Can I Still Get Compensation if I’m Partly at Fault?

Key Highlight:

Yes, you can still get compensation if you’re partly at fault, as long as you’re less than 50% responsible. Your compensation will be reduced by your percentage of fault.

When an accident occurs, determining fault can be complicated, especially if more than one party shares responsibility. Many people wonder whether they can still receive compensation if they are partly to blame. The answer often depends on the legal concept of comparative negligence, which varies by state.

Understanding your rights in such cases is important, as you may still be eligible to recover damages for medical bills, lost wages, and other losses. Knowing how fault is calculated and how it affects compensation can help you navigate the legal process and secure the financial support you deserve.

Understanding Georgia’s Comparative Negligence Rule

In Georgia, the law follows what’s known as “modified comparative negligence.” This means that if you’re partly at fault for the accident, you can still get compensation—but only if your fault is less than 50%. If you’re 50% or more responsible for the accident, you won’t be able to recover any damages.

Here’s how it works: If the court finds you 20% at fault for the accident, your compensation will be reduced by that 20%. So, if you were supposed to receive $10,000 in damages, you would get $8,000 instead. The amount is lowered based on your level of responsibility in the accident.

How Is Fault Determined?

Determining fault can be tricky. It’s not as simple as pointing fingers. In many cases, both drivers may have done something wrong, like speeding or failing to signal. The key is to prove that the other party was more at fault. Insurance companies and courts look at factors such as:

• Police reports
• Eyewitness accounts
• Photos and videos from the scene
• Traffic laws and how they were violated

It’s important to gather as much evidence as possible to show your side of the story, especially if you’re dealing with how to prove the other driver was uninsured in an accident.

What You Should Do After the Accident

If you think you might be partly at fault, there are steps you should take to protect your rights and ensure you can still pursue compensation:

• Gather Evidence: Take photos of the accident scene, get the other driver’s information, and talk to witnesses. Evidence will help show the degree of fault for both parties. This is also essential for how to recover losses after an accident with an uninsured driver.
• Be Careful with What You Say: Don’t admit fault, even if you think you might be partially responsible. Let the investigation determine fault. Saying “sorry” or making statements about what happened could hurt your claim later on.
• Speak to an Attorney: Getting legal advice is important. A personal injury attorney can help ensure you don’t end up with more blame than you deserve and that your rights are protected. They can also help you understand what to do if your insurance denies an uninsured motorist claim.

All our cases are handled contingently, so you only have to pay us once we win. Contact us today for a free case evaluation. 

What Happens If You’re More Than 50% At Fault?

If you’re found to be 50% or more at fault for the accident, Georgia’s comparative negligence law means you won’t be able to collect compensation from the other party. This is why it’s critical to have strong evidence that shows the other driver was mostly to blame, especially if you’re considering can I get compensation if the at-fault driver has no insurance.

How Our Atlanta Car Accident Attorneys Can Help

Dealing with the complexities of fault after an accident can be stressful. Our Atlanta car accident attorneys specialize in cases where fault is shared and are here to support you through every step of the process. We can help:

• Recovering Lost Wages: If you’ve been unable to work because of your injuries, we’ll work to recover lost income.
• Help with Medical Bills: Even if you’re partly at fault, you shouldn’t have to bear all the costs of medical care. We’ll fight to get those covered. You can also learn more about how to handle medical bills after an accident with an uninsured driver.
• Property Damage: We can help ensure your vehicle and other property damaged in the accident are taken care of.
• Emotional Recovery: Accidents can leave emotional scars, and you deserve compensation for the emotional toll as well.

Important Initial Advice

After an accident where you might be partly at fault, follow these important steps to protect your case:

• Attend All Medical Appointments: Document your injuries and recovery to strengthen your case.
• Stay Off Social Media: Avoid posting about the accident online, as this can be used against you.
• Don’t Accept the First Insurance Offer: Insurance companies often try to settle quickly for less than what you deserve.
• Be Careful with Your Words: Avoid making statements that could be used to assign you more fault than necessary.
• Get Legal Advice: A personal injury attorney can help you navigate the complexities of shared fault and ensure you get the compensation you deserve.

Deadlines

It’s important to act quickly. Georgia has a statute of limitations, meaning you only have a limited time to file a claim after an accident. Don’t delay—contacting a lawyer promptly ensures that you meet all deadlines and protect your right to compensation. 

Gathering Evidence

Strong evidence is crucial in shared-fault cases. Make sure to gather:

• Police Documentation: This is essential in determining fault and can significantly impact your case.
• Medical Records: These help document the extent of your injuries and the necessary treatment.
• Eyewitness Statements: Witnesses can provide independent accounts of the accident.
• Photo/Video Evidence: Visual proof of the accident scene and any damages helps clarify what happened.

We know gathering this information can be difficult when you’re recovering from an accident. Our attorneys can handle this for you, letting you focus on healing while we build your case.

What Can I Expect to Pay?

Concerned about costs? Our services are offered on a contingency basis, meaning you don’t pay unless we recover money for you. This ensures that you won’t face additional financial stress during an already challenging time.

Speak to an Atlanta Personal Injury Attorney Right Now

If you’re partly at fault for an accident, don’t assume you can’t get compensation. Our experienced Atlanta personal injury attorneys can help navigate your case, ensuring you understand your rights and options. For a free consultation, call us at (404) 888-4444, email us, or visit our Contact Us page to get started. Let us help secure the compensation you deserve.

Conclusion

Even if you’re partly at fault for an accident, you may still be entitled to compensation under Georgia’s comparative negligence laws. However, understanding the nuances of fault and securing the right evidence is critical. Our Macon car accident attorneys are here to guide you every step of the way, ensuring that you get the compensation you deserve.

For more information or a free consultation, contact us today. We’re here to help you through this challenging time.