Georgia’s Comparative vs. Contributory Negligence Laws

What happens if you’re hurt in an accident but also partially to blame for causing it? In Georgia, comparative negligence laws allow you to recover compensation as long as you are less to blame for an accident than all other at-fault parties. However, Georgia’s comparative negligence laws can also affect how much money you may recover based on your percentage of fault. They may even bar you from recovering any compensation for your injuries and losses.

What Is Negligence?

In personal injury law, negligence refers to the failure to act with the level of care expected of a reasonable person under the circumstances. A party can commit negligence through both actions or omissions (failure to act), although an omission only becomes negligence if the party has a duty to act.

As a general rule, negligence involves:

• A duty of care
• The breach of that duty
• An injury resulting directly from the breach

Someone injured by another party’s negligence can hold that party liable for the consequences of the injury, such as their medical bills, lost wages, and pain and suffering.

How Is Negligence Determined in an Accident?

Proving negligence in a personal injury case will require evidence that a party breached their duty of care to the injured person and that the breach directly caused the injuries.

Common types of evidence used to prove negligence in personal injury claims include:

• Police vehicle crash reports
• Accident scene photos and videos
• Surveillance footage
• Eyewitness statements
• Cell phone records
• Medical records
• Repair and maintenance records
• Reports and opinion testimony from accident reconstruction and engineering experts

Contact our Savannah personal injury attorney today.

How Does Comparative Negligence Differ from Contributory Negligence?

Each state follows either a contributory or comparative negligence system. Historically, personal injury law in the U.S. used the contributory negligence rule. This law holds that an injured party cannot recover compensation for their harm and losses if they are in any way responsible for causing their injuries, no matter how slight the fault.

Due to the harsh consequences of contributory negligence, most states have moved away from that rule to a comparative negligence system. Under a comparative negligence system, an injured party’s partial fault for causing their injuries does not automatically bar them from recovering at least some compensation for their injuries and losses. However, depending on the state, an injury victim who bears too much fault may lose the right to recover any money. The comparative negligence rule also typically affects how much an injured party can recover, even when they are not barred from recovery entirely.

How Does Comparative Negligence Affect the Compensation in a Personal Injury Case?

Although an injured party’s fault does not automatically disqualify them from seeking compensation under the comparative negligence system, it can still affect their financial recovery. The comparative negligence rule states that an injured party’s financial recovery must decrease in proportion to the percentage of fault they bear for their injuries. This reduction in financial recovery reflects that the injury victim shares liability for the losses that result from their injuries.

Here’s an example of how comparative negligence can affect compensation in a personal injury case. Suppose a plaintiff obtains an award of $100,000 from the jury, which also finds them 25 percent to blame for the accident that caused their injuries. In that case, the comparative negligence rule requires the court to reduce the plaintiff’s award by $25,000 to $75,000 to reflect their share of fault for their injuries. Our Savannah car accident attorney can help.

What Is the Difference Between Pure Comparative Negligence and Modified Comparative Negligence?

States that use the comparative negligence system follow either a pure or modified comparative negligence rule. Under the pure comparative negligence rule, an injured party partially responsible for causing their injuries can recover compensation through a personal injury claim no matter the percentage of fault they bear for their injuries. As a result, an injured person who bears 99 percent responsibility for their injuries can still recover 1 percent of their award.

Modified comparative negligence rules cap the share of blame an injured party can bear for their injuries before they become ineligible for financial recovery. States that use a modified comparative negligence system will either have a “50 percent” or “51 percent” rule. Under the 50 percent rule, an injured party’s share of responsibility cannot equal or exceed the fault of the opposing party – or the collective fault of opposing parties. If it does, the injured party may not recover compensation. Under the 51 percent rule, an injury victim may recover compensation in a personal injury claim if they have a share of blame equal to or less than the opposing party’s or parties’ share.

What Is Georgia’s Comparative Negligence Law?

Georgia uses a modified comparative negligence system for personal injury cases. Under Georgia law, an injured person can recover compensation through a personal injury claim if their share of blame for causing their injuries does not equal or exceed the opposing parties’ fault. As a result, an injury victim must have less than 50 percent responsibility for the incident that caused their injuries to win their personal injury case. Any share of blame the injured party bears for their injuries can proportionately reduce their financial recovery in their personal injury claim.

Contact a Georgia Personal Injury Lawyer

Have you been hurt in an accident in Georgia? Are you concerned that you may be partially to blame for your injuries? If so, hiring experienced legal representation can help you minimize your share of fault and maximize compensation under Georgia’s modified comparative negligence laws. Contact Spiva Law Group today for a free, no-obligation consultation with a Georgia personal injury attorney to discuss how comparative negligence might affect your case.