How Is Fault Determined in a Car Accident in Georgia?

If you’re involved in a car accident in Georgia, you may or may not be eligible to recover compensation for the damages it caused, including medical expenses, vehicle repairs, and pain and suffering. Because Georgia is an at-fault state, it requires insurers and authorities to determine who is responsible (at fault) for the accident. Determining fault involves looking at key evidence to understand what happened and who is to blame.

Establishing fault is important for a few reasons. For one thing, it determines who is responsible for paying whom and whose insurance company will cover the cost of damages. It may also affect the extent of the compensation available to drivers involved in an accident, with at-fault drivers having their damages potentially reduced by their percentage of fault.

Overall, fault can affect how much money you receive from an insurer or a lawsuit after a car accident. You may be found liable for another party’s expenses if you are at fault for an accident.

Regardless, though, it’s important to consult a lawyer to understand which steps you should take next. Thompson Law has successfully recovered compensation for dozens of cases involving car and auto accident claims in Georgia. Below, we cover all of the information you may need to understand how fault is determined and what you may need to do to protect your rights.

Is Georgia a No-Fault State?

In a no fault state, drivers file personal injury claims with their own insurance companies irrespective of who was responsible for an accident. But is Georgia a no-fault state? No, Georgia is not considered a no-fault state. Instead, Georgia is an at-fault state where, in the case of a car accident, the responsible driver (or their insurance company) is liable for damages. Examples of potential damages may include medical expenses, vehicle repairs, and pain and suffering.

Because Georgia law requires the responsible driver to pay damages, it also requires thorough fault determination. In other words, because the person who’s at fault must pay, it’s necessary to determine who is at fault in the first place.

Being an at-fault state also means that Georgia allows responsible drivers to be sued directly if their insurance doesn’t cover the cost of all damages. As a result, by law, Georgia drivers must have adequate coverage and must carry liability insurance with at least:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 for property damage

So, to summarize, being an at-fault state means that Georgia allows the injured party in a car accident to file any of the following:

1. A claim with their own insurance
2. A third-party claim with the at-fault driver’s insurance
3. A lawsuit for full compensation

What’s the Difference Between No-Fault and At-Fault States?

The main difference between a no-fault and at-fault state lies in how insurance claims are handled following an auto accident.

In a no-fault system, each driver files a claim with their own insurance company, regardless of fault or who caused the accident.

States that use this system typically require Personal Injury Protection (PIP) coverage, which is meant to pay for medical expenses and lost wages resulting from the accident. Lawsuits against the at-fault driver in these states are limited to cases involving severe injuries or high damages that go beyond PIP limits.

Meanwhile, in states with an at-fault system (also known as tort states), the at-fault driver’s insurance pays for the other party’s damages. This may include their medical bills, vehicle repairs, and pain and suffering. This is the system that Georgia and most other states follow.

In an at-fault state, the injured driver can file a claim against the at-fault driver’s insurance. They can also sue for full compensation. However, these cases also require determining fault and establishing who caused the accident through police reports, witness statements, and insurance investigations.

How Is Fault Determined in Georgia Car Accidents?

In Georgia, the fault for cases involving car accidents is determined based on available evidence and the state’s modified comparative negligence rule. Insurance companies, attorneys, and courts can all use various factors to establish who caused an accident and to what degree.

Negligence in Car Accidents

Negligence occurs when a driver fails to exercise reasonable care and, as a result, causes harm to others. A negligent driver may be deemed at fault for an accident that results from their actions.

Proving negligence in Georgia requires showing that the at-fault driver:

• Had a duty of care to the plaintiff (to follow traffic laws and generally act reasonably under all traffic circumstances)
• Breached their duty of care
• Directly caused injuries due to their negligence.
• Caused measurable damages because of their negligence

You may be familiar with some of the most common examples of negligence that results in car accidents, including:

• Distracted driving (eating, talking on the phone, etc.)
• Speeding
• Failure to yield

Statutory Negligence

Statutory negligence occurs when a driver violates a traffic law and, as a result, causes an accident.

In Georgia, breaking traffic laws is enough to automatically establish fault in a car accident under the doctrine of negligence per se (O.C.G.A. § 51-1-6). This means that if a driver violates a law designed to protect public safety – as is true of most traffic laws – they are presumed negligent.

More specifically, when a driver breaks a Georgia traffic law, they may be found automatically negligent if:

• The law was intended to protect others from harm
• The victim was among those the law was designed to protect
• The violation directly caused the accident and injury(ies)

Some of the most common violations that lead to statutory negligence include:

• Speeding (O.C.G.A. § 40-6-181). For example, a driver exceeding the speed limit who crashes into another vehicle is at fault for the accident. Speeding reduces reaction time and increases crash severity, meaning the accident is a direct result of the responsible driver’s actions.
• Running a red light or stop sign (O.C.G.A. § 40-6-20). Violating traffic signals is considered negligence per se.
• Driving under the influence, or DUI (O.C.G.A. § 40-6-391). Driving under the influence is a criminal offense and undoubtedly a case of statutory negligence.

Comparative Negligence in Georgia

When more than one driver is found to be responsible for a car accident, Georgia uses a modified comparative negligence rule (O.C.G.A. § 51-12-33), which reduces compensation based on each party’s percentage of fault.

Here’s how it works:

• If you, the plaintiff, are less than 50% at fault for the accident, you may recover damages. However, your compensation will be reduced by the percentage of your fault. For instance, if you are considered 20% at fault for an accident, and your damages total $10,000, you can only recover $8,000 of those damages.
• If you are 50% or more at fault, you cannot recover any damages.

Because your percentage of fault can affect both insurance payouts and lawsuits, consulting an attorney after a car accident may be a wise decision.

Role of Evidence in Determining Fault

When a case requires a determination of fault, evidence of what happened during an accident is crucial. Evidence helps establish who was responsible for the accident and what happened in the moments leading up to it. It may also demonstrate which damages occurred due to the accident or the financial burden the incident created for the affected party(ies).

Examples of pieces of evidence that are commonly used in cases involving car accidents include:

• Photos and videos
• Police reports
• Witness statements
• Medical records
• Accident reconstructions
• Notes and diagrams
• Expert testimonies

Evidence of this kind can make or break a case. The more evidence a plaintiff in a lawsuit has to support their claim, the stronger their case will be, and the more likely they may be to receive maximum compensation. Strong evidence can also increase your chances of receiving fair compensation from insurance providers.

What Happens if I’m at Fault in a Car Accident in Georgia?

If you are determined to be at fault for a car accident in Georgia, you or your insurance company are legally responsible for the other driver’s damages. But what does that actually mean?

For one thing, it means that your liability coverage will pay for the other driver’s expenses (up to your policy limits). If the injured driver sues you, or your insurance doesn’t fully cover damages, you may be personally responsible for paying the difference.

Because Georgia uses a modified comparative negligence rule, you may still be able to claim compensation for damages, even if you are partially at fault for the accident.

However, this is only true if you are found to be less than 50% at fault for the accident. In this case, your compensation will be reduced by your percentage of fault. If you are found 50% or more at fault, you cannot recover compensation for your injuries.

There are other potential consequences for being at fault in a car accident in Georgia beyond finances, though.

Being determined to be at fault could cause increased insurance rates, for example, or even policy cancellation. If you violated a law and caused an accident, you might face legal repercussions like fines, points on your license, suspension, or even jail time.

The best thing you can do if you’re at fault for a car accident is report the incident immediately to the local police office and your insurance provider.

You may also want to consult a lawyer to ensure you move forward in a way that protects your rights and minimizes financial exposure. A lawyer can also help you avoid doing or saying anything that might hurt your case when communicating with insurers or other drivers.

How a Lawyer Can Help with Fault Disputes

Regardless of the amount of fault you bear in a car accident, speaking with a lawyer can help you learn which steps to take next and whether it’s possible to receive compensation for damages. A lawyer can also help you prove and dispute fault by assisting you with:

• Gathering and preserving key evidence, like medical records, photos, videos, police reports, notes, diagrams, or witness statements
• Negotiating with insurers and avoiding making statements that could harm your case
• Representing your case in court, if necessary

Thompson Law has the expertise you may need to navigate legal proceedings in the wake of a car accident. We’ve recovered over $1.9 billion in damages for our clients across dozens of cases involving auto accidents, including those that result in injury or death.

We can work with clients to help them secure maximum compensation, whether they are at fault or not. Our contingency fee model means that you won’t pay for our services unless we win money for you.

Contact Thompson Law Today

If you’ve been involved in a car accident – whether you were responsible for it or not – it’s important to act quickly to preserve evidence and protect your rights. Thompson Law has secured millions of dollars for individual clients in cases just like yours. Don’t wait to reach out – contact Thompson Law today to schedule a free consultation.