Negligence

Negligence is a foundational principle of personal injury law in Georgia. Negligence is the failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. This legal concept forms the basis for holding defendants responsible in car accident cases and other personal injury cases.

Elements of Negligence

Negligence, as defined by Georgia law, consists of four essential elements, each of which must be proven by the plaintiff to establish a valid claim.

Duty of Care

The first element of negligence is the existence of a duty of care owed by the defendant to the plaintiff. A duty of care is a legal obligation imposed on individuals or entities to exercise reasonable care and caution in their actions to prevent foreseeable harm to others. The specific duty of care owed by the defendant depends on the circumstances of the case and the relationship between the parties.

In Georgia, negligence can arise in various contexts, including car accidents, truck accidents, slip and fall accidents, medical malpractice, premises liability, product liability, and wrongful death cases. The standard of care required and the specific circumstances of each case may vary depending on the nature of the claim and the applicable laws and regulations.

Breach of Duty

The second element of negligence is the breach of the duty of care by the defendant. A breach of duty occurs when the defendant fails to meet the standard of care expected under the circumstances. This may involve acts of carelessness, recklessness, or intentional misconduct that expose others to an unreasonable risk of harm.

Causation

The third element of negligence is causation, which consists of two components: causation in fact and proximate causation. Causation in fact, also known as “but-for” causation, requires proof that the plaintiff’s injuries would not have occurred “but for” the defendant’s breach of duty. Proximate causation, also known as legal causation, requires proof that the defendant’s breach of duty was a foreseeable and direct cause of the plaintiff’s injuries, without the intervention of any superseding causes.

Damages

The fourth element of negligence is the existence of damages suffered by the plaintiff as a result of the defendant’s breach of duty. Damages may include physical injuries, emotional distress, pain and suffering, medical expenses, lost wages, property damage, and other economic and non-economic losses resulting from the accident or incident.

To establish a claim of negligence in Georgia personal injury cases, the plaintiff must present evidence and prove each of these elements by a preponderance of the evidence, which means that it is more likely than not that the defendant’s negligence caused the plaintiff’s injuries.

Comparative Negligence in Georgia

Georgia follows a modified comparative negligence system, which means that the plaintiff’s recovery may be reduced in proportion to their degree of fault in causing the accident or their injuries. Under Georgia law, a plaintiff may still recover damages as long as their percentage of fault is less than 50%. However, if the plaintiff is found to be 50% or more at fault, they are barred from recovering any damages.

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Local Auto Accidents

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Interstate 85 south shut down at Boggs Road because of crash  Gwinnettdailypost.com [...]

One dead after crash in Atlanta, police say  11Alive.com WXIA [...]

Memorial Day weekend Georgia drownings, car accidents  11Alive.com WXIA [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

Victims of Sunday's multi-vehicle crash on I-75 in Bartow County identified  FOX 5 Atlanta [...]

Best Cheap Car Insurance Rates in Georgia (as low as $42/mo)  ValuePenguin [...]

Crash at notorious Decatur intersection sends three to the hospital  Decaturish.com [...]

Deadly Miller Rd/Covington Hwy crash: DeKalb Police  11Alive.com WXIA [...]

1 dead in overnight Decatur car crash, police say  Atlanta News First [...]

16-year-old student dies in crash, marking Lakeside High's fifth traffic fatality this school year  Decaturish.com [...]

Construction accident claims life of Watkinsville company employee  Online Athens [...]

Two pickups crash killing woman and injuring four other people  Online Athens [...]

Truck driver killed, 3 others injured in related traffic accidents, Athens police say  Atlanta News First [...]

Watkinsville man killed following truck crash on Commerce Road  Online Athens [...]

Daniel Thomas “Danny” Roland  Now Habersham [...]

3 dead after driver flees from GA police, crashes vehicle as car goes up in flames  WSB Atlanta [...]

Clayton County: Stolen ambulance chase leads to crash near Tara Boulevard, Dixon Road  FOX 5 Atlanta [...]

GDOT: I75 crash in Clayton County; lanes blocked  11Alive.com WXIA [...]

Four killed in Ohio highway wrong-way crash  NBC4 WCMH-TV [...]

Teenage car break-in suspect in Gwinnett County struck by vehicle  FOX 5 Atlanta [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

5 killed in Bartow County I-75 crash identified: coroner  11Alive.com WXIA [...]

Bartow County crash: Kennesaw State University student killed  11Alive.com WXIA [...]

Pedestrian killed in overnight crash at Kennesaw intersection  Yahoo! Voices [...]

Family shaken but unhurt after car crashes into Cobb County home  11Alive.com WXIA [...]

One dead after crash in Atlanta, police say  11Alive.com WXIA [...]

Woman killed in Henry wreck that shut down I-75 South for hours   The Atlanta Journal Constitution [...]

Driver in deadly Peachtree Corners high-speed crash charged with murder  FOX 5 Atlanta [...]

4 Dead, At Least 3 Injured In 2 Gwinnett Co. Crashes  Patch [...]

Lawmakers consider banning speed cameras in Ga., one metro Atlanta county fights to keep them  WSB Atlanta [...]

Russell Jacoby Obituary - PA  The Morning Call [...]

2 killed in motorcycle crash on I-20 in Rockdale County  WSB Atlanta [...]

2 killed in Rockdale County multi-vehicle crash, sheriff’s office says  Atlanta News First [...]

Greenville: 3 women killed in crash on I-85  WYFF4 Greenville [...]

Rockdale County storm damage near Sigman Road  11Alive.com WXIA [...]

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