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Can i seek damages if i was found partially at fault for my accident?

Children are always told to take responsibility for their actions and when you become an adult, it still important to own your actions and accept the consequences too.

When being involved in a car accident, this is important to part of the claims process that ensures everyone injured in the accident is fairly treated and gets the compensation they deserve.

Often times people want to say its the other person's fault because they hit them, but there are multiple avenues that place blame.

Multiple people involved in the accident could each have some amount of blame making them each partially at fault.

For example, at some intersection, there could be an overgrowth of trees or bushes blocking views of both drivers. This could place fault on the landowner of the trees blocking visibility.

Another example is if you were rear-ended it should be the other person’s fault, but you were driving under the influence you will be found at fault as well because of your decision to drive dangerously.

There are many different scenarios where it is NOT all one person's fault, and this changes ownership and responsibility of who owes who what.

Ultimately when the fault is shared, it will change what type of compensation you will receive, but you can still receive some deserved compensation for your injuries.

It is best to hire an attorney if you are in this situation. 

Adjusting Compensation for Fault

When adjusting compensation you need to get acquainted with three key terms:

Modified Comparative Negligence: In most states including Georgia if you own more than 50% of the responsibility of the accident then you will receive no compensation.

Contributory Negligence: If you have been injured and own the negligence that caused your injuries from an accident then you would usually receive no money. In Georgia, you can still recover some compensation depending on the circumstance. For example, if you are found to be 20% responsible for your car accident and you were originally awarded $100,000 it is likely that your compensation award would be reduced by 20% making it $80,000.

Pure Comparative Negligence: This allows you to get compensation if you are partly at fault. It is done on a percentage base and the more at fault you are the less you will be able to receive. In some states including Georgia you can not get any compensations if you are found more than 50% then you get no compensation.Car Accident Blame | Compensation for at fault person

Determining Who is At Fault

Determining who is at fault can sometimes be difficult because it’s one person word against another person’s word, making this one of the most difficult steps in a personal injury case.

Hiring a personal injury attorney will help in this difficult step in your case because they have the resources to gather more evidence to prove the who was at blame for what part of the accident.

An investigator will have to gather evidence that shows which party caused the accident.

They will have to review surveillance footage, examine photos of the scene of the accident, work with accident reconstruction expert, and interview any eyewitnesses.

All of these steps will help your case and compensations, but each case is different from talking with a lawyer is best.



When it is not clear who is at fault for an accident you have been involved in it is always best to seek legal representation so you can still receive the compensation you deserve. In Savannah, GA  The Brown Firm is here to help you get your deserved compensation for an accident that is less than 50% your fault.

We are a firm that has the best attorneys for car accident cases. We are experienced skilled attorney ready to fight for you!

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