After an accident, determining who is at fault is a challenging experience. In Georgia, figuring out who is at fault after an accident is not always black and white. This is because comparative and contributory negligence plays a part.
In this article, we will discuss all the intricacies that you need to know concerning comparative and contributory negligence in Georgia car accident claims. We’ll also explore how car accident attorneys in Savannah play a crucial role here. So, engage your mind as we dive deeper.
Comparative vs. Contributory Negligence
What is Comparative Negligence?
Comparative negligence refers to the legal principle used in car accident cases to determine each party’s degree of fault. Instead of placing blame on one party, comparative negligence allocates fault based on the degree to which each party contributed to the accident. The state of Georgia follows comparative negligence.
Let’s break it down with an example: Say you are driving a car over a speed limit when the other driver runs a red light and crashes into you. In this scenario, both you and the other driver share fault.
The court might find you 20% at fault and the other driver 80% at fault. As a result, any compensation you’re entitled to would be reduced by your percentage of fault, meaning you’ll receive 80% of total damages.
There are two different subtypes of comparative negligence: modified comparative and pure comparative.
Modified comparative: Within the modified comparative rule, the plaintiff only recovers compensation if their percentage of fault is less than that of the defendant. Well, the plaintiff receives 49% and below. When the plaintiff is 51% or more at fault, they cannot get money from the defendant, who is less at fault.
In Georgia, they use the 50% bar rule under modified comparative. This means a party found to be 50% or more responsible for an accident cannot recover any percentage of compensation. On the other hand, a party found to be 49% at fault or less can receive compensation.
Pure comparative: Here, the plaintiff can recover damage even if they are 99% at fault. They can recover 1% from the defendant.
What is Contributory Negligence?
Contributory negligence is a legal doctrine where a plaintiff is barred from recovering any compensation if they were negligent. Unlike comparative negligence, which allows recovery based on each party’s degree of fault, contributory negligence is much stricter. Even if the plaintiff is only 1% at fault for the accident, they may still not receive compensation.
Contributory negligence is a harsh pill for plaintiffs. Why? Because if you’re found even slightly at fault for an accident, you’ll not be able to recover any damages.
The Importance of Consulting an Attorney
When faced with contributory or comparative negligence, it is vital to consult an attorney. Here is what you need to know:
- Legal Expertise: Lawyers are well-versed in the intricacies of contributory and comparative negligence. They can provide valuable insights into how these doctrines can affect your case and advise you on the best course of action.
- Protection of Rights: They’ll advocate on your behalf to prevent you from being unfairly barred from your compensation.
- Evidence Gathering: Lawyers have the resources and experience to gather evidence to support your case.
- Negotiation Skills: When contributory and comparative negligence are involved, dealing with insurance companies becomes strenuous. Attorneys are skilled negotiators who can handle discussions with insurance adjusters to secure a fair settlement on your behalf.
- Court Representation: Attorneys will present your case persuasively due to their formidable communication skills. They’ll cross-examine witnesses and argue on your behalf to achieve the best possible outcome.
Wrapping Up
Understanding the nuances of comparative and contributory negligence is critical. Whether dealing with shared fault under comparative negligence or facing strict contributory negligence standards, knowing your rights and being involved in legal support will significantly impact your case.