In Georgia, you can recover damages if you’re less than 50% at fault, but your recovery is reduced by that percentage. If you’re 50% or more at fault, you recover nothing. KP Law focuses on lowering your fault percentage to raise your recovery.
Georgia’s Modified Comparative Negligence Rule
- Under 50% at fault: You can still recover damages, reduced by your percentage of fault.
- 50% or more: You’re barred from recovery.
Insurers know this rule and use it to shift blame. Our job is to push your percentage down with evidence.
How Fault Is Determined
- Police reports and citations
- Eyewitness testimony
- Photos, skid marks, and crash reconstruction
- Vehicle data (including black box info)
- Surveillance or traffic camera footage
Even small facts, like lighting, speed, or road design can change fault allocation dramatically.
Common Scenarios and Legal Strategies
1. Left-Turn Collisions
Insurers claim turning drivers are always at fault.
Our counter: Signal timing, lane markings, and speed data often prove shared fault or full liability on the other driver.
2. Rear-End Collisions with “Sudden Stop” Excuses
Insurers argue you stopped abruptly.
Our counter: Following distance and distraction evidence often put fault back on the trailing driver.
3. Multi-Car Pileups
Insurers claim “everyone’s to blame.”
Our counter: Impact sequencing and expert analysis clarify real responsibility.
Example of How Percentages Affect Recovery
If a jury awards $200,000:
- At 10% fault, you get $180,000.
- At 40% fault, you get $120,000.
- At 50% fault, you get $0.
Every percentage matters.
How KP Law Reduces Fault Percentages
- Conducts independent investigations
- Preserves vehicle data and surveillance footage
- Brings in reconstruction experts early
- Challenges insurer assumptions with hard evidence
- Pushes back aggressively against unfair blame tactics
What You Should Do Right Away
- Call KP Law before giving any statement
- Keep all accident evidence (photos, dashcam, medical bills)
- Avoid social media posts about your injuries
- Stay consistent with treatment
FAQ
Q: The police said I was at fault, am I out of luck?
A: Not necessarily. Police reports are not final proof in court.
Q: Can I still recover if both of us broke traffic laws?
A: Yes, as long as you’re less than 50% responsible.
Q: Does this rule apply outside car crashes?
A: Yes. Comparative negligence applies to slip and fall, dog bites, and other injury cases too.
Call to Action
If an insurer says you’re partly to blame, don’t accept it.
📞 Call 404-551-4727 or schedule your Free Fierce and Fearless Case Review with KP Law Group.