Managing Partner
Not all car accidents are black and white in terms of fault. In fact, there are many cases in which the accident victim was partially to blame for the wreck. This naturally causes victims to ask: am I still eligible to recover damages for my injuries?
Fortunately, even if the victim bears some blame for the accident, they may still be able to recover compensation. But there is an important caveat to this, and there are situations in which the victim’s fault may preclude any recovery at all. Joshua E. Palmer Law Firm takes a look at what Macon and Warner Robins car crash victims need to know.
What Is Modified Comparative Negligence?
Comparative negligence is a term that describes how courts handle situations in which the victim is to blame, at least to some degree, for causing a car accident. Courts will compare the negligence of the victim to that of the at-fault party or parties and assign a percentage of fault. What happens next depends on which specific type of comparative fault doctrine exists in the state; Georgia is what’s called a modified comparative negligence state.
What this means is that a victim in Macon or Warner Robins must be less than 50% at fault in order to recover any compensation. Put another way, when the victim’s fault is compared to the other party or parties involved, it must amount to 49% or less. If the victim’s fault is equal to or greater than the fault of the other party or parties involved in the wreck, then the victim will not be permitted to recover anything.
But the rule comes with another important feature. The amount that the victim would have received in compensation will be reduced by the percentage of fault that is attributed to the victim. Assume that the victim’s total damages (e.g. medical bills, lost wages, and vehicle damage) are $100,000; here is how the court would handle a number of different fault scenarios:
- 0% fault is assigned to the victim, 100% fault is assigned to the defendant: The victim will receive the full $100,000.
- 25% fault is assigned to the victim, 75% fault is assigned to the defendant: The victim will receive $75,000 ($100,000 minus 25%, or $25,000).
- 49% fault is assigned to the victim, 51% fault is assigned to the defendant: The victim will receive $51,000 ($100,000 minus 49%, or $49,000).
- 50% fault is assigned to both the victim and the defendant: The victim will receive no compensation.
- Any percentage above 50% is assigned to the victim: The victim will receive no compensation.
How Does Modified Comparative Negligence Affect Your Case?
As you might imagine, these rules grealy incentivize insurance companies to do whatever they can to blame Macon and Warner Robins victims – and assign as much blame to them as possible. The at-fault party’s lawyers will try to find something the victim negligently did in causing the wreck, and then argue for the highest percentage of fault possible to be allocated to the victim.
For instance, perhaps the defendant driver was speeding, but maybe the victim turned right at an intersection with a “no right turn” sign and then got hit. Or maybe the defendant made an illegal turn, but the victim was unable to slow down because they negligently failed to repair their brakes. Whatever it takes, from the perspective of the defendant’s insurer, is what they will argue to shift fault to the victim.
How Do We Fight Back?
The lawyers and insurers representing the defendant driver (or other party) may try to blame the victim, but that’s where our experienced law firm is ready to stand up for you. To anticipate and respond to the defendant’s use of modified comparative negligence, we get to work by:
- Fully investigating the facts of the accident
- Identifying all parties who could be named as defendants
- Acquiring evidence through subpoenas, document requests, and other forms of discovery
- Using expert witnesses as necessary to explain in detail who was really at fault (and how much)
- Refuting any attempt to shift fault to our client
- Negotiating on behalf of our client in mediation and otherwise
- Taking the matter in front of a jury, if necessary, and arguing for the smallest percentage of fault to be assigned to our client
- Demanding the maximum amount of compensation allowed for our client under the law
Count on the Dedication of Attorney Joshua E. Palmer
Were you injured in a car crash in Macon and Warner Robins? It’s time to get serious with making your strongest possible argument for the most available legal damages. Get started with Joshua E. Palmer Law Firm by calling us, emailing us, or completing our online form today.
