If you are involved in a car accident, one of the first major concerns is how you will pay for repairs to your car, as well as any necessary medical expenses. One way in which insurance companies determine reimbursement and other issues is by determining fault in the accident. If one person was entirely at fault for the accident, he will have to bear the brunt of the costs. However, if fault belongs to both parties, costs in the state of Georgia are determined based on comparative fault.
Proportional Comparative Fault
Fault for an automobile accident can fall upon one person who was particularly negligent. However, in many cases some fault can fall upon both parties. This is called proportional comparative fault, and in Georgia the threshold for proportional comparative fault is set at fifty-one percent. This means that if a party was at least fifty-one percent at fault for the accident, he or she is not entitled to damages.
In some cases, it is clear who was to blame for an accident. In others, however, fault is less clear-cut, especially when dealing with proportional comparative fault. In these cases, if often falls to the courts to decide who is entitled to damages, and how much.
In cases where a court proceeding is necessary to determine fault, a competent, experienced car accident attorney can make all the difference. For the best representation, please contact a car accident attorney at the Atlanta offices of Robbins Law, PC We will do everything in our power to ensure you receive the compensation you deserve.