But the jury also finds that you were 20% responsible for the accident. Your award is reduced by $10,000 (20% of $50,000), leaving you with $40,000.
Georgia’s comparative negligence rule is a little different. Georgia has a “modified comparative negligence” rule. The rule is found in Official Code of Georgia Annotated Title 51, Chapter 11, Section 7. With modified comparative negligence, someone that is injured in a car accident will not recover any damages if he or she is more than 50% at-fault for the accident.
So, returning to the example from above. The jury calculates your damages as $50,000 but finds that you were 55% at-fault for the accident. You will not be entitled to any damages. As long as you are less than 50% at-fault you can recover damages, but your award will be reduced by the percentage that you are found to be at-fault.