Accidents happen due to negligence all the time, and plaintiffs bring lawsuits to get compensation for injuries the defendant caused. In many personal injury claims, the whole of the incident is the fault of the defendant. However, sometimes life is messy, and plaintiffs are partially at fault for their own injuries. When that is the case, each state handles how plaintiffs who partially cause their own injuries differently.
In Georgia, a system of comparative negligence is used whereby a plaintiff’s damages are reduced based on how much they are at fault for their own injuries. For the most part, the plaintiff’s damages are reduced by the percentage they are deemed to be at fault. However, if a plaintiff is more than half responsible for their own accident, they cannot recover damages at all.
Start getting help with your claim when you contact the Georgia personal injury legal team from Rice, Murtha & Psoras by dialing (470) 287-3070.
Georgia’s Comparative Negligence Law Explained
Comparative negligence in Georgia is detailed in O.G.C.A. § 51-12-33. The law deals with situations where plaintiffs are partially responsible for the injuries they receive in an accident. The law states that plaintiffs who are partially responsible for their own injuries can have the damages they receive reduced based on the percentage they are deemed to be at fault. For example, suppose a plaintiff who gets awarded $100 in damages is found to be 20% at fault for their own injuries. In that case, their damages would be reduced to $80 to reflect the percentage of responsibility the plaintiff had for their own injuries.
Note, however, that under § 51-12-33(g), plaintiffs who are more than 50% at fault cannot recover any damages, so it is important to work with our Georgia personal injury lawyers to ensure that the court has no reason to believe you are ineligible for financial compensation.
Examples Where Georgia’s Comparative Negligence Law May Come into Play
Legal concepts like comparative negligence can sound esoteric and tricky to understand. For that reason, our lawyers have put together some examples that may help demonstrate when comparative negligence may come into play in a personal injury case.
Car Accident Comparative Negligence
Very few people will drive perfectly at all times. For that reason, comparative negligence is likely to come into play to some degree in car accident lawsuits. For example, if a plaintiff was driving over the speed limit when another vehicle struck them, a defense attorney may argue that the plaintiff had some hand in causing the accident. That being said, our lawyers can point out other factors that may indicate that speeding had no effect on the defendant’s conduct.
Motorcycle Accident Comparative Negligence
Motorcycle accident cases, in particular, may involve arguments for a reduction in damages based on comparative negligence. Motorcyclists are often stereotyped as reckless thrill-seekers, and defense attorneys may exploit this flawed assumption. For example, O.G.C.A. § 40-6-315(a) requires everyone operating a motorcycle in Georgia to wear a DOT-approve helmet. If you were not wearing a helmet at the time of the accident, the defense attorney may try to use that fact to hurt your case. That being said, the fact that you were not wearing a helmet may not even apply to your case. For example, if you suffered a broken leg in a motorcycle crash, that injury is not protected by a helmet, so whether you were wearing one or not is not relevant to the case – and probably should not be brought up in any event as it may unduly prejudice the jury.
Premises Liability Comparative Negligence
Property owners and other entities have a duty to keep places safe for people who may come and go. If, despite these efforts, someone gets hurt, the plaintiff may be found to be partially responsible for their own injuries. For example, suppose a construction site has numerous “DANGER” signs warning of falling debris, and a plaintiff either does not see these signs or ignores them prior to getting hit by a falling object. In that kind of case, the plaintiff may be found to be partially liable for their own injuries.
How to Combat Comparative Negligence Claims in Georgia
If a defendant is alleging that you are partially or wholly to blame for your own injuries, you may want to know how to combat those allegations. It is important to argue against a defendant claiming that you were negligent so that you can get all the damages you need and not be left wanting after a successful lawsuit. Our lawyers will walk you through some of the ways that plaintiffs dealing with allegations that they were negligent can fight back against those assertions.
Witness Testimony
Testimony from eyewitnesses is a very strong way to combat claims that you were negligent. For example, suppose the defendant alleges that you were texting while driving when the defendant hit you. A witness who saw you intently focused on the road at the time of the accident can help disprove the defense’s assertion.
Physical Evidence
Physical evidence can also combat claims that you were partially negligent. For example, suppose in a product liability case that the defense alleges the plaintiff did not follow the instructions that came with a product, and if the plaintiff had followed the instructions, they would not have been hurt. In that case, evidence that the plaintiff’s product had incorrectly printed instructions, or indeed no instructions at all, could help establish that you are not to blame for your injuries.
Get in Touch with Our Georgia Personal Injury Lawyers Now
Rice, Murtha & Psoras’s Athens, GA personal injury lawyers can be reached for free case reviews when you call (470) 287-3070.