Is Georgia a no-fault car accident state?

| Jul 19, 2018 | Car Accidents |

When you suffer injuries in a Georgia car accident involving negligence, one of your first thoughts might revolve around holding the responsible party to account. This is a normal and healthy response. Seeking a legal solution also encourages others to do the same and may even reduce negligent car accidents.

When you are certain that negligence led to the car accident, what could go wrong in any legal action you take? That depends on how the authorities view your crash. Georgia is not a no-fault state. This means that if you played a role in causing the accident, it would have an impact on any compensation you seek.

For example, say you were approaching an intersection displaying a red stop light. You hit the brakes in preparation for stopping when a car crashed at high speed into the rear of your automobile, causing you to suffer serious injuries. Reasonably, the motorist behind you should have seen the red light and slowed to a stop. You have an airtight case, right?

Now, say you did not realize that your brake lights were no longer functioning. Even though the other driver still had a responsibility to obey the traffic signal, a court could decide that you share some of the blame for the accident. This is called modified comparative negligence or fault and can reduce or eliminate any compensation you might receive.

Cases involving the appearance of shared fault can be especially complicated. However, you may still be able to walk away with the compensation you deserve. A personal injury attorney can help you present your side of the story so that you have a very real chance of recovering the funds you need to aid in your physical recovery.