You get hit on Veterans Parkway while pulling out of a crowded shopping center. The other driver ran a red light, but you were speeding a few miles over the limit to beat the traffic. Now your car is sitting in a local tow lot, your neck hurts, and the insurance company is questioning how much responsibility you had for the wreck.
When two drivers share responsibility for a collision, figuring out who pays for the damage can become complicated quickly. Georgia law can still allow an injured person to recover damages when that person shares some responsibility for the crash. However, the percentage of fault assigned to each person can directly affect how much is ultimately recovered.
Working with a Columbus car accident lawyer can help an injured driver understand how Georgia’s comparative-fault rules may apply to the evidence and circumstances surrounding a particular collision.
Georgia handles shared fault under O.C.G.A. § 51-12-33. Under the state’s modified comparative-fault system, a person’s damages are reduced according to the percentage of responsibility assigned to that person.
For example, if damages are determined to be $100,000 and the injured person is found 20% responsible, the damages would be reduced by 20%, leaving $80,000.
There is also an important cutoff. Under Georgia law, a plaintiff who is 50% or more responsible for the injury or damages claimed is not entitled to recover damages. That makes the determination of fault especially important in cases where both drivers may have contributed to the collision.
Fault is not always obvious from the position of the vehicles after a crash. Statements from drivers and witnesses, photographs, video, vehicle damage, police reports, and other evidence can all become important when reconstructing what happened. Gauge Magazine has looked at what evidence is important in a car accident injury claim and why preserving it early can matter.
Many collisions involve actions by more than one driver. An investigation may therefore look at the conduct of everyone involved rather than focusing on a single mistake.
These situations do not automatically establish a particular percentage of fault. The available evidence and circumstances of the individual collision determine how responsibility may ultimately be allocated.
When fault is disputed, insurance companies and attorneys may review several different sources of evidence. These can include photographs from the scene, witness statements, traffic or surveillance video, vehicle damage, electronic vehicle data, police reports, and, in some cases, accident-reconstruction analysis.
Even apparently straightforward crashes can involve disputed responsibility. For example, rear-end collisions are often assumed to be entirely the fault of the following driver, but the circumstances can sometimes be more complicated. Gauge Magazine’s look at rear-end collision liability explains some of the evidence and circumstances that can affect the determination of fault.
The more reliable evidence available, the easier it becomes to evaluate whether an allegation of shared fault is supported by what actually happened.
The percentage assigned to an injured person matters because Georgia law reduces the damages awarded by that same percentage.
If the total damages were $50,000 and the injured person were found 10% responsible, the damages would be reduced by $5,000. At 30% responsibility, the same $50,000 award would be reduced by $15,000.
Once the injured person’s share reaches 50%, however, Georgia’s modified comparative-fault rule bars recovery. Because of that threshold, evidence relating to speed, right of way, distraction, following distance, traffic signals, road conditions, and other driver behavior can become particularly important when responsibility is disputed.
Georgia Code § 9-3-33 generally provides a two-year limitations period for actions involving injuries to the person. The specific calculation of a filing deadline can depend on the circumstances, so drivers should not assume that every case can safely wait until two years after the collision before action is taken.
Property-damage claims are governed by a different provision. Georgia Code § 9-3-32 generally provides a four-year limitations period for actions involving injury to personal property.
Claims against a municipal government can involve additional requirements and much shorter notice periods. Under O.C.G.A. § 36-33-5, a claim for money damages against a Georgia municipal corporation for injury to person or property generally must first be presented in writing to the municipality within six months of the event giving rise to the claim. The statute also specifies information that must be included in the notice and how it is to be served.
These deadlines are one reason evidence should be preserved early rather than waiting until a filing deadline approaches. Skid marks disappear, vehicles are repaired, surveillance footage can be overwritten, and witnesses may become more difficult to locate as time passes.
A consultation with an attorney generally gives an injured driver an opportunity to explain what happened and have the available information reviewed. Depending on the case, that may include the police report, photographs, medical records, insurance information, witness statements, and correspondence from insurance companies.
The attorney can then discuss potential legal options, applicable deadlines, questions involving fault, and how the firm’s fee arrangement works. Whether a particular attorney offers a free consultation or works on a contingency-fee basis depends on that attorney or law firm’s policies and the type of case.
Sharing some responsibility for a Columbus collision does not automatically eliminate the possibility of recovering damages. Under Georgia’s comparative-fault law, the key questions include how much responsibility is assigned to each person and whether the injured person’s share of fault remains below the 50% threshold.
Preserving photographs, witness information, medical records, repair documentation, video, and other evidence can help establish what actually happened. Drivers should also be careful about making assumptions about fault before all of the available evidence has been reviewed.
If a collision involves disputed responsibility, understanding Georgia’s comparative-fault rules early can help a driver make better-informed decisions about an insurance claim or potential lawsuit.
The post Can I Recover Damages If I Share Fault in a Columbus Crash? appeared first on Gauge Magazine.
