If you are in an accident with a careless driver, state laws allow you to pursue compensation for the damages you sustained. A successful claim could lead to restitution for medical expenses, lost wages, and pain and suffering.
However, if the defendant can prove to the court that you were partially responsible for the accident, the court will reduce your compensation accordingly. This legal concept is known as comparative negligence, as a knowledgeable attorney could further explain. If you were in a crash, discuss comparative negligence in Alpharetta car accident claims with a lawyer.
Defining Comparative Negligence in Alpharetta
Comparative negligence is civil or tort law that applies to liability and settlement amounts after a person sustains damages in an accident. The principle of the statute is to assign liability to two or more parties when the defendant is not the sole person responsible.
To determine liability when pursuing a claim after a vehicle collision, the plaintiff and their local attorney will need to provide evidence, including accident reports, witness statements, and any other proof that may show the other driver was negligent. Comparative negligence applies if both drivers were somewhat at fault. The law is in place to ensure that each driver is accountable for their portion of responsibility.
How Comparative Negligence Affects a Claim for Damage Recovery
Comparative negligence law can significantly affect a car accident claim and award amount. If the defendant can establish to the court that the plaintiff shared responsibility for the accident and damages, the court may limit the potential award amount.
If the court finds the plaintiff or a third party shares a percentage of the liability, they will reduce that amount from the total award for compensation. For example, if two drivers were 10 percent responsible for the accident and another party was 80 percent at fault, the third party would have to pay 80 percent of the award amount. If total compensation were 100,000, they would be responsible for paying $80,000. An Alpharetta attorney experienced with comparative negligence in car crash claims could help determine how a plaintiff’s liability may affect their potential award amount.
Comparative Negligence in Alpharetta, Georgia
Georgia follows a modified comparative negligence system. Per Georgia Code § 51-12-33, a plaintiff may pursue a claim for compensation against the liable party if they do not share equal or greater responsibility for the accident. Comparative negligence allows a person to collect payment if they are 49 percent liable for the accident. However, if they are 50 percent or more responsible, they will not be eligible to recover any damages.
Because of this, the plaintiff must build a strong case showing the other driver was more than 50 percent liable for the crash. A skilled attorney understands comparative negligence in Alpharetta car crash claims and could answer questions about this tort legislation.
Call an Alpharetta Car Accident Claims Attorney to Learn about Comparative Negligence
Comparative negligence laws are complex. A skilled legal professional could help explain how the apportionment of fault may affect your traffic accident claim and potential compensation.
An attorney could also help build a case to prove fault and calculate compensation under the comparative negligence law. If you were in a collision, contact a lawyer to discuss comparative negligence in Alpharetta car accident claims.