Every day, some accidents happen in Georgia or elsewhere in the U.S. The first question that everyone tries to answer after an accident is whose fault the accident was. Two major factors help in identifying where the responsibility lies; they are negligence and causation. If someone is negligent and causes an accident, they should pay for the injuries to the victim. But what happens if everyone involved in the accident was careless and had a contribution to the accident?
Various laws govern how different states award accident compensation. Some states follow the contributory negligence law, where even one percent of fault in an accident can lead to failure to recover any damages. Other states follow a comparative negligence law where victims can recover damages though they were partly at fault. Georgia is a modified comparative negligence state.
People can recover damages regardless of whether they were at fault. However, if the mistake is 50 percent or more, they cannot claim for any damage. The percentage of fault someone has in Georgia determines how much they can recover. If they have a 30 percent fault, their compensation will reduce by 30 percent. Therefore, they will receive only 70 percent of the damage.
The critical difference between comparative negligence and contributory negligence is that for comparative negligence, the victim of the accident will receive at least part of their damages. Contributory negligence, on the other hand, prevents the plaintiff from acquiring any damages. Either way, the plaintiff must prove that they are not responsible for any negligence and did not contribute to the damage.