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Can You Recover Damages if You’re Partially At Fault in an Auto Accident?

Sometimes after an auto accident, it may be difficult to prove who was responsible, or “at fault” for causing the accident. In some cases, both parties may have been partially at fault for causing the crash. If you were involved in a car accident and have suffered from personal injuries that were caused by the other party, you are a victim and are entitled to compensation to cover medical bills and any other expenses and suffering due to the accident. However, what happens if you may have been partially responsible for contributing to the cause of the accident? Can you still recover damages or compensation for your injury claim if there’s a chance you may have been at fault for causing the accident?

The answer will depend on where you live. To ensure that you are awarded the maximum amount of compensation as you proceed with your claim, you will need the help of an experienced Georgia accident attorney who is familiar with this type of issue. In the City of Atlanta, many people have suffered from serious injuries after being involved in car accidents. Studies show that more than 1,200 people have died and thousands more were left to suffer from personal injuries in the wake of vehicular accidents. After an accident, you have a lot to figure out while also probably missing work to recover from any injuries you sustained, or even psychological therapy, not to mention physical therapy.

What Happens If You’re At Fault in an Auto Accident?

If you’re at fault in an accident in Georgia, can you still recover damages? Georgia is what’s called a “comparative negligence” state. What this means is that if you’ve been in an accident and you are partially at fault, you still may be able to recover for your damages. However, to recover under the Georgia comparative fault rules, your percentage of fault in an accident can’t be greater than the percentage of fault of the other parties to the accident. For example, if it is determined that you are 30% at fault for causing an accident, then you would still be entitled to recover 70% of your damages. However, if it is determined that your percentage of fault in the accident is 50% or greater, unfortunately, you won’t be able to recover for your damages.

A personal injury law firm will assist their clients with navigating what to do if there is a chance their client may have been partially at fault for causing an accident. Common motor vehicle accidents include the following types of accidents:

Car Accidents – This type of accident can cause an array of personal injuries from cuts, bruises, whiplash, soft bone injuries to serious injuries like head trauma, brain damage, spinal injuries, and most devastating is death. More than half of the percentage of motorists are seriously injured because of the fault of other drivers. Statistics from the National Highway Safety Administration show that motor vehicle accidents are one of the leading causes for untimely teenage deaths.

Motorcycle Accidents – Motorcycles are becoming more popular these days because they are small and easy to maneuver. Because of their small stature, motorcycles are easily hidden from other motorists’ view, which may lead to accidents. The motorcyclist is more at risk when it comes to accidents because the rider is not enclosed in a metal box and may take most of the force of an impact. Motorcycle accidents can cause serious injuries like brain injuries, cervical injuries and spinal injuries.

Truck Accidents – In the State of Georgia, there are many big trucks and tractor-trailers on the highways. It is one of the five states that have the greatest number of 18-wheeler accidents. Large trucks are destructive and can cause more harm because of their size and weight. Due to their enormous size if a large truck gets into an accident, it will definitely cause serious physical injuries or even a fatality. One out of six vehicular accidents involve a tractor-trailer according to the Georgia Department of Transportation.

Sometimes within minutes after an accident involving a truck, trucking companies send investigators to the crash scene to start working on their behalf. These investigators are trained to protect trucking companies and they will work quickly to collect information from the accident scene with the hopes of minimizing a potential injury claim.

Therefore, it’s crucial that an injury victim hire an experienced trucking attorney as soon as possible to work on their behalf to start investigating the crash scene before key evidence such as tire skid marks or debris from the accident are no longer available. In addition, you want to hire an attorney quickly so that they can demand in writing that the truck company not destroy important information about the actual company driver involved in that crash, such as the driver’s logs that show where the driver has been driving for a period of time prior to the collision and the results of drug and alcohol tests that may have been administered after the crash.


If you have questions about recovering in an auto accident where comparative fault may be an issue, contact our law firm to schedule a free consultation. We’ll help you determine who was primarily at fault, or if you were at fault at all.  If you or your loved one had suffered serious physical injury or even death as the fault of another driver, you may have the right to claim financial compensation. For more information on how you can file a personal injury claim, do not hesitate to contact Council & Associates immediately at (404) 526-8857.