Contributory negligence and Georgia car accidents

Contributory negligence is a common defense in car accident cases. It usually boils down to this: the insurance company of the other driver will not pay-or offers to pay less-claiming you were at fault too.

It may sound like grownup insurance companies playing the blame game, but a lot of money can be at stake. In Georgia, if the other driver's insurance company successfully shifts 25 percent of the fault for an accident to you, your recovery for losses suffered will be reduced by 25 percent.

Contributory negligence is an important issue in motor vehicle accidents. If the defendant in a personal injury case can show the plaintiff was also at fault, the plaintiff's recovery can be reduced by whatever percentage of fault is assigned to the plaintiff. If the plaintiff can be shown to be 50 percent or more responsible for the accident, the plaintiff will be barred from making a financial recovery.

For this reason, it's important not to discuss fault-or anything else-with the other driver's insurance company. Even if you had a green light at an intersection, you could be assigned a percentage of the faulted if you admit in a recorded statement that you did not look both ways.

If a driver is cited in an accident, he or she is usually assigned most or all of the fault. However, the police officer's report is not the final word. If other side challenges who was fault, the issue may ultimately be decided in court. Fault is often litigated in high-stakes personal injury cases.

The law firm of Stone Law Group in Atlanta offer s free initial consultation to discuss steps you can take to protect your interests following a car accident. Call 404-436-2766 for a free initial consultation.

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