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How can negligence laws affect a car wreck case?

On Behalf of | Sep 14, 2022 | Personal Injury

A devastating car wreck can result in serious injuries, permanent disabilities and property damage. Given the high expenses of these outcomes, you should not have to worry that you will not receive compensation from an at-fault driver. The state negligence law will likely be a factor in whether you can secure damages.

Though negligence laws differ by state, they all determine a threshold to qualify or disqualify someone to acquire compensation from another motorist following an auto collision.

Georgia negligence law

According to Nerdwallet, Georgia has a modified comparative law. A comparative negligence law assigns responsibility for a wreck based on how someone had contributed to the incident. So if someone sustained serious injury but was 30% responsible for the collision, the individual can seek no more than 70% of available damages.

Georgia is different because its negligence law assigns a cap of 50% responsibility. In other words, if you are responsible for over 50% of the wreck, the law will not allow you to acquire payment from the other motorist.

Evidence that proves fault

Insurance adjusters examine various kinds of evidence to determine who was at fault for a wreck, which may include the following:

  • The damage to the vehicles
  • Reports from police on the scene
  • The weather conditions during the wreck
  • Recorded statements from parties involved

Gathering your own evidence could bolster your case to the insurer and avoid incurring responsibility for the wreck that you do not deserve. Having witnesses testify on your collision and supplying pictures and videos that you or your passengers took from the accident scene may be of vital assistance during this difficult time in your life.