How Is Fault Determined in a Car Accident in Georgia?
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Determining fault after a car accident in Georgia is critical to your ability to recover compensation. Georgia is a modified comparative fault state under O.C.G.A. Section 51-12-33, meaning you can recover damages as long as you are less than 50 percent responsible.
Georgia’s Modified Comparative Fault System
Under O.C.G.A. Section 51-12-33: 0-49 percent at fault allows recovery reduced by your percentage; 50 percent or more bars all recovery. Insurance companies aggressively try to attribute fault to you.
Evidence Used to Determine Fault
- Police accident report with scene diagram and citations
- Traffic camera and surveillance footage
- Witness statements
- Physical evidence: skid marks, damage patterns, debris
- Vehicle event data recorders (black boxes)
- Cell phone records proving distracted driving (O.C.G.A. Section 40-6-241)
Insurance Company Manipulation
Recorded statements twisted to imply fault, disputed liability letters, contributory fault arguments, and delay tactics. Never give a recorded statement without an attorney.
Traffic Violations as Negligence Per Se
Running red lights (O.C.G.A. Section 40-6-20), speeding (40-6-181), following too closely (40-6-49), texting (40-6-241), DUI (40-6-391), failure to maintain lane (40-6-48), failure to yield (40-6-70), reckless driving (40-6-390).
Contact the Wetherington Law Firm
If you or a loved one were injured in a car accident in Georgia, contact the Wetherington Law Firm today for a free, confidential consultation. Our experienced attorneys have the resources and knowledge to investigate your claim, build a strong case, and fight aggressively for the full compensation you deserve. We work exclusively on contingency, meaning you pay nothing unless we win your case.
Call now: (404) 888-4444 | (404) 793-1667 | Free consultation