When you are hurt in an accident in Georgia, you may assume that recovering compensation will be as simple as submitting a claim to the insurance of the negligent party and receiving a check in the mail. Unfortunately, this is far from the case. In reality, you’ll not only need to prove negligence by the other party, but the state’s comparative negligence law may also impact the outcome of your claim. As such, the following blog explores what you should know about these serious matters, including the importance of discussing your legal options with a Marietta personal injury lawyer.

What Constitutes Negligence Under Georgia Law?

Under Georgia law, someone is negligent when they fail to act with the same degree of care that any other reasonable person would take if in the same situation. For example, a driver who causes a collision because they are texting and driving can be found negligent, as they did not take care that is reasonably expected of them.

In order to prove negligence, four elements must be present. They are as follows:

  • Duty of care: To prove negligence, you must show that the other party had a legal duty to keep you safe. In auto accidents, this duty is assumed by all drivers who operate a vehicle on public roadways.
  • Breach of duty: Once you have established that someone has a duty to keep you safe, you must then demonstrate that they breached the duty by failing to act in a reasonable and responsible manner. 
  • Causation: You must be able to show that the breach of duty by the negligent party directly resulted in the injuries you’ve suffered.
  • Damages: Finally, you must demonstrate that you’ve suffered financial, physical, or emotional harm as a result of the injuries you suffered at the hands of the negligent party. 

How Will the State’s Modified Comparative Negligence Statute Impact My Claim?

Georgia is a 50% modified comparative negligence state. This means that any accident in which the plaintiff, meaning the injured party who raised the claim, is found to be 50% or more responsible for, is prohibited from recovering any compensation. For example, if you are involved in an accident in which you were hit by a texting driver, but you were speeding 30 miles over the speed limit at the time of the accident, you may be found 50% at-fault for the collision due to your negligence. If this is the case, you would not be awarded any compensation for the injuries you’ve suffered.

However, if you are found to have contributed to the collision in some capacity less than 50%, you can still receive compensation, though it will be reduced by your percentage of fault in the accident. Using the previous example, if you are struck by a texting driver, but you were speeding five miles over the posted speed limit, you may be held 10% liable. As such, if you are awarded $50,000 in damages, it would be reduced by 10%, making you eligible to receive $45,000.

As you can see, the law surrounding negligence can be complicated, especially if you’ve suffered a serious injury. That is why working with an experienced attorney with Miller Law Practice is in your best interest. Our firm understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you recover the justice and compensation you deserve. Contact us today to learn more.