Can I Sue If I Was at Fault in a Car Accident?
Many drivers believe that if they caused a car accident, they lose all rights to seek compensation. In Georgia, that is not always true. State law allows you to file a lawsuit or insurance claim even if you were partly at fault, as long as your share of blame is less than 50 percent.
In this blog, you’ll learn when you can sue even if you were partly at fault, what compensation you may still recover, how Georgia law applies, and why working with an experienced Atlanta car accident lawyer can help you protect your rights and build a strong claim.
Understanding Fault in Georgia Car Accident Cases
Fault affects your ability to recover compensation after a car accident in Georgia. Knowing how fault is determined helps you understand your legal options.
Georgia Follows Modified Comparative Negligence
Georgia uses a modified comparative negligence rule under O.C.G.A. § 51-12-33. This law states that if you are less than 50% at fault, you can still recover compensation. However, your recovery is reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover damages from the other driver.
This applies to personal injury claims, car accident lawsuits, and insurance claims filed after an accident in Georgia. A car accident lawyer can help evaluate your share of fault and explain what compensation you can still pursue.
Fault Is Based on Evidence
Insurance companies, police, and courts use several factors to determine fault in a car accident. These include:
- Police accident reports
- Witness statements
- Traffic camera footage
- Photos of vehicle damage
- Physical injuries
- Location of vehicle damage
Your car accident attorney can collect this evidence to help prove the other driver was more at fault.
Multiple Drivers Can Share Fault
In many car accident cases, more than one driver makes a mistake. For example, if one driver was speeding but you failed to yield, both may be at fault. If your fault is 30% and the other driver’s is 70%, you may still recover 70% of your damages.
This shared fault rule applies to medical bills, lost income, vehicle repair costs, and pain and suffering. Even if you were partly to blame, you may still be able to seek compensation.
Fault Impacts Financial Recovery
Fault affects how much financial compensation you receive. For example, if your total economic damages are $20,000 and you were 25% at fault, you may only recover $15,000. Insurance adjusters and attorneys use this percentage to calculate fair settlement offers.
A car accident lawyer can push back if the insurance company tries to place more blame on you than is fair. This helps protect your personal injury claim and increases your chance of a better outcome.
Fault and Your Insurance Coverage
Your own insurance company may pay for some losses through PIP coverage, medical payments coverage, or underinsured motorist coverage. However, these options depend on your insurance policy. If the at-fault driver’s insurance is limited or denies the claim, your policy may fill the gap.
Can You Sue Even If You Were at Fault?
Being at fault in a car accident does not always prevent you from filing a lawsuit or seeking compensation in Georgia.
Partial Fault Still Allows Legal Action
Under Georgia’s modified comparative negligence law, you can file a personal injury claim if you were less than 50% at fault. This means you may sue the other driver if they share more responsibility for the accident than you do. Your percentage of fault will reduce your financial compensation, but it does not prevent you from taking legal action.
This law applies to car accident claims involving medical expenses, lost wages, vehicle damage, and pain and suffering. A car accident lawyer can review the facts to determine whether your case qualifies under this rule.
Example of Shared Fault
If you were involved in an auto accident and were found to be 40% at fault while the other driver was 60% at fault, you may still recover 60% of your total damages. For example, if your total losses were $50,000, you could still be awarded $30,000.
These situations are common in car accident cases where both drivers made mistakes. A personal injury attorney can help show the insurance company that your share of fault should be lower than claimed.
When You Cannot Sue
If you are found to be 50% or more at fault, Georgia law bars you from suing the other driver or seeking recovery through their insurance policy. In this case, you must rely on your own insurance company for coverage of medical bills, vehicle repair, or other costs. This includes options like PIP coverage and medical payments coverage, if your policy includes them.
Even if you believe you caused the accident, you should not assume you have no legal options. A car accident attorney can investigate and help determine who was truly at fault.
Why Fault Should Be Investigated
Fault is not always obvious. Sometimes the driver’s insurance company tries to shift blame unfairly. Other times, there may be additional causes such as mechanical failure or a third driver. The right law firm will gather evidence, interview witnesses, and review accident reports to build a stronger case for you.
What Compensation Can You Still Recover?
If you were partly at fault in a car accident, you may still be eligible to recover certain types of compensation under Georgia law.
Medical Expenses and Ongoing Treatment
You may claim payment for medical bills, including emergency care, hospital visits, physical therapy, prescriptions, and ongoing treatment. If your injuries require long-term care, those costs may also be included in your personal injury claim. Even if you were partly at fault, Georgia allows recovery for physical injuries as long as your fault is less than 50 percent.
Your car accident attorney will collect medical records and work with doctors to estimate the full value of your medical costs.
Lost Wages and Future Income
If the accident forced you to miss work, you may seek compensation for lost wages. This includes missed paychecks, reduced hours, and any future loss of earning capacity caused by serious injuries. A personal injury lawyer can help document how the accident affected your job and future income.
Proof of lost income may include pay stubs, employer letters, or tax returns. If you cannot return to work at all, you may also claim loss of future earnings.
Property Damage and Vehicle Repair
You may be reimbursed for vehicle repair costs, replacement costs, or vehicle damage resulting from the crash. This applies even if you were partly at fault, as long as another party shares greater blame. You can also include damage to personal items inside the car at the time of the car accident.
If your car was totaled, you may seek the fair market value of the vehicle. Your insurance claim or injury claim may also include towing fees and rental car expenses.
Pain and Suffering
You may claim non economic damages for pain and suffering, emotional distress, anxiety, and other impacts on your daily life. These damages are harder to measure, but they are real losses that many accident victims experience.
A car accident lawyer will help calculate a fair amount based on the severity of your injuries, the length of recovery, and the effects on your quality of life.
Punitive Damages in Rare Cases
If the at fault party acted recklessly, such as driving under the influence or fleeing the scene, you may be eligible for punitive damages. These are meant to punish bad behavior and are awarded in addition to compensatory damages. Georgia law allows for punitive damages in certain car accident cases where there is clear evidence of intentional harm or extreme negligence.
Speak with a car accident attorney to find out if you qualify for this type of financial recovery.
How Your Percentage of Fault Affects Compensation
Georgia reduces your compensation based on your share of fault. If you are 30 percent at fault, your total financial compensation will be reduced by that amount. For example, if your losses total $40,000, you may receive $28,000.
Contact an Experienced Atlanta Car Accident Lawyer Today!
If you were involved in a car accident and think you might be at fault, do not assume you have no legal options. Georgia law may still allow you to recover compensation for your injuries, lost income, and vehicle damage. At The Weinstein Firm, our experienced Atlanta car accident lawyers are here to guide you through every step of the process.
Contact us at 770-HELP-NOW for a free case consultation today!
